Malcolm Rivera
The US Constitution, written in 1787, is the world's longest-surviving written constitution. However, it has been amended several times since then. The last time the US Constitution was modified was in 1978, when Wyoming ratified the Congressional Compensation Act of 1789, which is also known as the Twenty-seventh Amendment. This amendment states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred.
| Characteristics | Values |
|---|---|
| Date of Last Modification | 7th May 2025 |
| Number of Amendments Proposed | 11,000+ |
| Number of Amendments Ratified | 27 |
| First 10 Amendments | Ratified in 1791 and known as the Bill of Rights |
| 13th, 14th, and 15th Amendments | Known as the Reconstruction Amendments |
| Most Recently Adopted Amendment | Twenty-seventh Amendment (Amendment XXVII) |
| Purpose of Twenty-seventh Amendment | To ensure that any law affecting the salary of members of Congress only takes effect after the next election of the House of Representatives |
| Date Twenty-seventh Amendment Proposed | 25th September 1789 |
| Date Twenty-seventh Amendment Ratified | 1978 (Wyoming was the final state to ratify) |
| Number of States Required to Ratify an Amendment | 38 (three-fourths of the states) |
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What You'll Learn
The Twenty-Seventh Amendment
The amendment was introduced in the House of Representatives by Representative James Madison of Virginia on June 8, 1789. Madison's proposal was referred to a committee consisting of one representative from each state. After being approved by the committee, the full House debated the issue and passed it along with 16 other articles of amendment on August 24, 1789. The proposals then went to the Senate, which made 26 substantive alterations before approving a package of 12 articles of amendment on September 9, 1789.
On May 18, 1992, the Archivist of the United States, Don W. Wilson, certified that the amendment's ratification had been completed. On May 20, 1992, Congress declared the ratification to be legal, and the amendment officially became part of the Constitution. As of today, forty-six states have ratified the Twenty-Seventh Amendment, while four states have not: Massachusetts, Mississippi, New York, and Pennsylvania.
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The Bill of Rights
The US Constitution, written in 1787, is the world's longest-surviving written constitution. However, it has been modified several times since then. The process of amending the Constitution is outlined in Article Five, which details a two-step process requiring amendments to be proposed and ratified before becoming operative.
The first ten amendments, or the Bill of Rights, include:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
- Congress shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- The right of the people to keep and bear arms shall not be infringed.
- No soldier shall, in time of peace, be quartered in any house without the consent of the owner.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue without probable cause.
- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.
- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
- The right of the people to keep and bear arms shall not be infringed, as a well-regulated militia is necessary for the security of a free state.
- The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
The most recent amendment to the Constitution is the Twenty-seventh Amendment, or the Congressional Compensation Act of 1789, which was proposed in 1789 but only ratified in 1992. This amendment states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred.
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The Reconstruction Amendments
The Thirteenth Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection of the laws for all persons. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was among the first to advocate for the emancipation of slaves and the enrollment of Black soldiers. On June 13, 1866, Stevens addressed his Congressional colleagues on the Fourteenth Amendment, embodying the struggle against slavery and for equal rights for Black Americans. The Fifteenth Amendment, proposed in 1869 and ratified in 1870, prohibits discrimination in voting rights for citizens based on "race, color, or previous condition of servitude."
However, the promise of these amendments was eroded by state laws and federal court decisions throughout the late 19th century. Important Supreme Court decisions that undermined these amendments included the Slaughter-House Cases in 1873, which prevented rights guaranteed under the Fourteenth Amendment from being extended to rights under state law, and Plessy v. Ferguson in 1896, which originated the phrase "separate but equal" and gave federal approval to Jim Crow laws. It was not until the Supreme Court decision in Brown v. Board of Education in 1954, and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realized.
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Judicial interpretation
The US Constitution, written in 1787, is the world's longest-surviving written constitution. However, it has been modified several times since then. The Founding Fathers intended for the document to be flexible to accommodate the changing needs and circumstances of the country. The US Constitution has been formally amended 27 times, with the most recent amendment being the Twenty-seventh Amendment, which was ratified in 1992. This amendment addressed congressional compensation and stated that any law changing the salary of members of Congress can only take effect after the next election of the House of Representatives.
While formal amendments are the traditional method of modifying the constitution, it is important to recognize that constitutions can also be altered through judicial interpretation, new constitutional conventions, political adaptation, disuse, and irregular means. Judicial interpretation, in particular, has played a significant role in changing and expanding the US Constitution. This process involves judges and others who apply the constitution interpreting and applying existing laws in new ways, without formally changing the text.
One notable example of judicial interpretation in US history is the Marbury v. Madison case in 1803. In this case, the nation's fourth chief justice, John Marshall, established the power of the Court by asserting its right to declare acts of Congress unconstitutional. This case set a precedent for the Court to take an active role in interpreting the laws and actions of the other branches of government and ensuring their compliance with the Constitution.
Another example of judicial interpretation is the McCulloch v. Maryland case in 1823. This Supreme Court decision affirmed the federal government's right to take actions necessary and proper to meet the urgent needs of the nation, further solidifying the federal government's dominance over individual state governments.
In addition to these landmark cases, it is worth noting that the interpretation of existing laws has led to significant changes in the American political and legal system. For instance, the passage of the 16th Amendment in 1913 gave the government the power to collect income tax, effectively reversing the prohibition against direct tax included in Article I of the Constitution.
While judicial interpretation can lead to important constitutional changes, there is ongoing debate about its legitimacy. Some scholars argue that constitutional amendment questions are justiciable, while others emphasize the importance of a restrained judicial role. Additionally, there is a preference for formal amendments over informal changes to ensure democratic procedures are respected.
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The process of amendment
The last time the US Constitution was modified was on May 18, 1992, when the Archivist, for the first time, performed the duties of the certifying official for the 27th Amendment. This amendment, also known as the Congressional Compensation Act of 1789, states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred.
The authority to amend the US Constitution is derived from Article V of the Constitution. The Founding Fathers intended the document to be flexible to fit the changing needs and circumstances of the country. The process of amending the Constitution is a two-step process, designed to strike a balance between the excesses of constant change and inflexibility. An amendment may be proposed and sent to the states for ratification by either of the following means:
- The US Congress: whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval.
- A national convention: called by Congress on the application of the legislatures of two-thirds of the states (34 since 1959). This option has never been used.
Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The Archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution, and this certification is published in the Federal Register and US Statutes at Large. Since the early 20th century, Congress has occasionally stipulated a ratification deadline, usually within seven years from the date of submission to the states.
Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, with 17 of them being ratified by the states. The process of amending the Constitution is challenging and time-consuming, requiring a two-thirds majority in both houses of Congress and ratification by a significant number of states.
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Frequently asked questions
The last time the US modified the constitution was in 1978, when Wyoming ratified the Congressional Compensation Act of 1789, also known as the Twenty-seventh Amendment.
Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, and the states have ratified 17 of them. However, more than 11,000 amendments to the Constitution have been proposed, but only 27 have been ratified.
The Twenty-seventh Amendment states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred.
Some notable amendments to the US Constitution include the 13th, 14th, and 15th Amendments, also known as the Reconstruction Amendments. The 13th Amendment abolished slavery in the United States, the 14th Amendment extended citizenship to African Americans, and the 15th Amendment ensured voting rights for Black men. Another notable amendment is the 19th Amendment, which granted voting rights to women for the first time in 1920. Additionally, the 16th Amendment, passed in 1913, gave the government the power to collect income tax.
