Malcolm Rivera
The US Constitution has been amended 27 times since its ratification in 1788. Amendments to the Constitution can be proposed by Congress and must be ratified by three-fourths of the states. The first ten amendments, known as the Bill of Rights, were ratified in 1791 and include protections for freedom of speech, religion, and the right to bear arms, as well as due process and trial by jury. Other notable amendments include the 14th Amendment, which granted citizenship and equal protection under the law to all persons born or naturalized in the United States, and the 25th Amendment, which outlines the process for filling vacancies in the offices of the President and Vice President. The Constitution is a short document that outlines the structure and basic functions of the government, leaving it to Congress to create laws governing daily life and the Supreme Court to interpret its meaning.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First Ten Amendments | The Bill of Rights |
| First Amendment | Freedom of speech, freedom of religion, and the right to bear arms |
| Second Amendment | Right to keep and bear arms |
| Amendments Process | Proposed by Congress, then ratified by three-fourths of the state legislatures |
| Time Taken | The Constitution has been amended over a period of (2023 - 1786) 237 years |
| Average Amendments per Year | Approximately 0.11 amendments per year |
| Article III | Deals with the judiciary, appointment and removal of judges, and treason |
| Article IV | Contains the "Full Faith and Credit" clause, requiring states to respect each other's laws |
| Article VI | Gives the Constitution its "supremacy" status |
| Article VII | Deals with ratification and approval by the states |
| Number of States Required for Ratification | Nine states |
| Founding Document Writer | James Madison |
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What You'll Learn
The Bill of Rights
The concepts codified in these amendments build upon those in earlier documents, notably the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215). The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. Similarly, the Tenth Amendment reserves powers not delegated to the United States by the Constitution to the states or the people.
Amendment X: States' Rights and Powers Reserved to the People
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Amendments 11-27
The US Constitution has been amended 27 times, with Amendments 11-27 occurring after the Bill of Rights, which comprises the first 10 amendments.
Amendment XI
Passed by Congress on March 4, 1794, and ratified on February 7, 1795, Amendment XI modified Article III, Section 2 of the Constitution. It established the legal doctrine of "sovereign immunity", which protects government entities or officers from being sued over the performance of their duties.
Amendment XII
Adopted in 1804, Amendment XII revised the procedures for using the Electoral College to elect the President and Vice-President. It affects the required qualifications of presidential and vice-presidential candidates.
Amendment XIII
Ratified in 1865, Amendment XIII was the first of three "Reconstruction Amendments" adopted after the Civil War. It solidified the legal status of slaves as free men and women.
Amendment XIV
Adopted in 1868, Amendment XIV is the second "Reconstruction Amendment" and one of the most significant non-Bill of Rights amendments. It contains four major clauses: the Citizenship Clause, the Privileges & Immunities Clause, the Due Process Clause, and the Equal Protection Clause.
Amendment XV
Adopted in 1870, Amendment XV was the third "Reconstruction Amendment". It was intended to guarantee the voting rights of former slaves and other African-American citizens.
Amendment XVI
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Amendment XVII
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Amendment XVIII
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Amendment XIX
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Amendment XX
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Amendment XXI
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Amendment XXII
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Amendment XXIII
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Amendment XXIV
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Amendment XXV
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Amendment XXVI
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Amendment XXVII
Proposed in 1789 as part of the original Bill of Rights, Amendment XXVII took over 200 years to be ratified. It states that no law varying the compensation for the services of Senators and Representatives shall take effect until after an election of Representatives has occurred.
Americans are proud of their Constitution and are reluctant to make changes, which is why there have only been 27 amendments in the nation's history.
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Judicial power and the Supreme Court
The US Constitution establishes the federal judiciary and outlines the Supreme Court's role and powers. Article III, Section I of the Constitution states:
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
This article grants the Supreme Court the authority to decide and pronounce judgments and carry them out for the cases brought before it. It also outlines the process for creating new federal courts and appointing and removing judges. Notably, it does not provide many details about the Supreme Court's structure and functions, leaving it to Congress to determine how to organise the Court.
Congress first exercised this power with the Judiciary Act of 1789, which established a Supreme Court with six justices and created the lower federal court system. Over time, Congress has altered the number of seats on the Supreme Court through various acts, with the number ranging from five to ten. Today, the Court consists of one Chief Justice and eight Associate Justices.
The Supreme Court holds the power of judicial review, which allows it to declare a legislative or executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but has been established through the Court's decisions. The Court's interpretation of the Constitution has resulted in a body of constitutional law that clarifies and expands Americans' rights and liberties.
The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice. It ensures that each branch of government recognises its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution. Additionally, it sets limits on democratic government, preventing popular majorities from passing laws that harm or take advantage of unpopular minorities.
Amendment History: The 19th Amendment's Adoption
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Ratification and state approval
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment 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, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process.
The process of ratification involves the Governors formally submitting the amendment to their State legislatures or calling for a convention, as specified by Congress. When a State ratifies an amendment, it sends an original or certified copy of the State action to the Archivist, who forwards it to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
For an amendment to become part of the Constitution, it must be 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 the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
The ratification process for state constitutions varies across the 50 states. Some states require amendments to be approved by a majority of voters in an election, while others provide for citizen-initiative processes or legislative approval. State legislatures generate more than 80% of constitutional amendments approved each year, with varying requirements for legislative support.
Amending the Constitution: When and How?
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Congress and the President
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves Congress and the President, albeit to differing extents.
Congress plays a central role in proposing and ratifying constitutional amendments. According to Article V, whenever two-thirds of both Houses of Congress deem it necessary, they can propose amendments to the Constitution. This proposal requires a two-thirds vote in both the House of Representatives and the Senate. Congress can also call for a convention to propose amendments upon the request of two-thirds of state legislatures. In addition to proposing amendments, Congress also plays a role in determining the method of ratification. Amendments can be ratified by state legislatures or by state ratifying conventions, as specified by Congress.
The President, on the other hand, does not have a constitutional role in the amendment process. Joint resolutions proposing amendments are not presented to the President for signature or approval. However, in recent history, the President may be involved in the ceremonial function of signing the certification of an amendment's validity. Additionally, the President can influence the legislative process through veto power, which requires a vote of yeas and nays to override.
The process of amending the Constitution also involves other entities, such as the National Archives and Records Administration (NARA) and the Federal Register. These organisations facilitate the administrative aspects of the amendment process, including the publication and distribution of proposed amendments to the states for their consideration.
It is worth noting that Congress also has the authority to select a President and Vice President in certain circumstances, as outlined in the Twentieth Amendment. This authority comes into play if there is no President-elect or Vice President-elect before Inauguration Day, or in the case of their death or incapacity.
The First Amendment's Journey to the US Constitution
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Frequently asked questions
The Bill of Rights is a founding document written by James Madison, comprising the first ten amendments to the US Constitution. It safeguards individual freedoms, such as freedom of speech and the right to bear arms, and limits government power.
The US Constitution has been amended 27 times in total. Amendments are rarely passed due to Americans' reluctance to alter the document.
Amendments to the US Constitution must be approved by Congress and ratified by three-quarters of state legislatures, as outlined in Article VI of the Constitution.
The Supreme Court decides on the meaning of the Constitution when clarification is required. The Court's rulings have, over time, expanded Americans' rights and liberties.
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