Omar Bennett
The United States Constitution has been amended 27 times since it was first drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution and requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional 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 of 50 states) to become part of the Constitution. This rigorous amendment process was designed to ensure the longevity of the Constitution while also allowing for necessary changes. Despite the large number of proposals introduced in Congress, only a small fraction have successfully become amendments to the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | Approximately 11,848 |
| Number of amendments in the Bill of Rights | 10 |
| Number of amendments known as the Reconstruction Amendments | 3 (13th, 14th, and 15th) |
| Number of unratified amendments | 6 |
| Number of unratified amendments that are still pending | 4 |
| Ratification process administrator | Archivist of the United States |
| Ratification | By three-fourths of the states (38 of 50 states) |
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What You'll Learn
The challenging process of amending the US Constitution
The United States Constitution was designed to be a durable framework for governance, with a challenging amendment process to ensure its longevity. Amending the Constitution is a difficult and time-consuming endeavour, as the framers intended. Since its drafting in 1787, there have been only 27 successful amendments, the first 10 of which were ratified simultaneously as the Bill of Rights in 1791.
The two-step process for amending the Constitution is outlined in Article V of the Constitution. Firstly, an amendment must be proposed. This can occur through one of two methods: a two-thirds majority vote in both the House of Representatives and the Senate of Congress, or a constitutional convention called for by two-thirds of state legislatures. Despite being a viable option, no amendments have ever been proposed through a constitutional convention. Once proposed, the amendment is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The second step of the amendment process is ratification. An amendment must be ratified by three-fourths of state legislatures (38 out of 50 states) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and, upon completion, issues a certificate proclaiming the amendment's validity. The certification is published in the Federal Register, marking the amendment process's conclusion.
The challenging nature of the amendment process is evident in the high number of unsuccessful attempts. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with only 27 amendments ratified. This difficulty acts as a safeguard, ensuring that amendments are reserved for significant issues impacting all Americans or securing citizens' rights. While the process is deliberately onerous, it also ensures that the Constitution remains a stable and enduring framework for the nation's governance.
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Amendments proposed and ratified by Congress
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 intentionally difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures (38 out of 50 states).
The First Congress of the United States proposed 12 amendments to the Constitution on September 25, 1789. Ten of these proposed amendments were ratified on December 15, 1791, and constitute the first 10 amendments of the Constitution, known as the Bill of Rights. These amendments include guarantees of freedom of speech, freedom of religion, the right to bear arms, and protection against unreasonable searches and seizures.
In 1992, 203 years after it was first proposed, Article 2 of the 1789 proposed amendments was ratified as the 27th Amendment to the Constitution. The remaining Article, Article 1, has never been ratified.
The process of amending the Constitution has remained consistent, with the Archivist of the United States and the Director of the Federal Register playing key roles in administering the ratification process. In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
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The role of the President in the amendment process
The President of the United States does not have a constitutional role in the amendment process. The Constitution outlines that 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 the State legislatures. As such, the joint resolution does not go to the White House for signature or approval.
Despite this, there have been instances of Presidents playing an informal, ministerial role in the amendment process. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson, for instance, signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, 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 associated duties to the Director of the Federal Register. Once a proposed amendment is passed by two-thirds of both houses of Congress, it is then ratified by the legislatures of three-fourths of the states (38 of 50 States).
The original document is forwarded directly to NARA's 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 the statutory procedure for ratification. The Archivist then submits the proposed amendment to the States for their consideration.
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The Archivist's duty in the certification of amendments
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives. Once a proposed amendment is passed by two-thirds of both houses of Congress and ratified by three-fourths of the states, the Archivist is charged with responsibility for administering the ratification process. The Archivist does not make any substantive determinations as to the validity of state ratification actions. However, the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
The 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. 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.
The Archivist's certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed. The signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. The Archivist also has duties concerning the custody of Electoral College documents, such as certificates of ascertainment declaring the names of the presidential electors chosen in each state. In practice, these administrative responsibilities are delegated to the Director of the Federal Register.
In addition to their role in the amendment process, the Archivist of the United States also receives the original version of all statutes of the United States once enacted. The Archivist maintains custody of state ratifications of amendments to the Constitution and issues a certificate proclaiming a particular amendment duly ratified and part of the Constitution if the legislatures of at least three-quarters of the states approve the proposed amendment.
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The number of amendments to the Constitution
The Constitution of the United States has been amended 27 times since it was drafted in 1787. 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 and is deliberately difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. Then, it must be ratified by three-fourths of the state legislatures (38 of 50 states).
The process of amending the Constitution has been utilised on numerous occasions, with approximately 11,848 proposals introduced in Congress since 1789. However, the high bar set for amendments has ensured that only significant changes affecting all Americans or securing citizens' rights have been successful. The last amendment to the Constitution, the 27th Amendment, was certified in 1992.
The 27 amendments to the Constitution cover a range of topics, including the Bill of Rights, which establishes fundamental freedoms and protections for individuals, and the Reconstruction Amendments (the 13th, 14th, and 15th Amendments), which abolished slavery and guaranteed citizenship and equal protection under the law for all persons born or naturalised in the United States.
While there have been no successful amendments since 1992, proposals continue to be introduced. Some recent proposals include an amendment to outlaw flag burning and an amendment to establish a balanced budget. Additionally, there have been calls for a Constitutional Convention to propose amendments, though this has never occurred. The difficulty of the amendment process ensures that any changes to the Constitution are carefully considered and broadly supported by the American people.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived 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.
The Archivist of the United States is responsible for administering the ratification process. Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Out of these, 27 amendments have been successfully ratified and are now part of the Constitution.
After an amendment is proposed by Congress, it is sent to the states for ratification. Once ratified by the requisite number of states, the Archivist issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
