Simone Lawson
The process of amending the US Constitution is detailed in Article Five of the US Constitution. Amendments must be proposed and ratified before becoming operative. Amendments can be proposed by the US Congress, requiring a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress upon application by two-thirds of the states. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, either through state legislatures or state ratifying conventions. Since the Constitution came into operation on March 4, 1789, there have been 27 amendments, with 33 proposed. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791, and include protections for freedom of speech, freedom of religion, and the right to bear arms.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed to the Constitution | 33 |
| Number of amendments ratified | 27 |
| Number of amendments proposed by the First Congress of the United States | 12 |
| Date the First Congress of the United States proposed 12 amendments | September 25, 1789 |
| Number of amendments proposed by the House | 17 |
| Number of amendments approved by the Senate | 12 |
| Number of amendments approved by the House and sent to the states | 10 |
| Number of amendments that constitute the Bill of Rights | 10 |
| Date the Bill of Rights was ratified | December 15, 1791 |
| Number of amendments that are still pending | 4 |
| Number of amendments that failed | 2 |
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What You'll Learn
The Bill of Rights
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these amendments were ratified by three-fourths of the state legislatures on December 15, 1791. These ratified amendments constitute the first 10 amendments of the Constitution, or the US Bill of Rights.
The first ten amendments outline specific guarantees of personal freedoms, such as freedom of speech, freedom of religion, freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances. The amendments also include the right to bear arms and the right to be free from unreasonable government intrusion in citizens' homes.
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State ratification conventions
The United States Constitution outlines a two-step process for making amendments. Firstly, an amendment must be proposed, and secondly, it must be ratified. Amendments can be proposed by the US Congress, when a two-thirds majority in both the Senate and the House of Representatives agree, or by a national convention called by Congress, on the request of two-thirds of state legislatures.
Once an amendment has been proposed, it must be ratified by three-fourths of the states (38 states since 1959) to become part of the Constitution. This can be done by either the state legislatures or by state ratifying conventions.
State ratifying conventions are an alternative route for ratifying amendments, allowing for a more direct reflection of the popular will. This method loosely approximates a one-state, one-vote national referendum, allowing the sentiments of registered voters to be felt on highly sensitive issues. The theory is that delegates of conventions, as average citizens, are less likely to bow to political pressure.
The process of selecting delegates and conducting state ratifying conventions is not prescribed by the Constitution or Supreme Court precedent. In New Mexico, the governor has 10 days to call a convention, which is formed by all members of the state legislature. In Vermont, the governor has 60 days to call for the election of delegates, with 14 members in the state convention, two from each county.
The Twenty-First Amendment, ratified in 1933, is the only amendment to have been ratified through state ratifying conventions. This amendment repealed the Eighteenth Amendment, which had established the prohibition of alcohol.
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Congress proposes amendments
The United States Constitution outlines a two-step process for proposing and ratifying amendments, as detailed in Article Five. Amendments can be proposed by the US Congress or a national convention called by Congress. Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Collectively, members of the House and Senate propose around 200 amendments during each two-year term of Congress. However, most of these proposals do not make it past the congressional committees. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
Once an amendment is proposed by Congress, it is sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states by sending a letter of notification to each state governor, along with informational material.
The states can then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When an amendment is ratified, the state sends the Archivist an original or certified copy of the state action. The Director of the Federal Register examines the ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody.
To date, 27 amendments to the Constitution have been ratified and added to the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
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The Archivist of the United States
The process of amending the Constitution is deliberately designed to be a thoughtful and deliberate endeavour. By requiring a two-thirds majority in both the Senate and the House of Representatives to propose an amendment, the framers of the Constitution sought to prevent hasty or impulsive changes. This safeguard ensures that any proposed amendment has strong support and is carefully considered before being sent to the states for ratification.
The role of the Archivist of the United States in this process is, therefore, of utmost importance. They are responsible for overseeing the ratification process, ensuring it adheres to the established procedures and requirements. The Archivist's involvement adds a layer of diligence and scrutiny to the amendment process, further safeguarding the integrity of the Constitution.
Throughout history, there have been numerous proposals to amend the Constitution. Since 1789, approximately 11,848 proposals have been introduced in Congress, with members of the House and Senate typically proposing around 200 amendments during each two-year term. However, only a small fraction of these proposals have become part of the Constitution, underscoring the rigorous nature of the amendment process.
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Amendments to limit government power
The process of amending the US Constitution involves two steps: proposing and ratifying. Amendments to the Constitution are 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 called by Congress on the application of two-thirds of state legislatures can also propose amendments, although this method has never been used. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states.
The first ten amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791. These amendments were proposed by James Madison, then a member of the US House of Representatives, and intended to safeguard individual liberty and limit government power. The Tenth Amendment, in particular, is aimed at limiting federal government power. It states that any powers not delegated to the federal government are reserved for state and local governments. This amendment was designed to address the concerns of Anti-Federalists, who wanted power to remain with state and local governments.
The Tenth Amendment has been interpreted by the Supreme Court as a truism, with the ruling in United States v. Sprague (1932) stating that it "added nothing to the [Constitution] as originally ratified." However, it has been invoked in attempts to challenge various federal regulations, particularly in areas like labor and environmental controls. The amendment also played a role in the Supreme Court's decision in United States v. Lopez (1995), where a federal law mandating a "gun-free zone" on and around public school campuses was struck down as the Court ruled that the federal government did not have the authority to enact such a law.
In addition to the Tenth Amendment, other amendments have also played a role in limiting government power. The First Amendment protects freedom of speech, religion, and the right to bear arms, while also ensuring due process and trial by jury. The Second Amendment, although repealed in 1933 by the Twenty-first Amendment, established the prohibition of alcohol, demonstrating the power of amendments to shape and limit government policies.
The process of amending the Constitution allows for a balance between the need for change and stability. While approximately 11,848 proposals have been introduced in Congress since 1789, only 27 amendments have been successfully ratified and incorporated into the Constitution.
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Frequently asked questions
33 amendments to the Constitution of the United States have been proposed by the United States Congress.
27 amendments have been ratified.
Amendments must be proposed and ratified before becoming operative. An amendment may be proposed by the U.S. Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
James Madison wrote the Bill of Rights, which makes up the first ten amendments to the Constitution.
