Amendments: The Living Constitution's Evolution

The United States Constitution has been amended several times since it was enacted in 1789. Amendments to the Constitution are changes or additions to the original text. There have been 27 amendments to the Constitution, with approximately 11,848 proposals introduced in Congress since 1789. The process of amending the Constitution is governed by statutes enacted by Congress, and the Archivist of the United States is responsible for administering the ratification process. The first ten amendments, known as the Bill of Rights, were ratified in 1791 and include protections for freedom of speech and due process. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, were also significant additions to the Constitution.

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Amendments to the US Constitution

Additions to the US Constitution are called amendments. There have been 27 amendments to the US Constitution, with approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.

The process of amending the Constitution is governed by statutes enacted by Congress. When an amendment is sent to the states for ratification, the Archivist of the United States is responsible for administering the process. Once an amendment is properly ratified, the archivist issues a certificate proclaiming it as an operative part of the Constitution.

The 13th, 14th, and 15th amendments are known as the Reconstruction Amendments. The 21st Amendment, ratified in 1933, is notable as it repealed the 18th Amendment, ending the prohibition of alcohol.

Some specific examples of amendments include:

• The 11th Amendment, passed by Congress in 1794, which clarified the judicial power of the United States and modified Article III, Section 2 of the Constitution.
• The 12th Amendment, ratified in 1804, superseded a portion of Article II, Section 1 of the Constitution.
• The 24th Amendment, passed by Congress in 1962 and ratified in 1964, addressed the voting rights of citizens in elections for President and Vice President.
• The 22nd Amendment, ratified in 1951, limited the number of terms a person could serve as President.

The Bill of Rights

James Madison, then a member of the US House of Representatives, initially opposed the idea of creating a bill of rights. He altered the Constitution’s text where he thought appropriate, but several representatives, led by Roger Sherman, objected, saying that Congress had no authority to change the wording of the Constitution. Therefore, Madison’s changes were presented as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789.

The first Congress of the United States proposed 12 amendments to the Constitution on September 25, 1789. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and constitute the first 10 amendments of the Constitution, or the US Bill of Rights.

The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights. They also include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.

The Reconstruction Amendments

The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as a punishment for a crime. The 15th Amendment, which became part of the Constitution in 1870, prohibited the federal and state governments from denying any citizen the right to vote based on that citizen's "race, colour, or previous condition of servitude". However, it left open other forms of disenfranchisement, including sex, property ownership, literacy, and payment of a poll tax.

The 14th Amendment, adopted in 1868, addresses citizenship rights and equal protection under the law for all people. It defines all people born in the United States as citizens, requires due process of law, and mandates equal protection for all citizens. The 14th Amendment transformed the Constitution from a document primarily concerned with federal-state relations and the rights of property owners to one that could be used by members of vulnerable minorities to claim their substantive freedom and seek protection from misconduct by all levels of government.

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The role of Congress

Additions to the US Constitution are called amendments. There have been 27 amendments to the Constitution, with approximately 11,848 proposals introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.

Congress plays a crucial role in the constitutional amendment process. It has the power to propose and enact amendments, as well as govern the process by which amendments are considered and ratified. According to Article I, Section 4 of the Constitution, the "Congress shall assemble at least once in every year".

When a constitutional amendment is proposed, it is sent to the states for ratification. The Archivist of the United States is responsible for administering the ratification process. Once an amendment is properly ratified, the archivist issues a certificate proclaiming that it has become an operative part of the Constitution.

Congress has stipulated that amendments must be ratified by the required number of states within a set timeframe, typically seven years, to become part of the Constitution. This authority was affirmed by the Supreme Court in 1939 in Coleman v. Miller.

Congress has also played a role in interpreting and enforcing amendments. For example, the 14th Amendment, passed by Congress in 1866 and ratified in 1868, was interpreted by Congress to include the appointment of electors for the District of Columbia in presidential elections, leading to the 24th Amendment.

In summary, Congress initiates, governs, and interprets the constitutional amendment process, ensuring that any changes to the Constitution are properly considered and enacted.

The ratification process

The process of amending the US Constitution is outlined in 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, or by a constitutional convention called for by two-thirds of the state legislatures.

Once an amendment is proposed by Congress, it is sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). 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. 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 has been completed.

Since the early 20th century, Congress has occasionally stipulated a deadline for ratification, typically requiring ratification by the required number of states within seven years of an amendment's submission to the states. Congress's authority to set a ratification deadline was affirmed by the Supreme Court in 1939 in Coleman v. Miller (307 U.S. 433).

Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Of these, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven amendments have been successfully ratified and are part of the Constitution, including the first ten amendments, known collectively as the Bill of Rights, which were ratified simultaneously on December 15, 1791. Six amendments have not been ratified by the required number of states, with four still pending, one closed and failed by its terms, and one closed and failed by the terms of the proposing resolution.

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