Omar Bennett
The process of amending the US Constitution is detailed in Article Five of the document. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress in response to a request by two-thirds of state legislatures. This second option has never been used. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791, and form the basis of the Constitution. Since then, 27 amendments have been added, with the most recent being the 27th Amendment in 1992, 203 years after it was first proposed.
| Characteristics | Values |
|---|---|
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | ~11,848 |
| Average number of proposals introduced by members of the House and Senate during each two-year term of Congress | 200 |
| Date the First Congress of the United States proposed 12 amendments to the Constitution | September 25, 1789 |
| Date the first 10 amendments were ratified | December 15, 1791 |
| Date Amendment XI was passed by Congress | March 4, 1794 |
| Date Amendment XII was passed by Congress | December 9, 1803 |
| Date Amendment XVI was passed by Congress | July 2, 1909 |
| Date Amendment XVII was passed by Congress | May 13, 1912 |
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What You'll Learn
The US Congress initiates amendments
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified in 1791 and are known as the Bill of Rights. The process of amending the Constitution is outlined in Article Five of the document.
The proposed amendments are 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 governor along with informational material. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
The process of amending the Constitution is deliberately difficult and time-consuming. The framers intended for the Constitution to endure for ages, so they made the amendment process challenging. Members of the House and Senate propose around 200 amendments during each two-year term of Congress, but most do not become part of the Constitution.
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State ratifying conventions
The process of amending the US Constitution is detailed in Article Five of the United States Constitution. This two-step process involves proposing and ratifying amendments. Amendments can 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.
The convention method of ratification is an alternative to the state legislature method, allowing for a potential bypass of state legislatures. It approximates a one-state, one-vote national referendum, giving registered voters a more direct say on sensitive issues. The theory is that delegates to conventions are average citizens who are less likely to bow to political pressure. However, the United States Supreme Court has ruled that a popular referendum cannot substitute for a legislature or ratifying convention.
The process of convening ratifying conventions, selecting delegates, and conducting proceedings is not specified in the Constitution or by Supreme Court precedent. The method of ratification, whether by state legislature or convention, is determined by Congress. In New Mexico, the governor has 10 days to call a convention, which is formed by the members of the New Mexico 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.
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The Archivist of the US
The process of amending the US Constitution is a two-step procedure, as outlined in Article Five of the US Constitution. Amendments must be proposed and ratified before they can be enacted.
The US Congress typically initiates the amendment process by proposing an amendment with a two-thirds majority vote in both the Senate and the House of Representatives. The Archivist of the United States plays a crucial role in this process. When a proposed amendment is sent to the states for ratification, the Archivist is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. This involves ensuring that the amendment is ratified by three-fourths of the state legislatures, which is the required number for an amendment to become part of the Constitution.
Once an amendment has been properly ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution. This certificate serves as an official record, confirming that the amendment has been approved and is now part of the nation's supreme law.
Since the Constitution was enacted in 1789, there have been numerous proposals to amend it. Approximately 11,848 proposals have been introduced in Congress as of January 3, 2019, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. However, not all proposals are successful, and many fail to make it past the congressional committees. Out of all the proposals, only 33 amendments have been proposed by Congress and sent to the states for ratification. Of these, 27 have been successfully ratified and are now part of the Constitution.
The Archivist of the United States, through their role in the ratification process, helps ensure the integrity and legitimacy of constitutional amendments. By overseeing the process and issuing the official proclamation, the Archivist plays a vital role in maintaining the balance between the need for change and the stability of the nation's governing document.
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Two-step process for amendments
The process of amending the US Constitution involves two main steps: proposal and ratification. This two-step process is outlined in Article V of the US Constitution, which provides the framework for how amendments can be proposed and ratified.
Proposal
An amendment may be proposed and sent to the states for ratification in two ways. Firstly, by the US Congress, when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Secondly, by a national convention called by Congress, on the application of two-thirds of state legislatures. This second option has never been used.
Ratification
Once proposed, an amendment must go through the ratification process, which requires approval from three-fourths of the states (38 of 50 states). This can be achieved in two ways: approval by three-fourths of the state legislatures, or approval by conventions in three-fourths of the states.
This two-step process is designed to strike a balance between the excesses of constant change and inflexibility, ensuring that any changes to the Constitution reflect a broad consensus among both federal and state governments.
Since the Constitution was put into operation on March 4, 1789, there have been 27 amendments, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
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Amendments to the Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. James Madison, a member of the U.S. House of Representatives, introduced a list of amendments to the Constitution on June 8, 1789, and worked tirelessly to secure its passage. Madison initially proposed nine amendments, but an eleven-member committee made significant changes, including adding the phrase "freedom of speech, and of the press". The House debated the amendments for eleven days and made further changes before approving and forwarding them to the Senate on August 24, 1789.
The Senate edited these amendments, reducing them from 17 to 12. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution, which were then sent to the states for approval. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, now known as the "Bill of Rights". These amendments guaranteed personal freedoms, such as freedom of speech, freedom of religion, the right to bear arms, and protection against unreasonable searches and seizures. They also limited the powers of the federal government, reserving all powers not specifically granted to the states or the people.
The Bill of Rights had little judicial impact for the first 150 years of its existence. This was partly due to the Supreme Court's focus on intergovernmental balances of power during the 19th century, and partly because the Bill initially only applied to the federal government. However, in the 20th century, most of the Bill's provisions were applied to the states via the Fourteenth Amendment.
Over time, additional amendments have been made to the Constitution, including the abolition of slavery, civil rights amendments, and the prohibition and subsequent repeal of liquor.
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Frequently asked questions
Amendments to the Constitution can be initiated by the U.S. Congress, with a two-thirds majority vote in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures.
After an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with 33 amendments proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are part of the Constitution.
