Simone Lawson
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The authority to amend the Constitution is derived from Article V of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution involves two steps: proposing and ratifying an amendment. 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.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | The Bill of Rights |
| Date of Ratification of the First 10 Amendments | December 15, 1791 |
| Total Number of Proposals to Amend the Constitution | ~11,848 |
| Number of Proposals Covered by Each Congress | ~200 |
| Last Proposal to Gain Necessary Two-Thirds Support | District of Columbia Voting Rights Amendment in 1978 |
| Authority to Amend the Constitution | Article V of the Constitution |
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What You'll Learn
Article V of the Constitution
Article V of the US Constitution outlines the process by which the Constitution may be amended. According to Article V, amendments to the Constitution may 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 state legislatures.
Once an amendment is proposed by Congress, it is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
If a constitutional convention is called for, the governors of the states involved formally submit the proposed amendment to their state legislatures. The state legislatures then vote on whether to ratify the proposed amendment. Whether an amendment is proposed by Congress or by a constitutional convention, it becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Instead, the Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. However, in recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
Since the founding of the United States, Congress has used the procedures outlined in Article V to propose 33 constitutional amendments, 27 of which have been ratified by the states. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The most recent amendment, the 27th Amendment, was ratified in 1992.
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The Archivist's role
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the administration of the preservation of government records, including the original Declaration of Independence, Constitution, and Bill of Rights. The Archivist's role in the constitutional amendment process is to administer the ratification process after Congress proposes an amendment.
The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Archivist and the Director follow procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility as an independent agency in 1985.
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 Office of the Federal Register (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. 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
The Archivist does not make any substantive determinations as to the validity of State ratification actions, but the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Ratification process
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments to the Constitution can be proposed in two ways: 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.
The President does not have a constitutional role in the amendment process, and the joint resolution does not require presidential approval. 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 has delegated many of the duties associated with this function to the Director of the Federal Register. The Archivist and Director follow procedures and customs established by the Secretary of State and the Administrator of General Services.
The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. 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 Office of the Federal Register (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-quarters of the States (38 out of 50). When 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. Notably, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
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Congress proposes an amendment
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then forwarded directly to the National Archives and Records Administration's (NARA) 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. An information package is also assembled for the states, including formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory process.
The Archivist of the United States, who heads the 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. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
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 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 out of 50 states). The OFR then 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 and serves as official notice to Congress and the nation that the amendment process is complete.
It is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. The President also does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
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Amendments become operative
The United States Constitution has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming. A proposed amendment must be passed by at least two-thirds of both houses of Congress and then ratified by the legislatures of at least three-fourths of the states (38 out of 50 states).
Once an amendment is passed by Congress, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also sends an information package to the states, including formal copies of the joint resolution.
When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state's action. The Archivist, who heads the 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 Director examines the 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.
Once the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the states), 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 is complete. The signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
The authority to amend the Constitution comes from Article V of the Constitution. Amendments must be properly proposed and ratified before becoming operative. 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.
The first 10 amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
The 27th Amendment is the most recent amendment to the Constitution. It was ratified on May 18, 1992.
