Isabella Carter
The process of amending the US Constitution is a two-step procedure, as outlined in Article Five of the US Constitution. An amendment must be proposed and ratified before becoming operative. For an amendment to be ratified, it must be approved by three-fourths of the states, or 38 states. The 28th Amendment, also known as the Right to Safety Amendment, has been proposed by Governor Newsom of California to address America's gun violence crisis. It aims to enshrine four broadly supported gun safety principles into the US Constitution, including raising the minimum age to purchase a firearm, mandating universal background checks, instituting a waiting period for gun purchases, and barring the civilian purchase of assault weapons. While the amendment has been proposed, it is currently unclear how many states support it and whether it will ultimately be ratified and added to the Constitution.
| Characteristics | Values |
|---|---|
| Number of states required for ratification | 38 |
| Number of states that have ratified the 28th Amendment | 38 (as of 2020) |
| Subject of the 28th Amendment | Common-sense gun safety measures, also known as the Right to Safety Amendment |
| Proposer of the 28th Amendment | Governor Newsom of California |
| States that have ratified the 28th Amendment | Virginia |
| Other proposed 28th Amendments | Equal rights for men and women |
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What You'll Learn
- The 28th Amendment, also known as the Right to Safety Amendment, was proposed by Governor Newsom of California
- It will enshrine four gun safety principles into the US Constitution
- The Amendment must be ratified by three-fourths of US states to be passed
- Virginia was the 38th state to ratify the 28th Amendment
- The 28th Amendment has been supported by President Joe Biden
The 28th Amendment, also known as the Right to Safety Amendment, was proposed by Governor Newsom of California
The 28th Amendment, also known as the Right to Safety Amendment, was proposed by Governor Gavin Newsom of California. It aims to end America's gun violence crisis by enshrining four broadly supported gun safety principles into the U.S. Constitution. These principles include raising the federal minimum age to purchase a firearm from 18 to 21, mandating universal background checks, instituting a reasonable waiting period for all gun purchases, and barring civilians from purchasing assault weapons designed solely for mass killing.
Governor Newsom's proposal strikes a balance between upholding the Second Amendment and addressing the need for gun safety measures. By leaving the Second Amendment unchanged, it respects America's gun-owning tradition while also guaranteeing constitutional protections to prevent gun violence. The amendment has gained support from Democrats, Republicans, independent voters, and gun owners who favour common-sense regulations.
The 28th Amendment, if passed, would require a convention to propose amendments, also known as an Article V Convention or amendatory convention. This process, outlined in Article Five of the U.S. Constitution, ensures that amendments are properly proposed and ratified before becoming operative. To become part of the Constitution, the 28th Amendment must be ratified by three-fourths of the states, or 38 states, either through their legislatures or state ratifying conventions.
Currently, there have been 27 amendments to the Constitution, with the first ten known as the Bill of Rights. The process of amending the Constitution is a careful and deliberate one, designed to maintain stability while allowing for necessary changes. While the Right to Safety Amendment has gained support, it has not yet been ratified by the required number of states to become the 28th Amendment.
The proposal of the 28th Amendment by Governor Newsom highlights the ongoing efforts to address gun violence in America through legislative means. By proposing this amendment, Newsom and his supporters aim to create a safer nation while preserving the rights of law-abiding gun owners. The support and ratification of this amendment by the requisite number of states will determine its success in becoming an official part of the U.S. Constitution.
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It will enshrine four gun safety principles into the US Constitution
The 28th Amendment, also known as the Right to Safety Amendment, has been proposed by Governor Newsom of California to address the nation's gun violence crisis. The amendment aims to enshrine four broadly supported gun safety principles into the US Constitution while leaving the Second Amendment unchanged and respecting America's gun-owning tradition. These four principles include:
- Raising the federal minimum age to purchase a firearm from 18 to 21: This would bring the minimum age requirement in line with other legal age limits, such as the drinking age in most states.
- Mandating universal background checks: By implementing comprehensive background checks, the aim is to prevent individuals with a history of violence or other risk factors from purchasing firearms. This measure is intended to enhance public safety and reduce the likelihood of gun-related crimes.
- Instituting a reasonable waiting period for all gun purchases: A waiting period between the purchase and delivery of a firearm allows for a cooling-off period, which can help prevent impulsive acts of violence and give time for any additional safety checks or considerations.
- Banning civilian purchase of assault weapons: Assault weapons are designed for military use and have no place in civilian hands. By prohibiting civilians from purchasing these weapons of war, the amendment seeks to reduce the potential for mass shootings and protect communities from devastating acts of violence.
These principles are designed to strike a balance between upholding the Second Amendment rights of responsible gun owners and implementing common-sense safety measures to address the issue of gun violence in America. The 28th Amendment, if ratified, would require the support of three-fourths of the states, following the process outlined in Article Five of the US Constitution. It remains to be seen which states will support this amendment and bring these gun safety principles into the nation's founding document.
