Eleanor Finch
An addition or change to the constitution is known as an amendment. Amendments allow a constitution to adapt to changing societal needs and concerns, ensuring that the foundational legal document remains relevant over time. In the United States, the process for amending the Constitution is outlined in Article V. This process requires that an amendment can be proposed in two ways: by a two-thirds majority in both houses of Congress (the House of Representatives and the Senate) or by a national convention called by two-thirds of state legislatures. There have been 27 amendments to the US Constitution since its ratification in 1788, including the Bill of Rights, which makes up the first ten amendments.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Authority to Amend | Derived from Article V of the Constitution |
| Proposal | By a two-thirds majority in both houses of Congress or by a national convention called by two-thirds of state legislatures |
| Ratification | By three-fourths of the state legislatures or by conventions in three-fourths of the states |
| Adaptability | Allows the constitution to adapt to changing societal needs and values |
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What You'll Learn
- An addition to the constitution is called an amendment
- Amendments are proposed by Congress with a two-thirds majority vote
- Amendments can also be proposed by a constitutional convention
- A proposed amendment is ratified by three-fourths of the States
- The first 10 amendments are known as the Bill of Rights
An addition to the constitution is called an amendment
In the United States, the process for amending the Constitution is outlined in Article V. This process requires that an amendment be proposed in one of two ways: by a two-thirds majority vote in both houses of Congress (the House of Representatives and the Senate), or by a national convention called by two-thirds of state legislatures.
Once an amendment is proposed, it must then be ratified. There are also two methods for states to ratify amendments to the Constitution. The first method requires three-fourths of the state legislatures to ratify an amendment. The second method requires three-fourths of state ratifying conventions to approve a proposed amendment.
Since its ratification in 1788, the U.S. Constitution has been amended 27 times. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. These amendments include the freedom of speech, due process, and the right to keep and bear arms.
The process of amending the Constitution is integral to democratic governance, allowing the constitution to evolve and adapt over time to societal changes and needs.
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Amendments are proposed by Congress with a two-thirds majority vote
An addition to the US Constitution is called an amendment. Amendments allow the Constitution to adapt to changing societal needs and values, ensuring that the foundational legal document remains relevant over time.
Amendments to the Constitution can be proposed in two ways, as outlined in Article V. One method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The second method, which has never been used, is for a national convention to be called by two-thirds of state legislatures.
The process for proposing an amendment by Congress is as follows: when two-thirds of both Houses deem it necessary, they propose an amendment to the Constitution. This requires a two-thirds vote of the members present, assuming a quorum, rather than two-thirds of the entire membership. The joint resolution is then forwarded 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, as well as assembling an information package for the States.
Once an amendment is proposed, it must then be ratified. There are two methods for ratification, which are determined by Congress. The first method requires three-fourths of the state legislatures to ratify the amendment. The second method requires three-fourths of state ratifying conventions to approve the proposed amendment. When the OFR verifies that it has received the required number of authenticated ratification documents, it 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 and serves as official notice that the amendment process has been completed.
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Amendments can also be proposed by a constitutional convention
An addition to the US Constitution is called an amendment. There have been 27 amendments to the Constitution, the first 10 of which are known as the Bill of Rights.
Amendments to the US Constitution can be proposed by a constitutional convention called for by two-thirds of state legislatures. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
The process of amending the Constitution is derived from Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, 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, copies of the joint resolution in slip law format, and the statutory process. The Governors then formally submit the amendment to their state legislatures or the state calls for a convention, depending on what Congress has specified.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR 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. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). When the OFR verifies that it has received the required number of authenticated ratification documents, it 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 and serves as official notice to Congress and the nation that the amendment process has been completed.
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A proposed amendment is ratified by three-fourths of the States
An addition to the US Constitution is called an amendment. Amendments allow the Constitution to evolve and adapt to societal changes and needs.
The US Constitution has been amended 27 times since its ratification in 1788. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. These amendments were written by James Madison to limit government power and protect individual liberties.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which establishes two methods for proposing amendments. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second method involves a constitutional convention called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Once an amendment is proposed, it must be ratified by three-fourths of the States, or 38 out of 50 States. This can be done through the State legislatures or by conventions, depending on what Congress has specified. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
When the OFR verifies that it has received the required number of authenticated ratification documents, it 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 has been completed.
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The first 10 amendments are known as the Bill of Rights
The United States Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights.
The Bill of Rights was added to the Constitution because the Anti-Federalists believed that the original document lacked limits on government power and did not adequately safeguard individual liberty. James Madison, then a member of the U.S. House of Representatives, altered the Constitution's text to address these concerns. However, several representatives objected, saying that Congress had no authority to change the wording of the Constitution. Therefore, Madison's changes were presented as a list of amendments that would follow Article VII.
The Bill of Rights was proposed by the First Congress of the United States on September 25, 1789, following a bitter debate over the ratification of the Constitution. It was written to address objections raised by Anti-Federalists and to limit the government's power while protecting individual liberties. The amendments add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights.
The first ten amendments to the Constitution make up the Bill of Rights, and they were ratified by three-fourths of the state legislatures on December 15, 1791. The Bill of Rights had little judicial impact for the first 150 years of its existence. In the 20th century, most of its provisions were applied to the states via the Fourteenth Amendment, a process known as incorporation.
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Frequently asked questions
An addition to the constitution is called an amendment. Amendments allow the constitution to adapt to changing societal needs and values.
There have been 27 amendments to the US Constitution since its ratification in 1788. The first 10 amendments are known as the Bill of Rights, ratified on December 15, 1791.
The authority to amend the US Constitution is derived from Article V of the Constitution. An amendment can 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. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50).
