Isabella Carter
The United States Constitution has been amended 27 times since it was ratified in 1789. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. Since then, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate proposing around 200 amendments during each two-year term. The process of amending the Constitution is outlined in Article V of the Constitution, which grants Congress the authority to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The last amendment to be ratified was the 27th Amendment in 1992, which aimed to reduce corruption in the legislative branch of the federal government.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of proposed amendments | 11,848 (as of January 3, 2019) |
| Number of amendments proposed by Congress | 33 |
| Number of ratified amendments | 27 |
| Number of amendments pending ratification | 4 |
| Number of failed amendments | 2 |
| Number of amendments comprising the Bill of Rights | 10 |
| Number of amendments comprising the Reconstruction Amendments | 3 |
| Number of states required for ratification | 38 |
| Amendment with the fastest ratification | 26th Amendment |
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What You'll Learn
The challenging process of amending the Constitution
The process of amending the Constitution is a challenging and lengthy one. Since the Constitution was ratified in 1789, there have been approximately 11,848 proposals to amend it, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. However, only 27 amendments have been successfully ratified and added to the Constitution.
The first step in the amendment process is for Congress to propose an amendment. This can be done through a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called by two-thirds of the state legislatures to propose an amendment. However, this method has never been used for any of the 27 amendments.
Once 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 (38 out of 50 states). 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 is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.
The process of amending the Constitution is challenging because it requires a high level of agreement and support across a large number of states. It is also a lengthy process, with some amendments taking nearly 200 years to be ratified, as was the case with the 27th Amendment. Additionally, the President does not have a constitutional role in the amendment process, further complicating the dynamics of the process.
Despite the challenges, the amendment process has been successful in modifying and adapting the Constitution to reflect changing societal needs and values. The 26th Amendment, for example, was passed and ratified in record time to lower the legal voting age to 18 in all U.S. elections. The 27th Amendment, on the other hand, aimed to reduce corruption in the legislative branch by prohibiting laws that raise or lower the salaries of members of Congress from taking effect before the start of a new session.
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The role of the Archivist of the United States
The Constitution of the United States is a remarkable document that has endured and evolved over the nation's history. Amending it is a meticulous process, and the role of the Archivist of the United States is critical in this regard. The Archivist, as the head and chief administrator of the National Archives and Records Administration (NARA), is responsible for preserving, protecting, and sharing the nation's history. This includes the all-important duty of administering the ratification process of constitutional amendments.
The process of amending the Constitution is outlined in Article V, which grants Congress the power to propose amendments. The Archivist, currently Dr. Colleen J. Shogan, the first woman to hold this position, assumes a pivotal role in this process. When Congress proposes an amendment, the Archivist is responsible for managing the ratification process. This involves ensuring that the amendment receives the requisite approval from at least three-quarters of the states, or 38 out of 50 states, for it to become part of the Constitution.
The Archivist's role extends beyond amendment ratification. They are also responsible for the supervision and direction of NARA, which includes overseeing a vast collection of records and documents. The National Archives employs a diverse range of professionals, including archivists, archives technicians, conservators, and records managers, who work together to preserve and maintain these historical artifacts. The Archivist ensures the smooth functioning of these operations and provides leadership in this domain.
Additionally, the Archivist has specific duties concerning the custody of important documents, such as state ratifications of constitutional amendments and Electoral College documents from presidential elections. They are also responsible for receiving the original versions of all federal statutes and ensuring their preservation and accessibility to the public. The Archivist's role in maintaining the integrity of these records is essential for the transparency and historical preservation of the nation's democratic processes.
The position of Archivist of the United States is a crucial one, entrusted with safeguarding the nation's historical records and facilitating the amendment process. The incumbent, Dr. Shogan, brings a wealth of experience and a deep commitment to civic education and public engagement. Through her leadership, the National Archives strives to enhance its services, expand its reach, and strengthen the nation's democratic ideals by making its holdings more accessible to the American public.
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The significance of the Bill of Rights
Since the Constitution was ratified in 1789, there have been 27 amendments, with hundreds of thousands of bills proposed to amend it. The authority to amend the Constitution is derived from Article V of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The Ninth Amendment further emphasizes the importance of individual rights by stating that the rights not specifically enumerated in the Constitution are retained by the people. This ensures that the Bill of Rights is adaptable to evolving societal needs and interpretations of liberty.
