Malcolm Rivera
The United States Constitution has been amended 27 times, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. Amendments to the Constitution are referred to as Amendments followed by a number. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The process of amending the Constitution is governed by Congress, which has stipulated that an amendment must be ratified by a specified number of states within seven years of its submission. The legislative method requires approval by a two-thirds supermajority in both the House and the Senate, while the convention method allows voters to decide whether to call a convention to revise the Constitution. The Reconstruction Amendments, for example, consist of the 13th, 14th, and 15th Amendments.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Number of proposals to amend the Constitution since 1789 | ~11,848 |
| Average number of proposals during each two-year term of Congress | 200 |
| Number of amendments proposed by Congress and sent to states for ratification | 33 |
| Number of amendments ratified by the requisite number of states | 27 |
| Group of amendments known as the Reconstruction Amendments | 13th, 14th, and 15th |
| Number of amendments that have not been ratified by the required number of states | 6 |
| Number of amendments still pending | 4 |
| Last time a proposal gained two-thirds support in both the House and Senate | 1978 (District of Columbia Voting Rights Amendment) |
| Authority to set a ratification deadline affirmed by the Supreme Court | 1939 (Coleman v. Miller) |
| Article modified by the 14th amendment | Article I, section 2 |
| Article modified by the 12th amendment | Article II, section 1 |
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What You'll Learn
The US Constitution has 27 amendments
The US 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. Since then, 17 additional amendments have been added, with the most recent one, the 27th Amendment, being added in 1992.
Amending the US Constitution is a complex and lengthy process. A proposed amendment must be approved by a supermajority of two-thirds of both the House and the Senate. If it passes this stage, it is then sent to the states for ratification. An amendment must be ratified by a certain number of states (usually a majority) to become part of the Constitution. The process of amending the Constitution has been governed by statutes enacted by Congress, which stipulate deadlines and other requirements for ratification.
The amendments to the US Constitution cover a wide range of topics, including citizens' rights and freedoms, the election of the President and Vice President, and the terms of office for various government officials. Some amendments, like the 13th, 14th, and 15th Amendments (known as the Reconstruction Amendments), were aimed at addressing specific issues related to the Civil War and its aftermath.
The process of amending the Constitution is intended to be challenging, ensuring that any changes made are carefully considered and broadly supported. While thousands of proposals to amend the Constitution have been introduced in Congress, only a small fraction have successfully become part of the Constitution. This reflects the significant impact and longevity of constitutional amendments.
The US Constitution's amendments are a testament to the nation's evolving understanding of freedom, equality, and good governance. They represent the collective effort of generations of Americans to create a more perfect union, guaranteeing the rights and well-being of its citizens.
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The first 10 are the Bill of Rights
The first ten amendments to the US Constitution, ratified on December 15, 1791, are collectively known as the Bill of Rights. The amendments were proposed by Congress and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. James Madison wrote the amendments to limit government power and protect individual liberties.
The First Amendment prohibits Congress from making laws that establish a religion or restrict the free exercise of religion, freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances. The Second Amendment states that "a well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The Third Amendment states that no soldier shall be quartered in a house in peacetime without the owner's consent. The Fourth Amendment protects citizens' right to be free from unreasonable government intrusion in their homes by requiring a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right to due process of law. The Sixth Amendment provides additional protections for people accused of crimes, such as the right to a speedy and public trial and the right to an impartial jury. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people. The Tenth Amendment states that the Federal Government only has the powers delegated to it by the Constitution.
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Amendments require a two-thirds majority
The process of amending the Constitution of the United States is governed by Article V of the Constitution. Amendments to the Constitution can be proposed by Congress or by a constitutional convention. For an amendment to be proposed by Congress, it requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in each house must vote in favour of the amendment, assuming a quorum is present. This is the only method that has been used so far to propose amendments.
On the other hand, a constitutional convention for proposing amendments can be called upon the request of two-thirds of state legislatures. However, no amendments to the Constitution have been proposed by a constitutional convention to date. Once an amendment is proposed, it is sent to the states for ratification.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The specific procedures for ratification are not outlined in detail in Article V of the Constitution or the relevant statutes. Instead, the Archivist and Director follow established procedures and customs previously followed by the Secretary of State and the Administrator of General Services.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through state legislatures or state ratifying conventions, depending on what Congress specifies. Once the required number of states has ratified the amendment, the Archivist issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
The requirement for a two-thirds majority in both houses of Congress to propose an amendment ensures that any changes to the Constitution have broad support. This supermajority requirement helps protect the rights of the minority and ensures that the Constitution is not amended too easily. Similar supermajority requirements for amending constitutions can be found in other countries, such as Finland, India, and Bangladesh.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. The measure was swiftly ratified by all but three Union states: Delaware, New Jersey, and Kentucky.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all people. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was among the first to advocate for the emancipation of slaves and the enrollment of Black soldiers during the Civil War.
The 15th Amendment, proposed in 1869 and 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 passed after the narrow election of Ulysses S. Grant to the presidency in 1868, which convinced Republicans that protecting the franchise of Black men was crucial for the party's future.
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Amendments are proposed by Congress
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Since 1789, Congress has proposed 33 amendments, 27 of which have been ratified by the required number of states and are now part of the Constitution.
The process of proposing an amendment in Congress involves the introduction of a joint resolution, which is then forwarded 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 and publishes it in slip law format, as well as assembling an information package for the states.
The topics of proposed amendments vary widely. For example, in 1911, Representative Victor Berger proposed an amendment to abolish the Senate, which he believed to be corrupt and useless to the country. In 1838, following a fatal duel between two Representatives, William Graves and Jonathan Cilley, the Dueling Ban Amendment was proposed to prohibit individuals involved in duels from holding federal office.
More recently, in the 20th century, there have been proposals for a balanced budget amendment, which would require Congress and the President to balance the budget annually. While this amendment has been introduced multiple times since the 1930s, it has only gained the necessary two-thirds approval in the House once, in 1995.
The authority to administer the ratification process after an amendment is proposed rests with the Archivist of the United States, who is responsible for ensuring compliance with the provisions of 1 U.S.C. § 106b.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
The first 10 amendments are known as the Bill of Rights.
The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments.
There are two methods to propose amendments: the legislative method and the convention method. For the legislative method, a proposed amendment must be approved by a two-thirds supermajority of each house. For the convention method, the voters decide in a general election whether to call a convention to revise the Constitution.
The 12th amendment superseded a portion of Article II, Section 1 of the Constitution. The 14th amendment modified Article I, Section 2. The 27th amendment is about Congressional Compensation. The 23rd amendment, passed by Congress in 1960 and ratified in 1961, pertains to the District constituting the seat of the US government. The First Amendment is about Fundamental Freedoms, and the Second Amendment is about the Right to Bear Arms.
