Eleanor Finch
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a two-step process for amendments: they must be proposed and ratified before becoming operative. Amendments 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. However, to date, all 27 amendments have been proposed by Congress. Once an amendment is proposed, it is sent to the states for ratification. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states). The process of amending the Constitution allows for necessary changes while maintaining a stable framework of government.
| Characteristics | Values |
|---|---|
| Total amendments proposed | 33 |
| Amendments ratified | 27 |
| Amendments pending ratification | 4 |
| Amendments that failed ratification | 2 |
| Total proposals to amend the Constitution | ~11,848 |
| Amendments proposed by Congress | 33 |
| Amendments proposed by a national convention | 0 |
| Amendments proposed by the First Congress of the United States | 12 |
| Amendments in the Bill of Rights | 10 |
| Amendments known as the Reconstruction Amendments | 3 (13th, 14th, and 15th) |
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What You'll Learn
The US Congress
The US Constitution has been amended 27 times since it was put into operation on March 4, 1789. The US Congress has played a crucial role in this process, as it is one of two bodies that can propose amendments according to Article Five of the Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed by Congress, it is sent to the states for ratification.
Congress has proposed 33 amendments, 27 of which have been ratified by the requisite number of states and are now part of the Constitution. The first 10 amendments, known as the Bill of Rights, were proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. These amendments include the right to freedom of speech, freedom of the press, and the right to peaceably assemble.
The process of proposing and ratifying amendments allows for necessary changes to the Constitution while also maintaining stability. Congress has also enacted statutes governing the constitutional amendment process, and it continues to play a key role in proposing and ratifying amendments to the Constitution.
Some notable amendments passed by Congress include the 11th Amendment in 1794, which clarified the judicial power of the United States, and the 12th Amendment in 1803, which modified the process of electing the President and Vice President. The 13th Amendment, passed in 1865, abolished slavery, while the 14th Amendment, passed in 1866, granted citizenship and equal protection under the law to all persons born or naturalized in the United States.
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State legislatures
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The first ten amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791.
Once an amendment is proposed, it must be ratified by three-fourths of the states (38 states) to become part of the Constitution. This can be done through state legislatures or state ratifying conventions. The latter method has only been used once, for the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment and ended prohibition.
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The President
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. It also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory process.
However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution 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 the United States Congress and sent to the states for ratification, with twenty-seven of those becoming part of the Constitution.
The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.
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The Archivist of the US
The Archivist of the United States plays a crucial role in the process of amending the Constitution. While the authority to amend the Constitution stems from Article V of the Constitution, the Archivist is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. This responsibility includes overseeing the process by which amendments are proposed and ratified, ensuring compliance with the legal framework.
The process of amending the Constitution typically begins with a proposal from the United States Congress. A proposed amendment must gain a two-thirds majority vote in both the House of Representatives and the Senate to be sent to the states for ratification. Alternatively, a national convention called by Congress at the request of two-thirds of the state legislatures can propose amendments. However, this method has never been used.
Once an amendment is proposed, the Archivist of the United States takes on a pivotal role. The Archivist, who heads the National Archives and Records Administration (NARA), is tasked with administering the ratification process. This involves ensuring that the amendment is ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. The Archivist works closely with the Director of the Federal Register, who handles many of the ministerial duties associated with the ratification process.
Upon receiving the required number of authenticated ratification documents, the Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist. This proclamation certifies that the amendment has met the necessary requirements and has become a valid part of the Constitution. The certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
The role of the Archivist of the United States in the constitutional amendment process is essential for maintaining the integrity and legality of the process. By following established procedures and customs, the Archivist ensures that any changes made to the nation's foundational document are properly ratified and certified. This role carries significant responsibility and contributes to the preservation of the Constitution's longevity and relevance.
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The Director of the Federal Register
The Archivist of the United States has delegated many of the duties associated with this function to the Director of the Federal Register. The Director follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
When Congress proposes an amendment, the original document is forwarded directly to NARA's 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. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
Once an amendment has been ratified by three-fourths of the states (38 out of 50), the OFR verifies that it has received the required number of authenticated ratification documents. The OFR then 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 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. The Director of the Federal Register has participated in this ceremony, signing the certification as a witness.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments must be proposed and ratified before becoming operative. Amendments can be proposed by the US Congress with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
There have been 27 amendments to the Constitution, with 33 proposed. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The most recent amendment was the 27th Amendment in 1992, 203 years after it was first proposed.
Congress proposes amendments in the form of a joint resolution. Amendments must receive a two-thirds majority vote in both the Senate and the House of Representatives to be proposed to the states for ratification. Congress has also enacted statutes governing the constitutional amendment process.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution once it has been properly ratified.
Yes, amendments can also be proposed by a national convention called by Congress at the request of two-thirds of state legislatures. However, this option has never been used. All 27 amendments were proposed by Congress.
