Omar Bennett
The US Constitution, beginning with the words We the People, is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Article V of the Constitution grants Congress the authority to propose amendments. The Archivist of the United States is responsible for administering the ratification process, which is finalised when three-fourths of the States (38 out of 50) ratify the proposed amendment. Amendments are added to the Constitution to address specific issues or to expand upon the rights and freedoms outlined in the original document, such as the right to bear arms, freedom from cruel and unusual punishment, and the right to due process of law.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Ratification process | Proposed by Congress, then ratified by three-fourths of State legislatures |
| Amendment authority | Derived from Article V of the Constitution |
| Amendment administration | Task of the Archivist of the United States, with support from the Director of the Federal Register |
| Amendment certification | Formal proclamation by the Archivist, published in the Federal Register and U.S. Statutes at Large |
| Amendment content | Various topics, including rights, elections, and relationships between states |
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What You'll Learn
The US Constitution and its 27 amendments
The US Constitution is a document composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The US Constitution can be amended through a two-step process outlined in Article V. Firstly, an amendment may be proposed by Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Secondly, the proposed amendment must be sent to the states for ratification. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. However, none of the proposals made in recent decades have become part of the Constitution. The last proposal that gained the necessary two-thirds support in both the House and the Senate was the District of Columbia Voting Rights Amendment in 1978, but it was not ratified by enough states within the seven-year time limit.
The 27 amendments to the Constitution cover a diverse range of topics and have been enacted at various points in US history. The first 10 amendments, collectively known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, were also significant in shaping the nation's history. Six amendments have been adopted by Congress but have not been ratified by the required number of states. Four of these amendments are still pending, while the other two have failed by their own terms or the terms of the proposing resolution.
The process of amending the US Constitution is deliberately designed to be challenging, requiring a balance between the need for change and the stability of the nation's foundational document. The amendments that have been successfully enacted reflect significant societal shifts and the evolving nature of American democracy.
Founding Fathers' Vision: The Right to Bear Arms
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The ratification process
The delegates to the Constitutional Convention of 1787 recognized the need for an alternative method of ratification for the new Constitution. The first step in ratifying the proposed new Constitution was taken before and during the meeting of the Convention in Philadelphia in May 1787. Representatives from all 13 states were invited, and the initial purpose was to amend the Articles of Confederation. However, the outcome was the proposal for a new form of government.
After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The Archivist's role is primarily ministerial, and they have delegated many duties to the Director of the Federal Register.
The proposed amendment is then submitted to the State legislatures, and each State ratifies it by sending an original or certified copy of the State action to the Archivist. The OFR examines these documents for legal sufficiency and an authenticating signature. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50 States).
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. New Hampshire became the ninth and final state needed to ratify the Constitution on June 21, 1788. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved it.
The process of ratifying the U.S. Constitution and its amendments is a critical aspect of the nation's history, ensuring the document's legitimacy and reflecting the evolving nature of the country's governance.
The Fourteenth: Extending Federal Rights to States
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The role of the Archivist
The role of an archivist is to assess, collect, organise, preserve, maintain and provide access to records and archives that are deemed to have long-term value. Archivists work for a variety of organisations, including government agencies, museums, universities and businesses. They are often involved in writing collection development policies and establishing intellectual and physical control over the materials they collect. They process and arrange materials so that they are accessible to the public, and they assist patrons with their research. Archivists also perform conservation to recover damaged items, although this is sometimes left to professional conservators. They safeguard materials by enacting security measures to ensure items do not go missing.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of amendments to the Constitution. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. Once 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.
The Amendments: Our Constitutional Rights
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The Bill of Rights
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, proposed in 1789, are known as the Bill of Rights. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. James Madison wrote the amendments, which were influenced by the Virginia Declaration of Rights, the Magna Carta, the English Bill of Rights, and other documents.
The process of amending the Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress or by a national convention called by Congress at the request of the states. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
Excessive Force: The Amendment for Protection
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State legislatures and their power
State legislatures are responsible for making laws for their respective states. They are also involved in approving budgets, establishing government agencies, and regulating businesses and courts within their jurisdiction. Each state in the United States has a legislature as part of its civil government, and with the exception of Nebraska, they are all bicameral bodies, consisting of a lower house and an upper house. The lower house can be referred to as the Assembly, General Assembly, State Assembly, House of Delegates, or House of Representatives, while the upper house is usually called the Senate.
The specific names of these legislative bodies vary by state, for example, the "California Legislature" or the "California State Legislature". The number of members in each chamber differs, with the larger chamber usually being the House of Representatives, and the smaller chamber, the Senate. Members of the larger chamber typically serve for two-year terms, while those in the smaller chamber represent more citizens and usually serve for longer terms.
State legislatures also have the power to choose the manner of appointing their state's presidential electors under Article II. Before the 17th Amendment in 1913, some state legislatures appointed U.S. Senators from their states. Now, senators are directly elected by the state's voters.
State legislatures play a crucial role in ratifying Constitutional amendments. They receive proposed amendments from Congress and can choose to act on them before receiving official notice. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
The frequency and duration of legislative sessions vary across states, with some legislatures meeting only part of the year or every other year. This has led to the concept of a "citizen legislature," where elected state legislative positions are considered part-time commitments.
Fundamental Duties: Amendment Act Explained
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Frequently asked questions
The U.S. Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The authority to amend the Constitution comes from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States administers the ratification process. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50).
The first 10 amendments, known as the Bill of Rights, include the right to bear arms, protection from unreasonable searches and seizures, and the right to due process of law. Other amendments include the 12th Amendment, which changed how Electors vote for President and Vice President, and the 14th Amendment, which defines citizenship and equal protection under the law.
Yes, in some instances, States have sent official documents to the National Archives to record the rejection of an amendment or the rescission of a prior ratification.
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