Omar Bennett
The United States Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. These amendments were proposed by the First Congress on September 25, 1789, and ratified on December 15, 1791. The process of amending the Constitution is outlined in Article V, which states that amendments may be proposed by two-thirds of both houses of Congress or by a convention called by two-thirds of the state legislatures. Amendments become valid and operative once ratified by three-fourths of the state legislatures or conventions.
| Characteristics | Values |
|---|---|
| Number of amendments proposed by the United States Congress | 33 |
| Number of amendments ratified | 27 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | ~11,848 |
| Average number of proposals to amend the Constitution introduced by members of the House and Senate in each two-year term of Congress | 200 |
| Date on which the first Congress of the United States proposed 12 amendments to the Constitution | September 25, 1789 |
| Number of proposed amendments ratified by three-fourths of the state legislatures | 10 |
| Date on which the first 10 amendments were ratified | December 15, 1791 |
| Article that was never ratified | Article 1 |
| Article ratified as the 27th Amendment to the Constitution in 1992 | Article 2 |
| Number of amendments ratified through state ratifying conventions in three-fourths of the states | 1 |
| Year in which the only amendment to be ratified through state ratifying conventions was ratified | 1933 |
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What You'll Learn
The Bill of Rights
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. They also include other natural and legal rights, such as the right to be secure in one's person, house, papers, and effects, against unreasonable searches and seizures. The Fourth Amendment, for example, bars the government from unreasonable search and seizure of an individual or their private property. The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right to not be imprisoned without due process of law.
The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215).
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The US Constitution
Article V of the US Constitution establishes the two methods for proposing amendments. The first method, which has been used thus far, requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second method, which has never been used, allows Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures.
Article V also sets forth two methods for states to ratify amendments to the Constitution. Amendments may be ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths thereof. Congress determines which method the states must follow for proposed amendments to become effective.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Collectively, members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. Thirty-three amendments have been proposed by Congress and sent to the states for ratification, with 27 of these having been ratified by the requisite number of states. Six amendments have been adopted by Congress but have not been ratified by the required number of states.
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Congress and amendments
The United States Constitution has 27 amendments, the first ten of which are collectively known as the Bill of Rights. These amendments were proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791.
Article V of the U.S. Constitution outlines the process by which amendments to the Constitution may be proposed and ratified. According to this article, whenever two-thirds of both houses of Congress deem it necessary, they shall propose amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In either case, for an amendment to become valid and part of the Constitution, it must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, with the mode of ratification proposed by Congress.
The first ten amendments, or the Bill of Rights, were proposed by the First Congress and ratified by three-fourths of the state legislatures. These amendments include guarantees of freedom of speech, freedom of religion, the right to peaceably assemble, and the right to petition the government, among others.
Subsequent amendments to the Constitution have addressed a range of issues, including the abolition of slavery, the election of the President, income tax, and the prohibition and subsequent repeal of liquor sales. The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, is particularly notable for its guarantee of equal protection under the law and its definition of citizenship.
The process of proposing and ratifying amendments allows Congress and the states to adapt the Constitution to changing circumstances and address issues that may not have been anticipated during the founding of the nation. It is a mechanism for ensuring that the Constitution remains a living document capable of evolving to meet the needs of a changing society.
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State legislatures and amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. This article provides two methods for proposing amendments: the first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of state legislatures. It's important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention so far.
State legislatures play a crucial role in the amendment process. They can initiate the process by calling for a convention, as previously mentioned. Additionally, state legislatures are responsible for ratifying proposed amendments. After Congress proposes an amendment, the Archivist of the United States submits it to the states, and the governors formally present it to their state legislatures. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states).
The specific procedures for state legislatures to craft and approve amendments vary across the country. Some states require a simple majority vote, while others demand a supermajority legislative vote in a single session or across multiple sessions. For instance, Alabama and Alaska require a simple majority vote (50% plus 1) for voters to approve constitutional amendments. In contrast, Alaska requires a two-thirds vote in each legislative chamber during a single legislative session to refer an amendment to the ballot.
The frequency of state constitutional amendments also differs significantly. For example, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average. In contrast, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions approximately once every three to four years. State legislatures are responsible for generating over 80% of the constitutional amendments considered and approved annually across the country.
In addition to the role of state legislatures, some states allow for citizen-initiated amendments through processes like ballot initiatives. However, the involvement of legislators in this process varies. In most states, citizen-initiated amendments must be ratified by a simple majority or supermajority of voters, similar to legislature-crafted amendments.
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The ratification process
The process of amending the Constitution is outlined in Article V of the US Constitution. This article empowers Congress to propose amendments, which must be ratified by three-fourths of the state legislatures to become valid and binding as part of the Constitution.
The process begins with a proposed amendment, which can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures to propose amendments. This alternative process has never been used. Once proposed, the amendment is sent to the states for their consideration.
The Archivist of the United States plays a crucial role in the ratification process. The Archivist notifies each state governor of the proposed amendment and provides informational material. The governors then submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications. The states' actions are then sent back to the Archivist or the Director of the Federal Register for examination and safekeeping.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (currently 38 out of 50 states). This ratification can occur through the state legislatures or ratifying conventions, with each state's vote carrying equal weight. Once the required number of states has ratified the amendment, the Archivist certifies its validity, and it officially becomes part of the Constitution.
It is important to note that the President does not have a constitutional role in the amendment or ratification process. Additionally, Article V does not specify a time limit for ratification, but Congress has attached time limits to proposed amendments since the 20th Amendment.
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Frequently asked questions
Since the US Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by the US Congress and sent to the states for ratification.
Twenty-seven amendments have been ratified by the requisite number of states and are part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.
Article V of the US Constitution outlines the two-step process for amending the document. The Congress, whenever two-thirds of both houses deem it necessary, shall propose amendments, or on the application of the legislatures of two-thirds of the states, call a convention for proposing amendments. In either case, the amendments become valid when ratified by three-fourths of the legislatures of the states or by conventions in three-fourths of the states.
