Jonah Patel
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. Amending the Constitution is a difficult and time-consuming process. There are four methods to establish amendments: a two-thirds majority vote in both the House of Representatives and the Senate; a constitutional convention called for by two-thirds of state legislatures; ratification by three-fourths of state legislatures; or ratification by conventions in three-fourths of states.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution of the United States proposed by Congress | 33 |
| Number of amendments that have been ratified by the requisite number of states | 27 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | 11,848 |
| Average number of proposed amendments by members of the House and Senate during each two-year term of Congress | 200 |
| Number of proposed amendments that received a vote by either the full House or Senate since 1999 | 20 |
| Number of amendments to the Constitution of the United States | 27 |
| Time period in which the first 12 amendments were added | By 1804 |
| Time period after the first 12 amendments were added when there were no new amendments | More than half a century |
| Number of amendments added after the Civil War | 3 |
| Time period when there were no new amendments to the Constitution after the post-Civil War amendments | 43 years |
| Number of amendments added between 1913 and 1920 | 4 |
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What You'll Learn
- Amendments must be proposed by Congress and ratified by three-fourths of states
- Two-thirds of state legislatures can request a Constitutional Convention
- The Archivist of the US administers the ratification process
- Amendments are certified by the Archivist and published in the Federal Register
- Amendments are rarely successful and the process is difficult and time-consuming
Amendments must be proposed by Congress and ratified by three-fourths of states
The process of amending the United States Constitution is intentionally challenging and time-consuming. Since the Constitution was put into operation on March 4, 1789, approximately 11,848 proposals to amend it have been introduced in Congress. However, only 27 amendments have been ratified and added to the Constitution, indicating the high bar for successful amendments.
One of the four methods to establish amendments is for amendments to be proposed by Congress and ratified by three-fourths of the states. This process is outlined in Article V of the Constitution. Once two-thirds of both houses of Congress have approved a proposed amendment, 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 notifies each state's governor of the proposed amendment and provides informational material. The governors then submit the amendment to their state legislatures or call for a state ratifying convention, depending on Congress's specifications. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states).
The process of ratification varies across states. Some states may take action on a proposed amendment before receiving official notification. Once a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who delegates the custody and maintenance of these documents to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and the presence of an authenticating signature.
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 serves as official notice to Congress and the nation that the amendment process is complete. The entire amendment process, from proposal to ratification, can be lengthy and complex, reflecting the framers' intention to make amending the Constitution a difficult task.
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Two-thirds of state legislatures can request a Constitutional Convention
The process of amending the US Constitution is a challenging and time-consuming endeavour. Since the Constitution was drafted in 1787, it has only been amended 27 times. One of the methods to establish amendments is by requesting a Constitutional Convention, which involves two-thirds of state legislatures petitioning Congress to call for a convention specifically for proposing amendments.
This method, outlined in Article V of the Constitution, has never been used successfully, although it has its supporters. Advocates for a Constitutional Convention argue that it can address issues such as gridlock, excessive influence by interest groups, and the disproportionate focus of Congress members on re-election.
The process of amending the Constitution through a Constitutional Convention begins with the state legislatures. Two-thirds of the state legislatures must submit an application to Congress, requesting a convention for proposing amendments. Once Congress receives these applications, it calls for the convention to be held.
The convention brings together delegates from the states to discuss and propose amendments to the Constitution. These proposals are then sent to the states for ratification. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states, either through their legislatures or state ratifying conventions.
While the Constitutional Convention method has yet to be utilised, it remains a valid option for proposing amendments. The process underscores the importance of state involvement in amending the Constitution and provides an alternative pathway to achieving constitutional reform.
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The Archivist of the US administers the ratification process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with informational material prepared by the Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
Once 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 the 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. The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
When 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 and serves as official notice to Congress and the Nation that the amendment process has been completed. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The Archivist is also responsible for upholding the integrity of the constitutional amendment process and ensuring that changes to the Constitution are carried out in accordance with the law.
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Amendments are certified by the Archivist and published in the Federal Register
The process of amending the US Constitution is a complex and lengthy one. After a proposed amendment is passed by two-thirds of both houses of Congress, it is then 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.
Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The Office of the Federal Register (OFR) verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation. The Archivist then certifies that the amendment is valid and has become an operative 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.
The Archivist's role in the amendment process is primarily administrative, following procedures and customs established by the Secretary of State and the Administrator of General Services before NARA assumed responsibility in 1985. The Archivist does not make substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
The process of amending the Constitution is deliberately challenging, as the framers intended for it to endure for ages. Amendments must have a significant impact on all Americans or secure the rights of citizens. The Archivist's certification and publication in the Federal Register ensure the amendment's validity and provide official notice to the nation.
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Amendments are rarely successful and the process is difficult and time-consuming
Amendments are rarely successful, and the process is notoriously difficult and time-consuming. The United States Constitution was designed "to endure for ages to come", and as such, the process of amending it is intentionally challenging. The Constitution has been amended only 27 times since 1787, and the bar for an idea to merit an amendment is set very high. It must be an idea of significant impact, affecting all Americans or securing the rights of citizens.
The process of proposing and ratifying an amendment is lengthy and requires a high degree of political consensus. Firstly, a proposed amendment must be passed by two-thirds of both houses of Congress. This is a significant hurdle, as achieving the necessary supermajority in both chambers is challenging in a politically divided nation. If an amendment clears this first obstacle, it then moves on to the ratification stage, where it must be ratified by three-fourths of the states (38 out of 50 states). This step ensures that any amendment reflects the will of a significant majority of the country and is not merely a regional or partisan priority.
The ratification process is managed by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist, along with the Director of the Federal Register, follows established procedures and customs in administering the ratification process. The Archivist plays a crucial role in ensuring the integrity and legality of the process, including verifying the authenticity and legal sufficiency of state ratification documents.
The high bar for amending the Constitution has resulted in many proposed amendments failing to make it through the process. Since 1999, there have been 747 proposed constitutional amendments, covering a wide range of topics. However, only 20 of these proposals have even been voted on by the full House or Senate, with the vast majority dying in committees and subcommittees without gaining traction. This trend illustrates the challenging nature of the amendment process and the rarity of successful amendments.
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