Amending the US Constitution: Understanding the Process
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The Amendment must be ratified by three-fourths of US states to be passed
The process of amending the US Constitution is a two-step procedure, as outlined in Article Five of the US Constitution. The first step involves the proposal of an amendment, which can be done in two ways. Firstly, the US Congress can propose an amendment with a two-thirds majority vote in both the Senate and the House of Representatives. Alternatively, a national convention can be called by Congress upon the request of two-thirds of state legislatures (34 states). This second option has never been used.
Once an amendment is proposed, it moves on to the second step: ratification. For an amendment to be ratified and become part of the Constitution, it must be approved by three-fourths (38) of US state legislatures. This can be done through state ratifying conventions or by the state legislatures themselves. The only amendment to be ratified through state conventions thus far is the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment and ended the prohibition of alcohol.
The proposed 28th Amendment, also known as the Right to Safety Amendment, aims to address gun violence in America by enshrining four broadly supported gun safety principles into the Constitution. These include raising the minimum age to purchase a firearm to 21, mandating universal background checks, instituting a waiting period for gun purchases, and barring the civilian purchase of assault weapons. While the amendment has been proposed by Governor Newsom of California, it has not yet been ratified by the required three-fourths of state legislatures to become part of the Constitution.
It is worth noting that not all proposed amendments make it through the ratification process. Of the 33 amendments proposed by Congress and sent to the states, only 27 have been successfully ratified and added to the Constitution. Six amendments have failed to be ratified, with four still pending, one closed and failed by its terms, and another closed and failed by the terms of the proposing resolution.
The process of amending the Constitution, as outlined in Article Five, was designed to balance the need for change with stability. The ratification requirement of three-fourths of state legislatures ensures that any changes to the nation's foundational document reflect the will of a supermajority of the country, protecting against hasty or narrowly supported revisions.
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Virginia was the 38th state to ratify the 28th Amendment
In 2020, Virginia became the 38th state to ratify the 28th Amendment to the US Constitution, also known as the Equal Rights Amendment (ERA). The ERA was first proposed in 1923 and, if formally recognised, would explicitly prohibit discrimination based on sex in the US Constitution for the first time.
The process of amending the US Constitution is outlined in Article Five of the Constitution. It requires that amendments are properly proposed and ratified before becoming operative. An amendment must be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and House of Representatives 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-fourths of the states (38 states since 1959) by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
Virginia's ratification of the ERA in 2020 meant that three-fourths of US states had ratified the amendment, with Virginia being the final state needed. However, there were still obstacles to having the amendment recognised. The US Department of Justice, which the office of the US Archivist was taking its lead from, argued that the amendment process had to start again from the beginning. Nebraska, Tennessee, Idaho, Kentucky, and South Dakota had also voted to rescind their previous ratification of the ERA.
In response, Virginia joined Nevada and Illinois in a lawsuit to ensure the ERA became the 28th Amendment. The attorneys general of the three states filed a lawsuit with the US District Court for the District of Columbia to compel the US Archivist to recognise the ratification of the amendment. They argued that under Article V, a proposed constitutional amendment automatically becomes valid and part of the Constitution as soon as it is ratified by three-fourths of the states, and that the US Archivist does not have discretionary authority over which amendments are added to the Constitution.
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The 28th Amendment has been supported by President Joe Biden
The 28th Amendment, also known as the Equal Rights Amendment, has been supported by President Joe Biden. On January 17, 2025, in one of his final acts as president, Biden affirmed the 28th Amendment, stating that it is "the law of the land" now. This amendment seeks to guarantee equal rights and protections under the law for all Americans, regardless of sex.
The amendment was first proposed in 1923 and passed by Congress in 1972. At that time, Congress set a seven-year window for ratification by three-fourths of state legislatures, or 38 out of 50 states. By 1979, only 35 states had ratified the amendment, leading to an extension of the deadline by three years. However, no other state ratified it during that period, resulting in the amendment's expiration by Congress's terms in 1982.
Despite the amendment's failure to secure enough state ratifications by the deadline, Biden's administration recognized it as valid. Biden's support for the 28th Amendment stems from his long-held belief in the need to protect women's full equality and ensure that no one is discriminated against based on their sex. He affirmed his agreement with the American Bar Association (ABA) and leading legal constitutional scholars, who also recognized the amendment as part of the Constitution.
The 28th Amendment has been a contentious issue, with Republicans and Democrats disagreeing over its viability. Opponents argue that the deadline to include it in the Constitution has passed, while supporters, including Biden, contend that the Constitution does not specify timelines for state ratification. Biden's declaration of the amendment as "the law of the land" occurred just three days before the end of his presidential term, and it is unclear what practical impact his statement will have.
It is worth noting that the process of amending the Constitution does not involve the President. Biden's attempt to bypass Congress and the will of certain states has been criticized as setting a dangerous precedent that undermines the integrity of the Constitution and the rule of law. Additionally, five states have sought to rescind their ratifications, further complicating the matter.
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