Isabella Carter
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. Since then, amendments have been added gradually, with the most recent, the 27th Amendment, being ratified on May 7, 1992. Amendments can be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress on the application of two-thirds of state legislatures. This article will explore the process of amending the Constitution and provide an overview of the most significant amendments, including the Bill of Rights, the Reconstruction Amendments, and more recent changes.
Explore related products
What You'll Learn
The first 10 amendments, known as the Bill of Rights
The first 10 amendments to the US Constitution, known collectively as the Bill of Rights, were ratified on December 15, 1791. These amendments were designed to protect the fundamental rights and freedoms of Americans and to prevent the abuse of power by the government.
The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to peaceful assembly and to petition the government. The Second Amendment protects the right of the people to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes during peacetime without consent.
The Fourth Amendment guards against unreasonable searches and seizures, while the Fifth Amendment protects against self-incrimination and guarantees due process of law. The Sixth Amendment provides a right to a speedy trial, to legal counsel, and to confront one's accusers, while the Seventh Amendment guarantees trial by jury in certain civil cases.
The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments, and the Ninth Amendment states that the rights not enumerated in the Constitution are retained by the people. Finally, the Tenth Amendment clarifies that powers not delegated to the federal government are reserved for the states or the people.
Since the Bill of Rights, 17 more amendments have been added to the Constitution, with approximately 11,848 proposals introduced in Congress since 1789. The process for amending the Constitution is governed by statutes enacted by Congress, with amendments requiring ratification by three-fourths of the states to become operative.
The Right to Vote: Constitutional Amendments
You may want to see also
Amendments can be proposed by Congress or a national convention
The process of amending the US Constitution is a complex and lengthy one. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives of the US Congress, or by a national convention called by Congress upon application by two-thirds of state legislatures (34 states). This second option has never been used.
Since the Constitution was enacted in 1789, there have been approximately 11,848 proposals to amend it introduced in Congress as of January 3, 2019. During each two-year term, members of the House and Senate typically propose around 200 amendments, but most die in congressional committees. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
Despite the large number of proposals, only 33 amendments have been proposed by Congress and sent to the states for ratification. Of these, 27 have been successfully ratified and are now part of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
The process of ratification is also subject to specific rules and deadlines set by Congress. Since the early 20th century, Congress has stipulated that an amendment must be ratified by three-fourths of the states (38 states) within seven years of its submission to become part of the Constitution. This authority was affirmed by the Supreme Court in 1939. The Twenty-first Amendment, ratified in 1933, is the only amendment to have repealed an earlier one, ending the prohibition of alcohol established by the Eighteenth Amendment in 1919.
Amendment's Aim: Abolishing Poll Taxes and Protecting Voting Rights
You may want to see also
The process of constitutional amendment
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a difficult and time-consuming process, and since 1789, there have been approximately 11,848 proposals to amend the Constitution, with only 27 amendments successfully added.
The first step in the amendment process is for an amendment to be proposed. This can happen in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate (Congress), or by a national convention called for by two-thirds of state legislatures (34). The latter option has never been used. Congress proposes amendments in the form of a joint resolution, which is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution, as well as assembling an information package for the states.
Once an amendment has been proposed, it is sent to the states for ratification. The Archivist of the United States is responsible for administering the ratification process, following procedures established by the Secretary of State and the Administrator of General Services. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states).
Upon receiving the required number of authenticated ratification documents, 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. In recent times, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
The process of amending the Constitution is deliberately challenging, ensuring that any changes made are carefully considered and have a significant impact on the nation.
Amending State Constitutions: Why and When?
You may want to see also
Explore related products
The 13th, 14th, and 15th amendments: Reconstruction Amendments
The 13th, 14th, and 15th Amendments to the United States Constitution, also known as the Reconstruction Amendments, were passed after the Civil War to grant equal rights and liberties to newly freed African Americans.
The 13th Amendment, passed by the Senate and the House on April 8, 1864, and January 31, 1865, respectively, and ratified on December 18, 1865, abolished slavery. It states that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
The 14th Amendment, passed on July 9, 1868, established African Americans as equal citizens of the United States. It granted automatic citizenship to all people born in the US, stating that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This amendment overturned the 1857 Dred Scott v. Sanford case, in which the Supreme Court ruled that Black Americans were not citizens and had no rights that white people were bound to respect.
The 15th Amendment, which gave African American men the right to vote, reads: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." However, despite the passage of this amendment, Southern states continued to pass discriminatory laws, such as poll taxes, to deprive African Americans of their right to vote. It was not until the Civil Rights Movement of the 1950s and 1960s that the federal government fully enforced the 14th and 15th Amendments.
Weapons and the Constitution: Time for an Amendment?
You may want to see also
The Twenty-first Amendment: Repealing Prohibition
The Twenty-first Amendment to the United States Constitution, which repealed the Eighteenth Amendment and ended Prohibition, was proposed by the 72nd Congress on February 20, 1933, and ratified by three-fourths of the states on December 5, 1933. It is unique among the 27 amendments to the Constitution for being the only one to repeal a prior amendment.
The Eighteenth Amendment, ratified in 1919, mandated a nationwide prohibition on alcohol. The subsequent enactment of the Volstead Act established federal enforcement of Prohibition. However, Prohibition proved to be highly unpopular, with many Americans continuing to drink, leading to the rise of organised crime and a profitable black market for alcohol. Throughout the 1920s, Americans increasingly viewed Prohibition as unenforceable, and a political movement for its repeal grew.
Section 1 of the Twenty-first Amendment expressly repeals the Eighteenth Amendment. Section 2 prohibits the transportation or importation of intoxicating liquors into any state, territory, or possession of the United States for delivery or use in violation of the laws thereof. This section has occasionally been an issue in Supreme Court cases relating to the Commerce Clause.
Several states continued to be "dry states" after the repeal of Prohibition, and some still closely regulate alcohol distribution today. Many states delegate the power to ban alcohol importation to counties and municipalities, and there are numerous dry communities across the US. The end of Prohibition was thought to have created half a million jobs.
Amendments: The Constitution's Living Document
You may want to see also
Frequently asked questions
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
There have been 27 amendments to the Constitution, with the first 10 being ratified simultaneously on December 15, 1791, and known as the Bill of Rights.
An amendment may be proposed by Congress with a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states.
Amendment XXIII, passed by Congress on June 16, 1960, and ratified on March 29, 1961, pertains to the appointment of electors for the District constituting the seat of the US government. Amendment XXIV was passed by Congress on August 27, 1962.
The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments.
