Malcolm Rivera
The United States Constitution has been amended 27 times since it was drafted in 1787. Amendments are modifications to the constitution that can directly alter the text or be appended to the document as supplemental additions. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amending the Constitution is a difficult task, and amendments are only enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Ratification date of the first 10 amendments | December 15, 1791 |
| Amendment process | Proposing an amendment 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 |
| Role of the President | No constitutional role in the amendment process |
| Role of the Archivist of the United States | Administering the ratification process |
| Role of the Director of the Federal Register | Handling ministerial duties associated with the amendment process |
| Portions of the Constitution superseded by amendments | Article III, section 2; Article II, section 1; Article IV, section 2; Article I, section 2 |
| Rights protected by amendments | Freedom of speech, freedom of religion, freedom of the press, right to keep and bear arms, security of person, house, and property against unreasonable searches and seizures, right to a speedy and public trial, prohibition of excessive bail and fines, and prohibition of cruel and unusual punishments |
| Difficulty of amending the Constitution | High, as intended by the framers |
Explore related products
What You'll Learn
Amendments are modifications to the constitution
Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Once an amendment becomes law, portions of the original text may be deleted or new articles may be inserted among existing ones.
The second, less common method is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text or of an earlier amendment.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments can be proposed either 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.
Amendment History: The 19th Amendment's Adoption
You may want to see also
Amendments can be revisions to previous text
Amendments to a constitution are often revisions to previous text. They are modifications to the constitution of a polity, organization, or other types of entities. Amendments are interwoven into the relevant sections of an existing constitution, directly altering the text. Once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones.
In the United States, there have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The process of amending the US Constitution is intentionally difficult. The framers of the Constitution wanted it to "endure for ages to come". As a result, the process of amending the document is challenging, and many proposed amendments do not succeed.
Amendments to the US Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment takes the form of a joint resolution, which does not require the President's signature or approval. Once an amendment is passed, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
In other jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In these countries, amendments must also be approved in a referendum to become law.
Illinois Constitution Amendments: Who Proposes Changes?
You may want to see also
Amendments can be appended to the constitution
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging task to amend the document. There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
The process of appending amendments involves proposing them through a constitutional convention or a two-thirds majority vote in Congress. Once proposed, amendments become official once ratified by three-fourths of the states, typically within a seven-year deadline. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The difficulty of amending the Constitution is evident in the unsuccessful attempts by supporters of congressional term limits and a balanced budget amendment. The Constitution's endurance is a testament to the framers' intention for it to stand the test of time, with amendments playing a crucial role in shaping the government's framework while preserving the integrity of the original document.
The Establishment Clause: First Amendment Freedom
You may want to see also
Explore related products
Amendments are difficult to pass
Amendments to the US Constitution are rare. In over 230 years, there have only been 27 amendments, the first 10 of which were ratified in 1791 and are known as the Bill of Rights. The framers of the Constitution made it difficult to amend the document to ensure it would last "for ages to come".
The process of amending the Constitution is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. Many proposed amendments never reach ratification. The framers of the Constitution believed that a long and complicated amendment process would help create stability in the United States.
The high bar for amending the Constitution means that amendments are usually only needed to change or clarify something that the Constitution specifically says. The Constitution outlines the structure of the government but does not include most of the laws that exist in the United States. Most of the time, changing a law does not require changing the Constitution.
Amendments must be of major impact, affecting all Americans or securing the rights of citizens. For example, the amendments passed this century have given women the right to vote, abolished poll taxes, and lowered the minimum voting age from 21 to 18.
Some have argued that the amendment process is too difficult. A retired federal judge, Malcolm R. Wilkey, has said that the Constitution has been corrupted by the system, leading to gridlock and an excessive focus on re-election. However, others argue that recent efforts to amend the Constitution go too far and are an overreaction to dissatisfaction with the government.
Travel Freedom: Constitutional Right to Move
You may want to see also
Amendments can be proposed by Congress or a constitutional convention
The United States Constitution has been amended 27 times since it was drafted in 1787. Amending the Constitution is not an easy task, and the framers intended it to be so. The Constitution provides two methods for proposing amendments: by Congress or by a constitutional convention.
Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for ratification. The Archivist of the United States administers the ratification process, which has been delegated to the Director of the Federal Register.
The second method for proposing amendments is through a constitutional convention, also known as an Article V Convention or state convention. This method has never been used. A constitutional convention is called when two-thirds of state legislatures (34 out of 50) apply to Congress. The convention then proposes amendments, which become law when ratified by three-fourths of the states (38 out of 50).
The ratification process for amendments proposed by a constitutional convention is similar to that of amendments proposed by Congress. The proposed amendment is sent to the states for ratification, with three-quarters of the states needing to ratify for it to become part of the Constitution. Congress can choose the method of ratification by state legislatures or by conventions.
The amendment process allows for changes to the Constitution while maintaining its integrity and ensuring that any modifications have a significant impact on the nation and its citizens.
The Citizenship Rights of the Formerly Enslaved
You may want to see also
Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text.
Amendments to the United States Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Once proposed, the Archivist of the United States administers the ratification process. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
The United States Constitution has 27 amendments, the first 10 of which are known as the Bill of Rights. The 13th Amendment, for example, abolished slavery and involuntary servitude within the United States. The 14th Amendment defines citizenship and states that no state shall deprive any person of life, liberty, or property without due process of law.
