Malcolm Rivera
The United States Constitution has been amended 27 times since it was first drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The process of amending the Constitution is deliberately difficult and time-consuming, requiring a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of state legislatures. Despite the high bar for success, several amendments stand out as significant milestones, including the 13th, 14th, and 15th Amendments, collectively known as the Reconstruction Amendments, which extended liberties and rights to formerly enslaved people.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified on December 15, 1791, and known as the Bill of Rights |
| Total number of proposed amendments | 33 |
| Amendments that failed | 6 |
| Amendments pending | 4 |
| Amendments that require ratification by three-fourths of the states | 38 out of 50 states |
| Amendments proposed by constitutional convention | 0 |
| Average number of proposed amendments during each two-year term of Congress | 200 |
| Number of proposed amendments that received a vote by the full House or Senate since 1999 | 20 |
| Last amendment to gain two-thirds support in both the House and the Senate | District of Columbia Voting Rights Amendment in 1978 |
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What You'll Learn
The US Constitution has been amended 27 times
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 both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. However, no amendments have been proposed by constitutional convention so far. Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States is responsible for administering the ratification process, and an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
Since 1789, there have been approximately 11,848 proposals to amend the Constitution. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, most of these proposals do not make it out of congressional committees. In recent decades, none of the proposed amendments have become part of the Constitution. The last time a proposal gained the necessary two-thirds support in both the House and the Senate was in 1978, for the District of Columbia Voting Rights Amendment.
Some notable amendments include the 13th, 14th, and 15th amendments, collectively known as the Reconstruction Amendments, and the 21st Amendment, which repealed the 18th Amendment and ended prohibition. More recently, amendments have been adopted to give women the right to vote, abolish poll taxes, and lower the minimum voting age to 18.
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The first 10 amendments are known as the Bill of Rights
The first ten amendments to the United States Constitution, ratified on December 15, 1791, are collectively known as the Bill of Rights. The amendments were proposed by James Madison, then a member of the U.S. House of Representatives, to address the objections raised by Anti-Federalists following the often bitter 1787–88 debate over the ratification of the Constitution. Madison's original changes to the Constitution were met with resistance from several representatives, led by Roger Sherman, who objected on the grounds that Congress had no authority to change the wording of the Constitution. As a result, Madison's changes were reframed as a list of amendments that would follow Article VII.
The Bill of Rights was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. The amendments 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.
The first ten amendments also include explicit limitations on the government's power in judicial and other proceedings, declaring that all powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. These amendments were necessary to limit federal power, as Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments.
The Bill of Rights had little judicial impact during the first 150 years of its existence. This has been attributed to three factors: the time it took for a "culture of tolerance" to develop in support of the Bill's provisions, the Supreme Court's focus on intergovernmental power balances in the 19th century, and the initial restriction of the Bill's application to only the federal government. However, in the 20th century, most of the Bill's provisions were applied to the states via the Fourteenth Amendment, a process known as incorporation.
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Amendments are proposed by Congress or a constitutional convention
The United States Constitution outlines two methods for proposing amendments: through Congress or a constitutional convention. Amendments are successfully added to the Constitution when they are ratified by three-fourths of the states (38 out of 50).
Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not play a role in this process, and the joint resolution is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then creates an information package for the states, including formal copies of the joint resolution. Once the OFR receives 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. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with 33 amendments proposed and 27 ratified.
A constitutional convention, also known as an Article V Convention, is the second method authorized by Article Five of the Constitution. Two-thirds of the State legislatures (34 out of 50) must call for this convention, and the amendments become law only after ratification by three-fourths of the states. While there have been over 600 state constitutional conventions, no federal constitutional convention has ever been held, and none of the 27 amendments were proposed through this method.
The process of proposing amendments, whether through Congress or a constitutional convention, is a complex and meticulous procedure that involves multiple steps and stakeholders, including the Archivist of the United States, the Director of the Federal Register, and various dignitaries.
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Amendments require a two-thirds majority in both the House and Senate
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method, which has been used for all amendments so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in each house must vote in favour of the proposed amendment.
The second method, which has never been used, allows for a constitutional convention to be called by two-thirds of the state legislatures. This method bypasses Congress and allows the states to propose amendments directly. However, even with this method, the proposed amendment must still be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution.
Once an amendment is proposed, either by Congress or a constitutional convention, it is submitted to the states for their consideration. The proposed amendment, along with informational material, is sent to the governors of each state. The governors then formally submit the amendment to their state legislatures.
The process of amending the Constitution is deliberately rigorous and requires a strong consensus. This is to prevent constitutional provisions that are strongly opposed by a substantial minority from being enacted. As a result, it can be challenging to secure the necessary approval from both houses of Congress and a sufficient number of states.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. However, only 27 amendments have been successfully ratified and added to the Constitution. The last time a proposal gained the required two-thirds support in both the House and the Senate was in 1978 for the District of Columbia Voting Rights Amendment.
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The Archivist of the US certifies that an amendment is valid
The process of amending the US Constitution is outlined in Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States is responsible for administering the ratification process. The Archivist of the United States heads the National Archives and Records Administration (NARA) and delegates many of the duties associated with this function to the Director of the Federal Register.
When an amendment is sent to the states for ratification, the Archivist of the United States is responsible for managing the process. Once an amendment has been properly ratified, the Archivist issues a certificate, proclaiming that the amendment has become an operative part of the Constitution. The 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.
The Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their 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 dignitaries, including the President on some occasions.
The 27th Amendment, ratified in 1992, is the only constitutional amendment to be certified by the Archivist of the United States, Don W. Wilson. The amendment limits Congress's ability to change its pay until the next term. Wilson's certification was somewhat controversial due to the 203-year gap between the amendment's proposal and ratification. Despite this, Congress passed resolutions validating the amendment, and it has since been recognised as part of the Constitution.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
The first 10 amendments were adopted and ratified at the same time and are collectively known as the Bill of Rights.
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It then needs to be ratified by three-fourths of the states.
Yes, the 21st Amendment, ratified in 1933, repealed the 18th Amendment, which had established the prohibition of alcohol.
The 13th, 14th, and 15th amendments are known as the Reconstruction Amendments.
