Eleanor Finch
The United States Constitution, written in 1787, is the world's longest-surviving written constitution. However, it has been amended several times and reinterpreted to fit the changing needs of the country. The last significant attempt at a rewrite was in 1943, when lawyer Alexander Hehmeyer proposed a second Constitutional Convention to streamline the federal government. While there have been no major rewrites since the original Constitution, there have been 27 amendments, with the last one gaining the necessary support in both the House and the Senate in 1978.
| Characteristics | Values |
|---|---|
| Date of last major rewrite | Never |
| Date written | 1787 |
| Date ratified | 1788 |
| Number of amendments | 27 |
| Number of proposals to amend | 11,848 (as of January 3, 2019) |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by states | 17 |
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What You'll Learn
The US Constitution has been amended 27 times
The US Constitution, written in 1787 and ratified in 1788, is the world's longest-surviving written constitution. The Founding Fathers intended the document to be flexible to accommodate the changing needs and circumstances of the country. As a result, the Constitution has been amended 27 times since it was drafted.
The first ten amendments, known collectively as the Bill of Rights, were ratified in 1791. These amendments offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the US states. For example, the First Amendment protects freedom of religion, speech, and the press, while the Second Amendment guarantees the right to bear arms. The Tenth Amendment, which reserves powers to the states or the people, is also part of the Bill of Rights.
The remaining 17 amendments were adopted and ratified at various times throughout US history, with the most recent one, the 27th Amendment, being ratified in 1992. These later amendments primarily expanded individual civil rights protections, addressed issues related to federal authority, or modified government processes and procedures. For instance, the 13th Amendment abolished slavery, while the 19th Amendment granted women the right to vote. The 16th Amendment gave the federal government the power to collect income tax, and the 22nd Amendment limited the president to two terms.
The process of amending the Constitution is deliberately difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both the Senate and the House of Representatives before being sent to the states for ratification. Three-fourths of the states (38 out of 50) must then approve the amendment for it to become part of the Constitution. This rigorous process ensures that only significant changes that affect all Americans or secure citizens' rights are made to the nation's founding document.
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The Bill of Rights
The United States Constitution, written in 1787, is the world's longest-surviving written constitution. However, it has been amended several times and has undergone structural changes to fit the changing needs of the country. The US Constitution has never been entirely rewritten and replaced. Instead, it was designed to be flexible, allowing for amendments over time.
James Madison, then a member of the US House of Representatives, drafted a list of rights for citizens that the federal government could not take away. Madison's proposed amendments included extending the protection of the Bill of Rights to the states. However, the amendments submitted for ratification only applied to the federal government. The Bill of Rights includes the following:
- Freedom of religion, speech, and the press
- The right to bear arms
- The right to assemble and petition the government
- Freedom from unreasonable searches and seizures
- The right to a trial by jury
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Amendments and legal rulings
The US Constitution has been amended 27 times since its ratification in 1787, with an average of once every 8.6 years. The first 10 amendments, known as the Bill of Rights, were written almost immediately after the Constitution was ratified. The remaining 17 amendments were added at a rate of about once every 13.6 years.
The Founding Fathers intended the Constitution to be flexible and adaptable to the changing needs and circumstances of the country. The document was designed to be amended over time, rather than rewritten entirely. This flexibility is reflected in the various methods outlined in Article V for amending the Constitution. The first method authorises Congress to propose constitutional amendments with a two-thirds majority in both houses. The second method, which has never been used, allows two-thirds of state legislatures (34 out of 50 states) to call a convention to propose amendments, which become law only after ratification by three-fourths of the states (38 states).
The process of amending the Constitution is a lengthy one, with approximately 11,848 proposals introduced in Congress since 1789. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress, covering a wide range of topics. However, in recent decades, none of these proposals have become part of the Constitution. The last time a proposal gained the necessary two-thirds support in both the House and the Senate was in 1978, with the District of Columbia Voting Rights Amendment.
In addition to formal amendments, the US Constitution has also undergone significant changes through judicial interpretation and rulings. The power of the Supreme Court to interpret the laws and actions of the executive and legislative branches and ensure their compliance with the Constitution was established by Chief Justice John Marshall in the landmark case of Marbury v. Madison in 1803. This case asserted the right of the Judicial Department to declare acts of Congress unconstitutional and has led to an increasingly active role for the Court in interpreting and shaping the actions of the other two branches of government.
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The Reconstruction Amendments
The US Constitution, written in 1787, is the world’s longest-surviving written constitution. However, it has been amended several times and reinterpreted to fit the changing needs of the country. The Founding Fathers intended the document to be flexible, with Virginia delegate Edmund Randolph stating that the goal was to “insert essential principles only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events.”
The 13th Amendment abolished slavery and involuntary servitude, except as punishment for a crime. The 14th Amendment addressed citizenship rights and equal protection under the law for all persons. It transformed the Constitution from a document primarily concerned with federal-state relations and property rights to one that guaranteed substantive freedom and protection against misconduct by all levels of government. The 15th Amendment prohibited federal and state governments from denying citizens the right to vote based on race, colour, or previous condition of servitude.
While there have been no complete rewrites of the US Constitution, there have been periodic calls for a second constitutional convention to make substantive reforms. Some scholars have argued for constitutional changes to curb the influence of money in politics and address other shortcomings in the federal system. However, there are concerns about the potential challenges and risks involved in convening a second constitutional convention.
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Congress and the amendment process
The US Constitution, written in 1787, is the world's longest-surviving written constitution. Since it became operational in 1789, the Constitution has been amended 27 times. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
The authority to amend the Constitution comes from Article V of the Constitution. There are two steps in the amendment process. Firstly, there are two procedures for adopting the language of a proposed amendment: Congress, by a two-thirds majority in both the Senate and the House of Representatives, or a national convention (which occurs whenever two-thirds of state legislatures collectively call for one). Secondly, there are two procedures for ratifying the proposed amendment, requiring the approval of three-fourths of the states (38 out of 50): consent of state legislatures or consent of state ratifying conventions. The ratification method is chosen by Congress for each amendment.
Congress proposes an amendment in the form of a joint resolution. The joint resolution does not go to the White House for signature or approval; instead, the original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR publishes the joint resolution in slip law format and assembles an information package for the states. 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 the informational material prepared by the OFR.
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 good order, the Director acknowledges receipt and maintains custody of them. 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 that an amendment must be ratified by the required number of states within seven years of its submission to the states to become part of the Constitution. Congress's authority to set a ratification deadline was affirmed in 1939 by the Supreme Court of the United States in Coleman v. Miller (307 U.S. 433).
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Frequently asked questions
The US Constitution was written in 1787 and ratified by nine of the original 13 states a year later.
No, the US Constitution has never been rewritten. It was designed to be amended over time instead of rewriting the whole thing. Since the Constitution became operational in 1789, it has been amended 27 times.
There are two steps in the amendment process. First, the language of a proposed amendment must be adopted either by Congress (requiring a two-thirds majority in both the Senate and the House of Representatives) or by a national convention. Second, the proposed amendment must be ratified, requiring the approval of three-fourths of the states.
