Eleanor Finch
The United States Constitution, composed of a preamble, seven articles, and 27 amendments, has been amended several times since it was enacted on March 4, 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Amendments to the Constitution 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, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). This process, derived from Article V of the Constitution, ensures that the Constitution remains a living document that can adapt to the changing needs of the nation.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Date of Ratification of the First 10 Amendments | December 15, 1791 |
| Authority to Amend | Article V of the Constitution |
| Amendment Proposal | 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 |
| Amendment Process | The Archivist of the United States administers the ratification process |
| Ratification | By three-fourths of the States (38 of 50 States) |
| Amendment Records | Stored in the National Archives for preservation |
Explore related products
What You'll Learn
The Bill of Rights
The United States Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, proposed in 1789 and ratified on December 15, 1791, are known as the Bill of Rights. The Bill of Rights was added to the Constitution because it lacked limits on government power. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
James Madison, then a member of the U.S. House of Representatives, altered the Constitution's text where he deemed appropriate. However, several representatives objected, arguing that Congress had no authority to change the Constitution's wording. As a result, 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. Ten of these 12 amendments were ratified by three-fourths of the state legislatures, constituting the first 10 amendments of the Constitution, or the U.S. 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 concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights, the Northwest Ordinance, the English Bill of Rights, and the Magna Carta. The Bill of Rights is one of three founding documents, strongly influenced by these sources.
The 20th Amendment: A Historic Addition to the Constitution
You may want to see also
Ratification by three-fourths of states
The United States Constitution, composed of the Preamble, seven articles, and 27 amendments, provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
Article V of the Constitution outlines the procedures for amending it. It specifies two methods for states to ratify amendments: through the legislatures of three-fourths of the states or by conventions in three-fourths of the states. The mode of ratification is determined by Congress. The first method requires three-fourths of the state legislatures to ratify an amendment, while the second method requires three-fourths of state ratifying conventions to approve a proposed amendment.
The process of ratifying an amendment involves the Governors formally submitting the amendment to their State legislatures or calling for a convention. Once a state ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist, in conjunction with the Director of the Federal Register, administers the ratification process by following established procedures and customs.
The Office of the Federal Register (OFR) plays a crucial role in the amendment process. It examines ratification documents for legal sufficiency and authenticity of signatures. Upon verification of the required number of authenticated ratification documents, the OFR 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 to Congress and the nation that the amendment process is complete.
The first 10 amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791. These amendments include fundamental rights and freedoms such as freedom of speech, freedom of religion, the right to bear arms, and protection against unreasonable searches and seizures. The process of ratifying amendments ensures that any changes made to the Constitution undergo a thorough review and receive broad support from a majority of states, solidifying the foundation of the nation's laws.
Amendment History: Second Amendment's Constitutional Past
You may want to see also
Congress proposes an amendment
The United States Constitution has 27 amendments, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The authority to amend the Constitution of the United States is derived from 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.
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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 of 50 states). The Archivist of the United States is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. Once an amendment is properly ratified, the Archivist issues a certificate proclaiming that it has become an operative 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.
Wisconsin Constitution: Amendments and Their Timing
You may want to see also
Explore related products
The Archivist's role
The Archivist plays a crucial role in the constitutional amendment process in the United States. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments. This responsibility is derived from Article V of the Constitution and is outlined in 1 U.S.C. § 106b.
When Congress proposes an amendment, the original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format, along with an information package for the states. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
The Archivist's specific duties include receiving and maintaining custody of ratification documents from the states. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The OFR examines these documents for facial legal sufficiency and authenticating signatures. The Archivist does not make substantive determinations on the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
After the OFR verifies the required number of authenticated ratification documents, the Archivist certifies 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 is complete. The signing of this certification has become a ceremonial function attended by dignitaries, including sometimes the President.
The Archivist has delegated many of the ministerial duties associated with the ratification process to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services before NARA assumed responsibility in 1985.
Amendment History: The 15th Amendment's Addition
You may want to see also
Amendments proposed by constitutional convention
The Amendments to the US Constitution are 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. This is derived from Article V of the Constitution.
The process of proposing Amendments by constitutional convention has never been used. Instead, 33 amendments have been proposed by Congress, with 27 of these being ratified by three-quarters of the States.
When an amendment is proposed, 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. The original document is sent directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format.
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 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, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50). The certification of the amendment is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and the Nation that the amendment process has been completed.
Illinois Constitution: Last Amendment and Its Date
You may want to see also
Frequently asked questions
There have been 27 amendments to the US Constitution.
The first 10 amendments are known as the Bill of Rights.
The authority to amend the Constitution comes from 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, the Archivist of the United States administers the ratification process. An amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50).
The Reconstruction Amendments are the 13th, 14th, and 15th amendments. The 21st Amendment repealed the 18th Amendment, ending the prohibition of alcohol. The 27th Amendment deals with Congressional compensation.
The full text of the Constitution and its amendments can be found on the website of the Library of Congress, under "Constitution Annotated".
