Malcolm Rivera
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Amendments to the Constitution 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. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states). Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution | 33 proposed, 27 ratified |
| First 10 amendments | Known as the Bill of Rights |
| Amendments 11-27 | Includes modifications to Article III, section 2, and Article I, section 3 |
| Amendment process | Proposed by Congress with a two-thirds majority in both the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures |
| Ratification | Requires three-fourths of states (38 of 50) |
| Role of Archivist of the United States | Administers the ratification process and certifies amendments |
| Number of proposals to amend the Constitution | Approximately 11,848 since 1789 |
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What You'll Learn
The Bill of Rights
The United States Constitution has had 27 amendments, with 33 proposed by Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Bill of Rights was added to the Constitution to address the objections raised by Anti-Federalists and limit the powers of the government. It was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as the English Bill of Rights and the Magna Carta.
James Madison, then a member of the U.S. House of Representatives, wrote the amendments to limit government power and protect individual liberties. Madison initially opposed the idea of a bill of rights, arguing that the Constitution did not grant the federal government the power to take away people's rights. However, he later agreed to support adding a bill of rights and served as its author. The Bill of Rights includes specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. It also includes protections such as due process and trial by jury.
The first amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abriding the freedom of speech, or of the press; or the right of the people peaceably to assemble, and 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, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
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 means that just because a right is not listed in the Bill of Rights does not mean that it does not exist. The tenth amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
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The role of the Archivist
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when Congress proposes an amendment. The Archivist's role in amending the Constitution includes:
Submitting Amendments for Ratification
The Archivist submits amendments proposed by Congress to the states for ratification. This involves following procedures and customs established by the Secretary of State and the Administrator of General Services. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
Collecting State Ratifications
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then conveys this to the Director of the Federal Register for examination and custody. The Director of the Federal Register examines the ratification documents for facial legal sufficiency and an authenticating signature.
Certifying Amendments
Once three-fourths of the states (38 out of 50) have ratified an amendment, the Office of the Federal Register 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 US Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
Custody of Documents
The Archivist of the United States has duties concerning the custody of important documents, such as Electoral College documents during presidential elections. The National Archives maintains custody of original documents, such as joint resolutions and acts of Congress signed into law by the president. The Archivist has delegated many administrative responsibilities to the Director of the Federal Register.
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Ratification by three-fourths of states
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution is outlined in Article V of the Constitution, which gives Congress the authority to propose and ratify amendments.
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 done through the state legislatures or state ratifying conventions in three-fourths of the states. The latter method has only been used once, for the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment and ended prohibition.
The Archivist of the United States is responsible for administering the ratification process and ensuring its legality. Once an amendment is ratified, the Archivist issues a certificate proclaiming it as an operative part of the Constitution.
The process of amending the Constitution typically begins with a proposal by Congress, which must pass with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification. While Article V provides for an alternative process, allowing states to call for a constitutional convention, this has never been utilized.
The ratification process is not without its challenges. For instance, the Equal Rights Amendment (ERA) has been under consideration for ratification in North Carolina, Tennessee, and Florida. If one more state ratifies the ERA, the process will move to the courts to determine the constitutionality of the original deadline. Additionally, Congress may determine whether an amendment is still valid after a certain period of time, as seen in the Coleman v. Miller Supreme Court case, which affirmed Congressional power in this area.
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Congress proposing amendments
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
Congress plays a crucial role in proposing amendments to the Constitution. The authority to amend the Constitution is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a significant step in the amendment process, as it allows Congress to initiate changes to the nation's foundational document.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. During each two-year term, members of the House and Senate collectively propose around 200 amendments, demonstrating the frequent consideration of potential changes to the Constitution. However, most of these proposals do not make it out of the congressional committees to which they are assigned, and only a small fraction receive a vote by the full House or Senate.
When Congress proposes an amendment, it takes the form of a joint resolution. This resolution is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a vital role in the process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the states, providing them with the necessary documentation to consider the proposed amendment.
The process of proposing amendments by Congress is a critical aspect of the United States' constitutional amendment process. It allows for the initiation of changes to the Constitution and sets in motion a series of steps that can ultimately lead to the amendment becoming an operative part of the Constitution.
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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 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 United States as citizens and requires due process of law. 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 that citizen's "race, color, or previous condition of servitude". It was the third and final amendment of the Reconstruction Amendments.
These amendments were intended to guarantee the freedom of the formerly enslaved, grant certain civil rights, and protect the newly freed individuals and all citizens of the United States. They transformed the Constitution from a document primarily concerned with federal-state relations and property rights to one that could be used to protect the rights of vulnerable minorities and ensure their freedom.
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Frequently asked questions
The amendment portion of the US Constitution is the process by which changes are made to 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, or by a constitutional convention called for by two-thirds of the State legislatures.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Out of these, 33 amendments have been proposed by the US Congress and sent to the states for ratification.
Twenty-seven amendments are part of the US Constitution. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.
