Malcolm Rivera
The United States Constitution has been amended 27 times, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Amendments must be properly proposed and ratified before becoming operative. This process is detailed in Article Five of the Constitution, which outlines a two-step process for amending the nation's plan of government. An amendment may be proposed and sent to the states for ratification by either a two-thirds majority vote in both the Senate and the House of Representatives or 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-quarters of the states.
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What You'll Learn
The US Constitution has 7 articles and 27 amendments
The US Constitution is a foundational document that establishes the structure and principles of the US government. It consists of an introductory section known as the Preamble, followed by seven articles, and has been further supplemented by 27 amendments. The seven articles of the US Constitution form the structural framework and were signed on September 17, 1787, and ratified on June 21, 1788. They outline the three branches of government: the legislative, executive, and judicial branches, and delineate their respective powers and responsibilities.
Article I focuses on the legislative branch, detailing the powers of Congress, including legislation, taxation, and the ability to declare war. Article II centres on the executive branch, outlining the powers and duties of the President, including the role as Commander-in-Chief and the ability to make treaties with the advice and consent of the Senate. Article III addresses the judicial branch, establishing the Supreme Court and empowering it to decide cases arising under federal law.
Article IV pertains to the relationships between states and the responsibilities of the federal government in ensuring harmony and protection of citizens' rights across state lines. Article V outlines the process for amending the Constitution, requiring proposals to be made by Congress or a national convention and subsequent ratification by three-fourths of the states. Article VI establishes the Constitution as the supreme law of the land and Article VII details the process of ratification for the Constitution itself.
The 27 amendments to the Constitution represent changes or additions to the original document. The first 10 amendments, collectively known as the Bill of Rights, were ratified on December 15, 1791, and include fundamental freedoms and protections for citizens, such as freedom of speech, the right to bear arms, and protection against unreasonable searches and seizures. The remaining 17 amendments were added over time to address specific issues, such as abolishing slavery (13th Amendment), establishing citizenship rights (14th Amendment), and limiting the President to two terms (22nd Amendment). The process of amending the Constitution ensures that it remains adaptable to the evolving needs and values of the nation.
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The first 10 amendments are known as the Bill of Rights
The United States Constitution has had 27 amendments, with 33 proposed by the United States Congress. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and are a critical component of the Constitution.
The Bill of Rights was added to the Constitution to address concerns about the limitations on government power and to safeguard individual liberties. James Madison, then a member of the U.S. House of Representatives, played a pivotal role in drafting these amendments. The amendments were influenced by documents such as the Virginia Declaration of Rights, the Magna Carta, and the English Bill of Rights.
The Bill of Rights encompasses a range of fundamental rights and freedoms. The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The Second Amendment protects the right to bear arms, while the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment ensures citizens' privacy and protection from unreasonable searches and seizures.
The Sixth Amendment provides additional protections for those accused of crimes, including the right to a speedy and public trial, an impartial jury, and legal representation. The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment. The Ninth Amendment underscores that the listing of specific rights in the Constitution does not negate other rights not explicitly mentioned. Lastly, the Tenth Amendment emphasizes federalism by stating that powers not delegated to the federal government are reserved for the states or the people.
The Final Step: Ratification to Amend US Constitution
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Article Five details the two-step process for amendments
Article Five of the United States Constitution outlines the two-step process for amending the nation's plan of government. This process involves proposing an amendment or amendments and then ratifying them. This two-step process was designed to balance the dangers of constant change with the need for flexibility.
An amendment can be proposed in two ways. Firstly, it can be proposed and sent to the states for ratification by the U.S. Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. This proposal requires a two-thirds vote in both the House and Senate, which is a vote of two-thirds of the members present, assuming a quorum exists. This is the only method used thus far.
The second method is that a national convention can be called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been used.
Once an amendment has been proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress: through the legislatures of three-fourths of the states (38 since 1959); or through ratifying conventions in three-fourths of the states. This second method has only been used once in American history, with the 1933 ratification of the Twenty-First Amendment. The vote of each state, to either ratify or reject a proposed amendment, carries equal weight, regardless of a state's population or length of time in the Union.
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. Twenty-seven of these 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 simultaneously. Six amendments have been adopted by Congress but have not been ratified by the required number of states. Four of these are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.
There is debate among legal scholars about whether Article Five is the exclusive means of amending the Constitution. Some argue that the Constitution could be amended unconsciously or unwittingly in a period of sustained political activity by a mobilized national constituency. Others argue that, while Article Five outlines the exclusive method for the government to amend the Constitution, it does not prevent the people themselves from exercising their legal right to alter or abolish the government outside of Article Five.
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Congress has proposed 33 amendments, 27 have been ratified
The Constitution of the United States has a two-step process for amendments, as outlined in Article Five. An amendment may be proposed and sent to the states for ratification by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives. Alternatively, a national convention can be called by Congress on the application of two-thirds of state legislatures. This has never been used.
Congress has proposed 33 amendments since the Constitution came into operation on March 4, 1789. Twenty-seven of these 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 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 is a delicate balance between allowing for necessary change and maintaining stability. Congress plays a key role in proposing and facilitating the ratification of amendments. However, it is important to note that the last time a proposal gained the required support for submission to the states was in 1978 for the District of Columbia Voting Rights Amendment.
The six unratified amendments include four that are still pending, one that failed by its terms, and another that failed by the terms of the resolution proposing it. An amendment can remain pending indefinitely without a ratification deadline. Congress has the authority to set a deadline, typically within seven years, for an amendment to be ratified by the required number of states.
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The 13th, 14th, and 15th amendments are the Reconstruction Amendments
The 13th, 14th, and 15th Amendments to the United States Constitution are collectively referred to as the Reconstruction Amendments. They were ratified between 1865 and 1870, following the Civil War and the assassination of Abraham Lincoln. The Reconstruction Amendments were essential to reuniting the country during Reconstruction, and they remain in use and frequently cited to this day.
The 13th Amendment abolished slavery in the entirety of the United States, granting Congress the right to enforce this with appropriate legislation. It also superseded a portion of Article IV, Section 2 of the Constitution.
The 14th Amendment ensured the Bill of Rights applied to all citizens of the United States, regardless of race, and guaranteed birthright citizenship, due process, and equal protection under the law. It modified Article I, Section 2 of the Constitution and eliminated the three-fifths rule in Article I, Section 2, Clause 3.
The 15th Amendment secured voting rights for Black men, making it illegal to refuse them the right to vote based on race or previous servitude.
The Reconstruction Amendments provided the constitutional basis for federal legislation such as the Civil Rights Acts of 1866 and 1875 and the Enforcement Acts of 1870-71, which aimed to end slavery, ensure full citizenship and civil rights for African Americans, and address violence and intimidation against them in the South.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with the first 10 being ratified on December 15, 1791, and known as the Bill of Rights.
Amendments are made through a two-step process outlined in Article Five of the US Constitution. An amendment can be proposed by Congress with a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. For an amendment to be ratified, three-fourths of states must approve it through their legislatures or special ratifying conventions.
Various parts of the US Constitution have been amended, including Article IV, Section 2, which was superseded by the 13th Amendment, and Article I, Section 2, which was modified by the 14th Amendment. Additionally, Article I, Section 3 was modified by the 17th Amendment, and the 22nd Amendment amended the Constitution regarding term limits for the President.
