Jonah Patel
The amendments to the United States Constitution can be found in Article Five, which outlines a two-step process for making changes to the nation's plan of government. 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. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. Since the Constitution was put into operation on March 4, 1789, there have been 27 successful amendments, with approximately 11,848 proposals introduced in Congress.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 33 |
| Number of amendments ratified | 27 |
| First 10 amendments | Ratified December 15, 1791 |
| Known as | The Bill of Rights |
| Amendments 13, 14, and 15 | Reconstruction Amendments |
| Amendments proposed by | The US Congress |
| Amendments proposed through | A national convention |
| Number of states required for ratification | 38 |
| Number of amendments proposed since 1789 | 11,848 |
| Average number of amendments proposed by members of the House and Senate per two-year term of Congress | 200 |
| Amendments with necessary two-thirds support since 1978 | District of Columbia Voting Rights Amendment |
| Amendments with President as witness | 24th, 25th, and 26th |
| Amendment that repealed an earlier one | 21st Amendment |
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What You'll Learn
The process of amending the Constitution
The United States Constitution outlines a two-step process for amending the nation's plan of government, as per Article Five. Amendments must be proposed and ratified before becoming operative. This process aims to balance the need for change with stability.
An amendment can be proposed in two ways: by a two-thirds majority vote in both the Senate and the House of Representatives of Congress, or by a national convention called by Congress upon the request of two-thirds of state legislatures (34 states). This second option has never been used.
Once proposed, an amendment is sent to the states for ratification. It must be ratified by three-fourths of the states (38 states) through their legislatures or state ratifying conventions. The Archivist of the United States administers the ratification process, and upon successful ratification, issues a certificate confirming the amendment's inclusion in the Constitution.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of Congress typically proposing around 200 amendments during each two-year term. However, only 33 amendments have been proposed to the states, with 27 successfully ratified and becoming part of the Constitution.
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The ratification of amendments
The process of amending the US Constitution is outlined in Article Five of the Constitution. This two-step process requires amendments to be proposed and ratified before becoming operative. This process is designed to balance the need for change with the need for stability. Amendments can be proposed by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress upon application by two-thirds of state legislatures.
Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This involves following established procedures and customs previously performed by the Secretary of State and the Administrator of General Services.
For an amendment to be ratified, it must be approved by three-fourths of the states (38 out of 50 states). This can be achieved through state ratifying conventions or by the legislatures of three-fourths of the states. Once an amendment is ratified by the required number of states, the Archivist issues a certificate, proclaiming that the amendment has become an operative part of the Constitution.
Since the Constitution was put into operation in 1789, 33 amendments have been proposed and sent to the states for ratification. Twenty-seven of these amendments have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
The process of amending the Constitution allows for necessary changes while ensuring a stable framework of government. The ratification process, administered by the Archivist of the United States, provides a structured approach to incorporating amendments into the nation's governing document.
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Amendments proposed by Congress
The process of amending the United States Constitution is outlined in Article Five of the Constitution. It is a two-step process that requires amendments to be properly proposed and ratified before becoming operative. Amendments can be proposed and sent to the states for ratification by the U.S. Congress, provided there is a two-thirds majority in both the Senate and the House of Representatives.
Since 1789, Congress has proposed 33 amendments to the Constitution, 27 of which have been ratified by the requisite number of states and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified in 1791. These amendments cover a range of topics, including the right to security in persons, houses, papers, and effects, the right to a trial by jury, and the prohibition of cruel and unusual punishments.
Some notable amendments proposed by Congress but not ratified by the required number of states include:
- The Dueling Ban Amendment, proposed in 1838 after a Representative killed another in a duel, which would have prohibited any person involved in a duel from holding federal office.
- An amendment abolishing the Senate, proposed by Representative Victor Berger in 1911 due to his belief that it was corrupt and useless.
- An anti-miscegenation amendment was proposed by Representative Seaborn Roddenbery, a Southern Democrat from Georgia, in 1912, to forbid interracial marriages nationwide.
- The Ludlow Amendment, proposed by Representative Louis Ludlow in 1937, would have significantly reduced America's ability to engage in war by requiring a national referendum to confirm any declaration of war.
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Amendments that have failed
Amendments to the United States Constitution must be proposed and ratified before becoming operative. Amendments can be proposed in two ways: by a two-thirds majority vote in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
Since the Constitution was enacted in 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these proposals have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
Six amendments have failed to be ratified by the required number of states. Four of these amendments are still pending, while two have failed by their own terms or the terms of the resolution proposing them.
- The Corwin Amendment, which has a unique history as one of the failed amendments.
- A proposal by Representative Wesley Lloyd of Washington in 1933 to outlaw millionaires and apply income in excess of $1 million to the national debt.
- Following the contested Hayes-Tilden presidential election in 1876, Augustus Wilson asked Congress to eliminate the office of President and replace it with a three-person Roman-style triumvirate.
- In 1876, residents of Potter County, Pennsylvania, requested an amendment to eliminate the Senate and the Presidency due to their dissatisfaction with the Senate for prioritizing the interests of the wealthy.
- A proposal to rename the United States as "the United States of the Earth," reflecting the idea of manifest destiny worldwide, was introduced by U.S. House Representative Lucas Miller in 1893.
- An amendment to regulate marriage and divorce was introduced annually in Congress for about 60 years, starting in the 1880s.
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The Bill of Rights
The first Congress of the United States initially proposed 12 amendments, but only 10 were ratified by three-fourths of the state legislatures. The ratified articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the US Bill of Rights. Article 2 was ratified as the 27th Amendment in 1992, and Article 1 was never ratified.
- Freedoms, Petitions, Assembly (1st Amendment)
- Right to bear arms (2nd Amendment)
- Quartering of soldiers (3rd Amendment)
- Search and arrest (4th Amendment)
- Rights in criminal cases (5th Amendment)
- Right to a fair trial (6th Amendment)
- Rights in civil cases (7th Amendment)
- Bail, fines, punishment (8th Amendment)
- Rights retained by the People (9th Amendment)
- States' rights (10th Amendment)
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Frequently asked questions
The US Constitution is composed of 27 amendments, the first 10 of which are known as the Bill of Rights. These can be found on constitution.gov under the heading "Constitution Annotated".
The authority to amend the Constitution comes from Article V of the Constitution. An amendment may 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. Once an amendment is proposed, the Archivist of the United States administers the ratification process. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states) within seven years of being submitted to the states.
The Bill of Rights refers to the first 10 amendments to the US Constitution, which were ratified on December 15, 1791.
Examples of amendments to the Constitution include the 1st Amendment (Fundamental Freedoms), the 2nd Amendment (Right to Bear Arms), the 13th Amendment (Abolition of Slavery), and the 18th Amendment (Prohibition of Liquor).
Since the Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Of these, 27 have been ratified by the requisite number of states and are now part of the Constitution.
