Jonah Patel
The United States Constitution, beginning with the words We the People, is composed of the Preamble, seven articles, and 27 amendments. 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. An amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50). This process has been witnessed by various dignitaries, including the President, and the certification is published in the Federal Register.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
| Second Amendment | A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. |
| Amendment Process | Proposed by Congress in the form of a joint resolution |
| Ratified by three-fourths of the States (38 out of 50) | |
| Certified by the Archivist of the United States | |
| Published in the Federal Register and U.S. Statutes at Large | |
| Notable Amendments | 21st Amendment: Repealed the 18th Amendment, ending prohibition |
| 13th Amendment: Passed by Congress on January 31, 1865 |
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What You'll Learn
The US Constitution is amendable only by sovereign power
The US Constitution is a living document that can be amended, but only through a specific process that resides with the sovereign power, as outlined in Article V. This article sets out the two exclusive methods by which the Constitution may be altered, and these methods require the consent of the states.
The first method, which has been used for all amendments so far, is through a proposal by Congress. For this to happen, a proposed amendment must gain a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states, where it must be ratified by three-quarters of the state legislatures, or by special ratifying conventions in three-quarters of the states, to become an official amendment. This process ensures that any amendment has broad support across the country and is not just the will of a simple majority.
The second method outlined in Article V has never been used. This method allows for amendments to be proposed by a national convention, called at the request of two-thirds of the state legislatures. Any amendments proposed by this convention would still need to be ratified by three-quarters of the states to become part of the Constitution. This method gives the states a direct role in initiating changes to the Constitution and acts as a check on the power of the federal government.
The requirement for supermajorities in both proposal and ratification processes makes amending the Constitution a deliberately difficult and rare occurrence. This protects the foundational principles of the nation from being easily altered, ensuring stability and continuity. It also means that any changes that are made have broad support and are not just the result of transient political shifts. This amendment process is a key feature of the US constitutional system, providing a mechanism for change while also preserving the enduring nature of the Constitution.
The US Constitution's amendment process is a unique feature of American democracy, allowing the nation to adapt to changing circumstances while preserving the core principles of the founding document. This delicate balance between flexibility and stability has helped the Constitution endure as the supreme law of the land for over two centuries. The amendment process is a testament to the framers' foresight in creating a system of government that could evolve with the nation while maintaining its fundamental ideals.
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Amendments are proposed by Congress
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments are proposed by Congress in the form of a joint resolution. This joint resolution does not require the signature or approval of the President. The original document is sent to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then publishes the joint resolution in slip law format and creates an information package for the States. This package includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
The process of amending the Constitution is deliberately challenging. The framers of the Constitution intended to make it difficult to change, but not so difficult that it became an inflexible instrument of government. As a result, a less stringent process for amending the Constitution was established in Article V. Amending the Constitution is a two-step process, with proposals requiring proper adoption and ratification before becoming operative.
Since 1789, Congress has sent 33 constitutional amendments to the states for ratification, with 27 of them being ratified. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Some notable examples of proposed amendments that were not approved by Congress include the amendment abolishing the Senate proposed by Representative Victor Berger in 1911, and the Dueling Ban Amendment proposed in 1838 after a duel between two Representatives resulted in one's death.
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Amendments are ratified by three-fourths of the States
The process of amending the Constitution of the United States is derived from Article V of the Constitution. Amendments to the Constitution can be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a 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. This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The process of ratification involves the Archivist delegating duties to the Director of the Federal Register, who follows established procedures and customs. The OFR, a part of NARA, plays a crucial role in processing and publishing the proposed amendment, adding legislative history notes, and preparing information packages for the states. The OFR verifies the receipt of authenticated ratification documents from the states and drafts a formal proclamation for the Archivist to certify the amendment's validity.
The certification ceremony has, in recent history, become a ceremonial function attended by dignitaries, including the President on certain occasions. This certification is then 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.
Since 1789, there have been 27 amendments to the Constitution, with 33 amendments proposed by Congress and sent to the states for ratification. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified by state ratifying conventions in three-fourths of the states. It is also the only amendment that explicitly repeals an earlier one, the Eighteenth Amendment, which established the prohibition of alcohol.
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The first 10 amendments are known as the Bill of Rights
The first ten amendments to the US Constitution, ratified on December 15, 1791, are collectively known as the Bill of Rights. The amendments were written by James Madison, who was then a member of the US House of Representatives, to limit government power and protect individual liberties. Madison altered the text of the Constitution where he saw fit, but several representatives objected, saying that Congress had no authority to do so. Thus, Madison's changes were presented 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 protect individual freedoms and limit government power by safeguarding freedoms such as freedom of speech, freedom of religion, and the right to bear arms, while ensuring protections such as due process and trial by jury.
The First Amendment prohibits Congress from making laws establishing a religion or abridging freedom of speech. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Ninth Amendment states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage other rights retained by the people. The Tenth Amendment reserves powers not delegated to the federal government to the states or the people.
The Bill of Rights is one of the three founding documents of the United States and is considered an essential part of the US Constitution. It has been on permanent display in the Rotunda of the National Archives Building in Washington, D.C., since its proposal by Congress on September 25, 1789.
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The President does not have a constitutional role in the amendment process
The process of amending the US Constitution is outlined in Article V, and it does not include a role for the President. The President's absence from the amendment process is a notable feature of the US constitutional design.
The amendment process is a collaborative effort involving Congress and the state legislatures, with the following steps:
- Proposal: Amendments can be proposed by a two-thirds vote of both houses of Congress or by a constitutional convention called for by two-thirds of the state legislatures. The President has no role in initiating this process.
- Ratification: If an amendment is proposed by Congress, it must then be ratified by the legislatures of three-quarters of the states to become part of the Constitution. Alternatively, if a constitutional convention proposes an amendment, it must be ratified by special ratifying conventions in three-quarters of the states. The President has no authority to influence or veto this ratification process.
The exclusion of the President from the amendment process was intentional and serves several purposes. Firstly, it reinforces the separation of powers by ensuring that the executive branch does not have direct influence over the structure and content of the Constitution. Secondly, it reflects the framers' intention to make the amendment process a deliberate and inclusive endeavour, requiring broad consensus across the nation.
By design, the amendment process is deliberately challenging, reflecting the framers' desire to create a stable and enduring constitution. The high thresholds required for proposing and ratifying amendments ensure that any changes to the Constitution reflect the will of a broad cross-section of the country. This design also recognises that the Constitution should be responsive to the needs and aspirations of the people, allowing for necessary changes over time.
In summary, the US Constitution's amendment process deliberately excludes the President, reinforcing the separation of powers and ensuring that any constitutional changes reflect a broad national consensus. This design strikes a balance between stability and responsiveness, creating a durable framework of government that can adapt to the evolving needs of the nation.
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Frequently asked questions
The Congress proposes an amendment in the form of a joint resolution. The joint resolution does not require the President's signature or approval and is sent directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then sends a letter of notification to each Governor, along with informational material regarding the proposed amendment. Once three-fourths of the States (38 out of 50) ratify the amendment, it becomes part of the Constitution.
The US Constitution is considered "rigid" because its provisions are written and cannot be changed as easily as ordinary laws. The British Constitution, for example, is unwritten and can be modified overnight by an act of Parliament.
There have been 27 amendments to the US Constitution, with the first 10 being ratified on December 15, 1791, and forming the Bill of Rights. The first amendment, for example, guarantees freedom of speech, freedom of the press, and the right to peaceably assemble. The 21st amendment, ratified on December 5, 1933, repealed the 18th amendment and ended the prohibition of intoxicating liquors.
