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The United States Constitution has been amended 27 times since it was drafted in 1787, with approximately 11,848 proposals to amend the Constitution having been introduced in Congress since 1789. The process of amending the Constitution is a difficult and time-consuming task, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. Once an amendment is passed by Congress, it is sent to the states for ratification, where it must be approved by three-fourths of the state legislatures. The amendments to the Constitution have covered a range of topics, including the Bill of Rights, the Reconstruction Amendments, and the prohibition of alcohol.
| Characteristics | Values |
|---|---|
| Total number of amendments | 27 |
| Number of proposals to amend the Constitution since 1789 | ~11,848 |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
| Number of amendments pending | 4 |
| Number of amendments closed | 2 |
| First 10 amendments | Ratified on December 15, 1791, and known as the Bill of Rights |
| 13th, 14th, and 15th amendments | Known as the Reconstruction Amendments |
| Amendment XXI | Repealed the 18th article of amendment, which prohibited the transportation or importation of intoxicating liquors |
| Amendment process | A proposed amendment must be passed by two-thirds of both houses of Congress and ratified by three-fourths of the state legislatures |
| Rights guaranteed by the amendments | Right to a speedy and public trial, protection from excessive bail and fines, and cruel and unusual punishments |
| Citizenship and representation | Clarified citizenship requirements and prohibited those who engaged in insurrection or rebellion from holding office |
| Debt | Validity of public debt of the United States and prohibited assuming debt incurred in aid of insurrection |
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What You'll Learn
The Bill of Rights
James Madison introduced a series of Constitutional amendments for consideration in the House of Representatives. His proposals included adding language to stress natural rights and applying parts of the Bill of Rights to the states as well as the federal government. Madison was influenced by historical documents such as the English Magna Carta of 1215 and the English Bill of Rights of 1689.
The first eight amendments in the Bill of Rights outline specific freedoms and rights, while the ninth amendment states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This amendment ensures that the rights not explicitly mentioned in the Constitution are still recognized and protected.
The rights outlined in the Bill of Rights include freedom of religion, freedom of speech, freedom of the press, the right to assemble, the right to bear arms, protection from unreasonable searches and seizures, the right to a fair trial, and protection of property rights. These rights have been further elaborated upon and clarified through subsequent amendments and court interpretations over time.
Amending the Constitution: How and Why?
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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. This amendment transformed the United States from a country described by President Abraham Lincoln as "half slave and half free". The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It defines all people born in the US as citizens and requires due process and equal protection of the laws. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key figure in the passage of this amendment, embodying the struggle against slavery and for equal rights for Black Americans.
The 15th Amendment, proposed in 1869 and ratified on February 3, 1870, completes the trio of Reconstruction Amendments. It prohibits federal and state governments from denying any citizen the right to vote based on race, colour, or previous condition of servitude. This amendment was a response to the restriction of voting rights to white men only in all states by 1869. The narrow election of Ulysses S. Grant to the presidency in 1868 highlighted the importance of protecting the franchise of Black men.
The Second Amendment: A Controversial Right
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The amendment process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming. Amendments are rarely successful, and approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with only 27 amendments ratified since the Constitution was drafted in 1787.
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, a new Constitutional Convention has never occurred. Once proposed, the amendment is sent to the states for ratification, and the Archivist of the United States is responsible for administering the ratification process.
When an amendment is ratified by a state, the state sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register (OFR). The OFR examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). Once an amendment is ratified by the requisite 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 that the amendment process is complete.
The 27th Amendment: A Historical Addition to the Constitution
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The role of the Archivist
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role was established in 1934, with R.D.W. Connor becoming the first Archivist. The current Archivist, Colleen Joy Shogan, is the first woman to hold the position.
The Archivist is responsible for supervising and directing the National Archives. They also have duties concerning the custody of documents, such as those relating to the Electoral College and the ratification of constitutional amendments.
When a constitutional amendment is sent to the states for ratification, the Archivist is responsible for administering the ratification process. This includes receiving original or certified copies of state actions and delegating many of the ministerial duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
Once an amendment has been properly ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed.
The Archivist does not make any substantive determinations as to the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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The right to a trial
The Sixth Amendment guarantees criminal defendants eight distinct rights, including the right to a speedy and public trial by an impartial jury. This jury must consist of jurors from the state and district in which the crime was allegedly committed, and the jurors must be unbiased, forming a representative cross-section of the community. The right to an impartial jury has been interpreted to mean that a jury must consist of at least six jurors, with twelve being the traditional number, and that verdicts must be unanimous.
The Sixth Amendment also guarantees the right to be informed of the nature and cause of any accusation, to confront witnesses, to have compulsory process for obtaining witnesses, and to assistance of counsel for defence. These rights have been expanded upon in subsequent Supreme Court rulings, such as in Apprendi v. New Jersey, where it was ruled that a criminal defendant has the right to a jury trial regarding any fact used to increase the defendant's sentence beyond the maximum allowed by statutes.
The Lost Amendment: What Was Removed From the Constitution
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Frequently asked questions
There have been 27 amendments to the US Constitution, with the first 10 being ratified on December 15, 1791, and known as the Bill of Rights.
The process of amending the US Constitution is difficult and time-consuming. A proposal must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of state legislatures. An amendment must be ratified within seven years of its submission to the states.
The 13th Amendment, which abolished slavery and involuntary servitude, is one example. The 18th Amendment, which established Prohibition, is another. The 21st Amendment, which repealed the 18th Amendment and ended Prohibition, was passed in 1933.
