Eleanor Finch
The Constitution of the United States has been amended 27 times, with approximately 11,848 proposals for amendments introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The process of amending the Constitution is outlined in Article V of the Constitution, with amendments proposed by a two-thirds majority vote in the House of Representatives and the Senate. Notable amendments include the 13th Amendment, which abolished slavery, and the 21st Amendment, which repealed the 18th Amendment and ended the prohibition of alcohol.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of proposals to amend the Constitution | ~11,848 |
| Number of amendments proposed by Congress and sent to states for ratification | 33 |
| Number of amendments ratified by states | 27 |
| Number of amendments not ratified by states | 6 |
| First 10 amendments | Ratified on December 15, 1791 |
| 13th Amendment | Superseded a portion of Article IV, Section 2, of the Constitution |
| 14th Amendment | Modified Article I, Section 2, of the Constitution |
| 18th Amendment | Repealed by 21st Amendment |
| 21st Amendment | Ratified in 1933 |
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What You'll Learn
The 13th Amendment and the abolition of slavery
The 13th Amendment to the US Constitution, ratified in 1865, abolished slavery in the United States and its territories. The Amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union. It was the first of the three Reconstruction Amendments, and it expanded the civil rights of Americans.
The Amendment states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation."
Before the 13th Amendment, slavery was implicitly recognised in the Constitution. The Three-Fifths Compromise, for example, provided that three-fifths of each state's enslaved population was to be added to its free population for the purposes of apportioning seats in the House of Representatives. The Fugitive Slave Clause also stated that slaves who escaped to another state remained slaves.
President Lincoln's Emancipation Proclamation of 1863 freed slaves in Confederate states but did not end slavery in the nation. Lincoln recognised that a constitutional amendment was needed to guarantee the abolishment of slavery. From 1863 to 1864, several members of Congress proposed their own versions of a new amendment. Lincoln did not live to see the 13th Amendment ratified, as he was assassinated just days after the Civil War ended. It was left to his Vice President, Andrew Johnson, to finish the amendment's ratification.
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The 14th Amendment and citizenship
The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was part of the Reconstruction program to guarantee equal civil and legal rights to Black citizens. The amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting them citizenship.
Section 1 of the 14th Amendment states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This is known as the Citizenship Clause, and it was a major provision of the amendment. The requirement that a person be "subject to the jurisdiction" of the United States excludes its application to children of diplomatic representatives of foreign states, children born to alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws.
The Citizenship Clause overruled the Dred Scott decision, which held that a free man descended from a former slave residing as a free man in one of the states at the time of the ratification of the Constitution was ineligible for citizenship. The 14th Amendment restored the traditional precepts of citizenship by birth, declaring that all persons born in the United States, regardless of race or color, and not subject to any foreign power, are citizens of the United States.
The 14th Amendment also included a Privileges or Immunities Clause, which provided that no state shall make or enforce any law that abridges the privileges or immunities of US citizens. This clause was intended to nationalize the Bill of Rights by making it binding upon the states. However, for many years, the Supreme Court ruled that the amendment did not extend the Bill of Rights to the states. Despite the intentions of the amendment's authors, it ultimately failed to protect the rights of Black citizens.
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The 18th Amendment and the prohibition of alcohol
The Eighteenth Amendment to the United States Constitution, which came into effect on January 17, 1920, prohibited the manufacture, transportation, and sale of "intoxicating liquors" in the country. Beer and wine were also included in this category, to the surprise of many. Notably, the amendment did not outlaw the consumption of alcohol or its production for personal use.
The Eighteenth Amendment was the culmination of decades of efforts by the temperance movement, which argued that banning alcohol would address societal issues such as poverty, immoral sexual behaviour, and violence. Groups like the Anti-Saloon League and the Woman's Christian Temperance Union played a significant role in advocating for prohibition. Many state legislatures had already enacted prohibition laws prior to the amendment, and by 1916, 23 states had passed laws against saloons, with some even banning alcohol production.
The amendment led to a decline in alcohol consumption in the United States, but enforcing prohibition nationwide proved challenging. Alcohol smuggling, known as rum-running or bootlegging, and illicit bars, called speakeasies, became prevalent. Criminal organisations, including Al Capone's Chicago Outfit, capitalised on the illegal alcohol trade, generating millions of dollars. Prohibition also contributed to the rise of organised crime, with gangsters controlling alcohol production, prostitution, and gambling.
Public sentiment began to turn against prohibition during the 1920s, and the Great Depression further hastened its demise. Critics argued that the ban on alcohol resulted in job losses and revenue shortages for the government. Franklin D. Roosevelt, the Democratic presidential candidate in 1932, included a plan to repeal the Eighteenth Amendment in his platform, and his victory led to the end of prohibition. On December 5, 1933, the Twenty-First Amendment was passed, repealing the Eighteenth Amendment and permitting the sale of beer.
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The 21st Amendment and the repeal of the 18th Amendment
The 18th Amendment to the United States Constitution, ratified in 1919, established the prohibition of alcohol in the country. The movement for prohibition was driven by religious groups who considered alcohol, specifically drunkenness, a "national curse". The amendment was the result of decades of efforts by the temperance movement, which argued that banning alcohol would eliminate poverty and improve social issues such as immoral sexual behaviour and violence.
However, the 18th Amendment proved to be highly unpopular and unenforceable. Despite the ban, many Americans continued to drink, and the amendment led to a profitable black market for alcohol, fuelling the rise of organised crime. By the late 1920s, public sentiment had turned against Prohibition, and the onset of the Great Depression further hastened its demise, with opponents arguing that the ban on alcohol denied jobs and revenue to the government.
Franklin D. Roosevelt, the Democratic presidential candidate in 1932, included a plan for repealing the 18th Amendment in his platform, and his victory that November marked the end of Prohibition. In February 1933, Congress adopted a resolution proposing the 21st Amendment, which repealed the 18th Amendment and modified the Volstead Act to permit the sale of beer. The 21st Amendment was unique in that it was the only amendment to have been ratified by state ratifying conventions, and it was made effective on December 5, 1933, ending the nationwide ban on the manufacture, sale, and transportation of intoxicating liquors.
The 21st Amendment's proposal and ratification resulted from the United States' problematic experience with Prohibition. The 18th Amendment and the Volstead Act were controversial because they empowered the federal government to police individual social habits and morality, a role traditionally held by state and local governments. The 21st Amendment left the regulation of alcohol to state governments, with Section 2 banning the importation of alcohol into states with laws prohibiting it.
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The process of amending the Constitution
The United States Constitution, written “to endure for ages to come”, has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is challenging and time-consuming, and it starts with proposing an amendment. An amendment can 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.
Once an amendment is proposed by Congress in the form of a joint resolution, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution, publishes it in slip law format, and assembles an information package for the States.
After an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid. 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. Notably, President Johnson witnessed the certification of the 24th and 25th Amendments, while President Nixon witnessed the certification of the 26th Amendment. For the 27th Amendment, the Archivist performed the duties of the certifying official, with the Director of the Federal Register signing as a witness.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may be proposed by 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. After Congress proposes an amendment, the Archivist of the United States administers the ratification process. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states).
The 13th Amendment superseded a portion of Article IV, Section 2, of the Constitution, which abolished slavery and involuntary servitude within the United States. The 14th Amendment modified Article I, Section 2, granting citizenship to all persons born or naturalized in the United States and prohibiting states from depriving individuals of life, liberty, or property without due process. The 21st Amendment, ratified in 1933, repealed the 18th Amendment and ended the prohibition of alcohol.
