Jonah Patel
The amendments to the United States Constitution are located in the National Archives. There have been 27 amendments to the Constitution, with 33 proposed by the United States Congress. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution is outlined in Article V of the Constitution, with Congress proposing amendments and the Archivist of the United States administering the ratification process. The Archivist sends proposed amendments to the states for consideration, and upon ratification, an amendment becomes an official part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of Amendments proposed by the United States Congress | 33 |
| Number of Amendments ratified by the requisite number of states | 27 |
| Number of Amendments pending | 4 |
| Number of Amendments closed | 2 |
| First 10 Amendments | Known as the Bill of Rights |
| 13th, 14th, and 15th Amendments | Reconstruction Amendments |
| Amendment that repealed an earlier one | 21st Amendment |
| Amendment that repealed | 18th Amendment |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | 11,848 (as of January 3, 2019) |
| Number of proposals typically introduced during each two-year term of Congress | 200 |
| Number of Amendments to the Constitution | 27 |
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What You'll Learn
The process of amending the US Constitution
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The process of amending the US Constitution is laid out by the US Constitution itself, specifically in Article V of the Constitution.
The second step involves notifying the states of the proposed amendment. The amendment is sent to the governor of every state.
The third step is the ratification of the amendment by the states. States vote on whether to ratify the amendment in their state legislatures or may be required to call special ratification conventions. An amendment must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
The fourth and final step involves tracking the progress of the ratification process. The Office of the Federal Register at the National Archives keeps track of how the states vote. Once the required number of states have ratified the amendment, the Archivist of the United States issues a certificate proclaiming that the amendment has become an operative 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 has been completed.
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The Bill of Rights
The United States Constitution is composed of the Preamble, seven articles, and 27 amendments. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and form the foundation of individual freedoms and rights in the United States. These amendments were proposed and ratified simultaneously, and they serve as a safeguard against governmental abuse of power, guaranteeing essential civil liberties for all citizens.
Additionally, the Ninth Amendment ensures that the enumeration of certain rights in the Constitution does not diminish other retained by the people, while the Tenth Amendment clarifies that powers not delegated to the federal government are reserved for the states or the people. These amendments were designed to protect the rights of individuals and limit the power of the federal government, reflecting the Founding Fathers' commitment to creating a nation founded on liberty and justice.
The process of amending the Constitution is outlined in Article V of the document. 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. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959). This can be achieved through ratification by state legislatures or state ratifying conventions. The process is overseen by the Archivist of the United States, who administers the ratification process and issues a certificate when an amendment becomes operative.
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Amendments to the Constitution
The United States Constitution, which begins with the words "We the People," is composed of a preamble, seven articles, and 27 amendments. The authority to amend the Constitution is derived from Article V of the Constitution. 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. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once an amendment is proposed by Congress, it is submitted to the states for ratification.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959). This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The process of administering the ratification is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register for examination and acknowledgment.
In the absence of a specified deadline, an amendment can remain pending indefinitely and be ratified long after being proposed. Congress has, on several occasions, stipulated that an amendment must be ratified within seven years of its submission to the states. The Supreme Court affirmed Congress's authority to set a ratification deadline in Coleman v. Miller (1939). Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress.
The first 10 amendments to the Constitution, ratified on December 15, 1791, are collectively known as the Bill of Rights. These amendments include fundamental rights and freedoms, such as freedom of speech, religion, and the right to keep and bear arms. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, addressed issues related to slavery, citizenship, and voting rights. The 21st Amendment, ratified in 1933, is unique as it repealed the 18th Amendment, ending prohibition. The 27th Amendment, the most recently ratified amendment, was proposed in 1789 but did not become part of the Constitution until 1992.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role of the Archivist is to supervise and direct the National Archives, preserving government records and making them accessible to the public. The Archivist is responsible for the custody and administration of important documents, including joint resolutions and acts of Congress signed into law by the President, as well as Electoral College documents during United States presidential elections.
The Archivist plays a crucial role in the constitutional amendment process. When a constitutional amendment is sent to the states for ratification, the Archivist is responsible for administering this process. Once an amendment is duly ratified by the requisite number of states, the Archivist issues a certificate proclaiming it as an operative part of the Constitution. The Archivist maintains custody of state ratifications and ensures the publication of the amendment and its certificate in the Federal Register.
The position of Archivist is appointed by the President of the United States. The first Archivist, R.D.W. Connor, began serving in 1934 when the National Archives was established as an independent federal agency by Congress. Over time, the role has been filled by various individuals, with the current Archivist being Dr. Colleen Shogan, who assumed office in May 2023. Shogan is the 11th Archivist and the first woman to permanently hold this position.
The National Archives employs approximately 3,000 individuals across 36 facilities in the United States. These employees include archivists, archives technicians, conservators, and records managers, all working together to preserve and provide access to the nation's historical records. Volunteers also play a significant role in assisting archivists and engaging the public through tours and other activities.
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Ratification by state legislatures
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. The process begins with a proposal by Congress, which must be approved by a two-thirds majority vote in both the House of Representatives and the Senate. Once 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 submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with informational material. The governors then formally submit the amendment to their state legislatures or call for a state convention, depending on what Congress has specified. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959). This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
State legislatures play a crucial role in the ratification process. Upon receiving a proposed amendment from the governor, they deliberate and vote on whether to ratify it. Each state legislature's process may vary, but ultimately, their decision carries significant weight in determining whether an amendment will become part of the Constitution. In some cases, state legislatures have taken action on a proposed amendment even before receiving official notification, highlighting the importance they place on their role in the ratification process.
The ratification process for an amendment can be complex and vary across states. While most amendments have been ratified by state legislatures, the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended prohibition, is the only amendment to date that has been ratified through state conventions. This unique case demonstrates the flexibility built into the ratification process, allowing states to choose the method that best suits their preferences and circumstances.
In conclusion, the ratification of amendments by state legislatures is a fundamental aspect of the U.S. constitutional amendment process. It ensures that any changes to the Constitution reflect the will and consent of the states, upholding the principles of federalism and representative democracy that underpin the nation's governance.
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Frequently asked questions
The amendments are located in the Constitution of the United States.
There have been 27 amendments to the Constitution, with 33 proposed by the United States Congress.
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 the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
