Eleanor Finch
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Article V of the Constitution grants Congress the authority to amend the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Ratification of the Bill of Rights | December 15, 1791 |
| Number of Proposals to Amend the Constitution | ~11,848 (as of January 3, 2019) |
| Average Number of Amendments Proposed per Congress | 200 |
| Process for Amending | Detailed in Article Five of the Constitution |
| Ratification Requirement | Ratified by three-fourths of the states (38 since 1959) |
| Ratification Deadline | Seven years from the date of submission to the states |
| Authority for Ratification Deadline | Affirmed by the Supreme Court in Coleman v. Miller (1939) |
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What You'll Learn
The US Constitution's structure
The US Constitution is the supreme law of the United States of America. It came into effect on March 4, 1789, superseding the Articles of Confederation, the nation's first constitution. The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights and were ratified on December 15, 1791.
The seven articles make up the structural constitution, which was signed on September 17, 1787, and ratified on June 21, 1788. These articles define the basic framework of the federal government. Articles IV, V, and VI embody the concepts of federalism, describing the rights and responsibilities of state governments, the relationship between the states and the federal government, and the process of constitutional amendment. Article VII establishes the procedure for ratifying the constitution.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through this method. It repealed the Eighteenth Amendment, which had established the prohibition of alcohol.
The US Constitution has been influenced by the ideas of prominent political philosophers and theorists of the late eighteenth century, such as Blackstone, Hume, Locke, and Montesquieu. The concepts of unalienable rights, the separation of powers, and the structure of the Constitution were particularly influenced by European Enlightenment thinkers.
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Ratification of amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a two-step process that begins with a proposal for an amendment, followed by its ratification.
An amendment can be proposed in two ways: by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. The President does not have a constitutional role in the amendment process, and the joint resolution does not require presidential approval.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states) by one of two methods determined by Congress: the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. This process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
Once an amendment is ratified by the required number of states, the Archivist issues a certificate proclaiming that the amendment has become an operative part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
The process of amending the Constitution is deliberately designed to be difficult and time-consuming. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, but only 27 amendments have been successfully ratified and incorporated into the Constitution.
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The Bill of Rights
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were proposed by James Madison and ratified on December 15, 1791. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. Madison and the other Framers believed in natural rights but thought that they were too numerous to list. Thus, they created a list of rights, implying that anything not on the list was unprotected.
- Congress shall make no law respecting an establishment of religion, prohibiting the free exercise thereof, or abridging the freedom of speech or of the press; the right of the people peaceably to assemble and to petition the government for a redress of grievances.
- A well-regulated militia being necessary for a free state, the right of the people to keep and bear arms shall not be infringed.
- No soldier shall, in peacetime, be quartered in any house without the consent of the owner, nor in wartime, except in a manner prescribed by law.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued without probable cause.
The remaining amendments in the Bill of Rights include protections for due process, trial by jury, and other natural and legal rights. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment reserves powers not delegated to the United States by the Constitution to the states or the people.
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The Reconstruction Amendments
The Thirteenth Amendment, ratified in 1865, abolished slavery and involuntary servitude throughout the United States, except as punishment for a crime. It was proposed in 1864 and swiftly ratified by all but three Union states: Delaware, New Jersey, and Kentucky.
The Fourteenth Amendment, ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It defines all people born in the United States as citizens and requires due process of law. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key figure in the struggle for equal rights for African Americans and was among the first to advocate for the emancipation of slaves during the Civil War. On June 13, 1866, he addressed his Congressional colleagues on the Fourteenth Amendment, reflecting his lifelong commitment to racial equality.
The Fifteenth Amendment, ratified in 1870, prohibits federal and state governments from denying a citizen the right to vote based on race, colour, or previous condition of servitude. This amendment was the result of a compromise proposal after Congress rejected broader versions of a suffrage amendment. While it opened the door for black men to gain the right to vote, it did not address other forms of voter disenfranchisement, such as those based on sex, property ownership, literacy, or payment of a poll tax.
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Congress's role in amendments
The United States Constitution grants Congress the authority to propose amendments. This power is derived from Article V of the Constitution. To propose an amendment, Congress requires a two-thirds majority vote in both the House of Representatives and the Senate. Notably, the President does not have a role in this process.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the amendment process by examining ratification documents, maintaining their custody, and drafting a formal proclamation for the Archivist to certify the validity of the amendment.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. The Archivist follows established procedures and customs, and their certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
To become part of the Constitution, an amendment must be ratified by a certain number of states, as determined by Congress. Typically, an amendment must be ratified by the legislatures of three-fourths of the states (38 out of 50 states). Congress has, on several occasions, stipulated a deadline for ratification, usually within seven years from the date of the amendment's submission to the states. This authority was affirmed by the Supreme Court in Coleman v. Miller (1939).
In summary, Congress plays a central role in the amendment process by proposing amendments, determining the ratification method, and receiving official notification of the amendment's completion. The collaboration between Congress and other institutions, such as the OFR and the Archivist of the United States, ensures the integrity and finalisation of the amendment process.
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Frequently asked questions
Article V of the US Constitution outlines the procedures for amending the Constitution.
Congress has proposed 33 amendments to the Constitution.
27 amendments have been ratified, including the first 10 amendments known as the Bill of Rights.
The first step is for two-thirds of both Houses of Congress to propose an amendment, or for two-thirds of the state legislatures to request that Congress call a convention for proposing amendments.
After an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The proposed amendment is then submitted to the states for their consideration.
