Amendments: Understanding The Changes To The Constitution

An amendment is a change or addition to a contract, law, or document. Amendments are often used to address events that were unforeseen when the original document was created. For example, many banking, commerce, and taxation laws were written before the internet existed and had to be amended to accommodate online payment systems, electronic signatures, and online stock transactions. In the United States, the term amendment is often used to refer specifically to changes made to the U.S. Constitution. There have been 27 amendments to the U.S. Constitution since it was ratified in 1788, with the first 10 constituting the Bill of Rights.

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What is an amendment?

An amendment is a change or addition to a law or document, such as a constitution. In the context of the United States, an amendment refers to a change to the US Constitution, the country's foundational legal document. The US Constitution has a built-in process for amendments, which are changes to the document proposed and ratified by the states.

The authority to amend the US Constitution comes from Article V of the Constitution itself. Amendments can be proposed in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate of Congress, or by a constitutional convention called for by two-thirds of state legislatures (34 since 1959). However, this second option has never been used. Once proposed, an amendment must be ratified by three-fourths of the states (38 states since 1959) to become part of the Constitution. This can be done either through the state legislatures or state ratifying conventions.

There have been 27 amendments to the US Constitution that have been successfully ratified and incorporated into the document. The first ten amendments, known collectively as the Bill of Rights, were ratified simultaneously on December 15, 1791. Six additional amendments have been proposed and sent to the states for ratification but have not been ratified by the required number of states. Four of these amendments are still pending, while the other two have failed and are now closed.

The process of amending the Constitution is a significant undertaking and plays a crucial role in shaping the country's legal framework and safeguarding the rights of its citizens.

How many amendments have there been?

The United States Constitution has had 27 amendments. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The most recent amendment, the 27th, does not have a name like its predecessors but pertains to congressional salary. Amendments 11 through 26 cover a range of topics, including citizens' rights, the election process, and prohibition.

Amendments can be proposed by the US Congress or 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-quarters of the states (38 since 1959). This can be done through legislatures or state ratifying conventions. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress.

The process of amending the Constitution is a lengthy one. The 19th Amendment, for example, which granted women the right to vote, was passed by Congress on June 4, 1919, but was not ratified until August 18, 1920. The 21st Amendment, which repealed the 18th Amendment and ended prohibition, was the only amendment to be ratified through state conventions.

The 13th, 14th, and 15th Amendments, known as the Reconstruction Amendments, were adopted following the Civil War to address slavery and its legacies. The 14th Amendment, in particular, granted citizenship to "all persons born or naturalized in the United States" and guaranteed them due process and equal protection under the law.

How are amendments proposed?

The process of proposing amendments differs across jurisdictions. In the United States, amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.

Alternatively, Article V of the US Constitution provides that Congress shall call a convention for proposing amendments upon the request of two-thirds of state legislatures. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.

In some other jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but cannot become law until they are approved in a referendum.

There are also various methods for proposing amendments at the state level in the US. For instance, there are two methods for proposing amendments to the Tennessee State Constitution: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum. Similarly, there are two methods of proposing amendments to the New York Constitution. All proposed amendments must be approved by a majority of voters in a referendum. With the legislative method, an amendment proposal must be published for three months, then approved by an absolute majority of the members of each of the two houses, and approved again in a succeeding term of the houses, with an election in between.

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The ratification process

The process of ratifying an amendment to the United States Constitution is outlined in Article V of the Constitution. An amendment may 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.

Once an amendment has been proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with informational material prepared by the OFR (Office of the Federal Register).

Upon receiving the proposed amendment, the state governor then formally submits it to their state legislature or calls for a convention, depending on what Congress has specified. The state legislature or convention then votes to ratify or reject the amendment. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).

Once an amendment has been ratified by the required number of states, the OFR examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, 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 to Congress and the nation that the amendment process is complete.

It is important to note that the ratification process does not require approval from the President, and Congress has no further role in the process once an amendment reaches the ratification threshold. Additionally, there is no specified deadline for ratification unless stipulated by Congress. In the absence of a deadline, an amendment can remain pending indefinitely and be ratified long after being proposed to the states.

The Bill of Rights

An amendment is a change or addition to the Constitution of the United States. There have been 27 amendments to the Constitution, with 33 proposed by the United States Congress. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.

• The First Amendment prohibits Congress from making laws regarding the establishment of religion, the free exercise of religion, freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government.
• The Second Amendment protects the right to keep and bear arms.
• The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes without consent.
• The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property without 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 trial by 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 not spelled out.
• The Tenth Amendment states that the Federal Government only has the powers delegated to it in the Constitution, with all other powers reserved for the states or the people.

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