The Tenth Amendment, the final amendment in the Bill of Rights, reserves powers to the states or the people, emphasizing federalism and limited government intervention in state affairs. This amendment is crucial in maintaining a balance between the federal government and the states, ensuring that states retain autonomy in certain areas.
The Bill of Rights has had a profound impact on the development of American society and law. It has influenced judicial interpretations and shaped public policy, ensuring that individual rights are at the forefront of legislative and judicial decisions. The Bill of Rights also serves as a model for other nations in drafting their constitutions and protecting the rights of their citizens.
The process of amending the Constitution is deliberately challenging. For a proposal to become an amendment, it must be ratified by three-fourths of the states (38 out of 50). This high threshold ensures that amendments reflect broad consensus and safeguard against hasty or impulsive changes to the foundational document of the nation.
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The impact of public opinion on amendments
Public opinion has played a significant role in shaping the amendments to the US Constitution. The process of amending the Constitution involves proposals by Congress or state legislatures, and ratification by a sufficient number of states. Public opinion influences this process in several ways.
Firstly, public sentiment can drive the proposal of amendments. For example, the Seventeenth Amendment, which removed the power of state legislatures to choose US Senators and gave that power to voters, was driven by a Progressive movement advocating for direct democracy and an end to the influence of corrupt state legislatures. Between 1890 and 1905, numerous state legislatures passed resolutions calling for this change, reflecting the public's desire for more direct representation.
Secondly, public opinion can impact the likelihood of an amendment being ratified by the required number of states. An amendment that aligns with public sentiment across a broad spectrum of the population is more likely to gain the necessary support from state legislatures, which are composed of elected officials who are responsive to their constituents' views.
Additionally, public opinion can influence the timing of amendment proposals and ratification. For instance, the District of Columbia Voting Rights Amendment, proposed in 1978, was the last proposal to gain the necessary two-thirds support in both the House and the Senate for submission to the states. This proposal likely reflected a shift in public opinion towards supporting voting rights for citizens in Washington, D.C.
The ceremonial aspect of the amendment process also reflects the importance of public opinion. The certification of amendments has, in recent history, been witnessed by dignitaries, including the President. This adds a layer of solemnity and public recognition to the process, acknowledging the significance of constitutional amendments in the eyes of the American people.
However, it is important to note that public opinion is not the sole factor influencing amendments. Political dynamics, such as the influence of individual senators or the partisan nature of state legislatures, can also shape the amendment process. Additionally, the structure of Congress outlined in the written Constitution has remained largely unchanged since 1791, indicating that amendments are relatively infrequent and often driven by broader societal shifts rather than transient shifts in public opinion.
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The influence of state legislatures on the process
The process of amending the US Constitution is intentionally designed to be challenging. Since the Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by the US Congress and sent to the states for ratification. Twenty-seven of those amendments have been ratified by the necessary number of state legislatures and are now part of the Constitution.
State legislatures play a crucial role in the amendment process. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a national convention called for by two-thirds of the state legislatures. However, this latter option has never been used. Once an amendment is proposed, 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. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then conveyed to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. 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.
In summary, while state legislatures have the power to initiate the amendment process by calling for a constitutional convention, this power has not been exercised. However, they play a vital role in the ratification phase, where their approval is necessary for an amendment to become part of the Constitution.
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Frequently asked questions
There have been 11,848 proposals to amend the Constitution since 1789, but the process of amending the Constitution is lengthy and requires a lot of support.
33 amendments have been proposed by Congress and sent to the states for ratification, 27 of which have been ratified by the requisite number of states.
The authority to amend the Constitution 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, or by a constitutional convention called for by two-thirds of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states).
Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress.
Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states. Four of those amendments are still pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. For example, in 1970, Congress passed a statute lowering the voting age in all federal, state, and local elections to 18. However, when Oregon challenged that law, the Supreme Court ruled that Congress only had jurisdiction over federal elections. This led to the proposal of the 26th Amendment, which successfully lowered the legal voting age to 18 in all US elections.
