Jonah Patel
The United States Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is intentionally difficult and time-consuming, as the framers wanted to ensure that the document would endure. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of the House and Senate proposing around 150-200 amendments during each two-year term of Congress. However, only a small fraction of these proposals have become part of the Constitution, with the last successful amendment being the Twenty-seventh Amendment in 1992.
| Characteristics | Values |
|---|---|
| Number of times the Constitution has been amended | 27 |
| Number of proposals to amend the Constitution since 1789 | ~11,848 |
| Average number of proposals during each two-year term of Congress | 150-200 |
| Number of amendments proposed by Congress and sent to states for ratification | 33 |
| Number of amendments ratified by the requisite number of states | 27 |
| Number of amendments that have not been ratified by the required number of states | 6 |
| Number of amendments still pending | 4 |
| Number of amendments that are closed | 2 |
| Number of times state constitutions have been amended | ~7,000 |
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What You'll Learn
The Bill of Rights
The Constitution of the United States is the supreme law of the country, superseding the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified on December 15, 1791.
The process of amending the Constitution is deliberately difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. This ensures that any changes to the Constitution are carefully considered and have broad support across the country.
Some of the most notable amendments within the Bill of Rights include:
- The First Amendment, which guarantees freedoms concerning religion, expression, assembly, and the right to petition.
- The Second Amendment, which protects the right to keep and bear arms.
- The Fourth Amendment, which protects the right to be secure in one's person, house, papers, and effects, against unreasonable searches and seizures.
- The Fifth Amendment, which protects against self-incrimination and guarantees due process of law.
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The Reconstruction Amendments
The 13th Amendment, ratified in 1865, abolished slavery and involuntary servitude throughout the United States, except as punishment for a crime. This amendment transformed the lives of four million people, granting them freedom and the right to stake a claim to substantive freedom and seek protection from misconduct by the government.
The 14th Amendment, ratified in 1868, addresses citizenship rights and equal protection under the law for all people. It defines all people born in the United States as citizens and requires due process of law. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key figure in the passage of this amendment. Stevens, a lifelong advocate for equal rights for African Americans, believed that Reconstruction offered a golden opportunity to secure these rights.
The 15th Amendment, ratified in 1870, prohibits federal and state governments from denying a citizen's right to vote based on race, colour, or previous condition of servitude. This amendment was a response to the restriction of voting rights to white men only in the late 1860s and the recognition that protecting the franchise of black men was crucial for the Republican Party's future.
While the Reconstruction Amendments were significant steps towards establishing equality for Black Americans, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and civil rights legislation, that the full benefits of these amendments were realised.
Amending the Constitution is a challenging and time-consuming process, as the framers intended. The Reconstruction Amendments were a critical part of the United States' transformation and continue to shape the country's legal and social landscape today.
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Prohibition
The Eighteenth Amendment to the United States Constitution, ratified in 1919, prohibited the manufacture, sale, and transportation of alcoholic beverages. This era, known as Prohibition, was the result of years of advocacy by the temperance movement. While it initially appeared to have positive effects, with a decline in alcohol-related crimes, it soon led to a rise in organised crime and black-market operations.
As the years went on, many Americans continued to drink, and the illegal production and sale of alcohol became more sophisticated and widespread. This led to the growth of a profitable black market, fuelling the rise of organised crime groups such as the Chicago Outfit under Al Capone. The inability of law enforcement to effectively stop these operations resulted in alcohol being readily available, even to ordinary working people.
By the 1930s, public sentiment towards Prohibition had shifted from positive to negative. Drinking had generally increased, and the illegal alcohol market had led to a vast number of lawbreakers and a decrease in respect for the law. A political movement for the repeal of Prohibition grew, and on February 20, 1933, Congress proposed a new amendment to end it.
The Twenty-first Amendment, ratified on December 5, 1933, repealed the Eighteenth Amendment, marking the first time in US history that an amendment was overturned. This unique amendment highlighted the adaptability of the Constitution to address societal needs and values. It is also notable for being the only amendment ratified by state ratifying conventions.
In the decades following the repeal of Prohibition, a series of Supreme Court decisions have been made regarding the interpretation of the Twenty-first Amendment, particularly Section 2, and its impact on other constitutional provisions. The amendment has been interpreted to mean that Congress has narrower powers to displace state regulatory policies regarding alcohol compared to other goods and services.
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Difficulty of the amendment process
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The amendment process is deliberately difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of the states (38 since 1959). This can be done by the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments. The Twenty-first Amendment, ratified in 1933, is the only amendment to repeal an earlier one, ending Prohibition. The Twenty-second Amendment, which took almost four years to be ratified, is the longest-pending amendment after the Twenty-seventh Amendment, which was pending for over two centuries. The Twenty-sixth Amendment was ratified in the shortest time, 100 days.
State constitutions, on the other hand, are much easier to modify, and state constitutional amendments are adopted regularly. Florida is the only state where commissions can place amendments directly on the ballot.
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State constitutions vs. the federal Constitution
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is intentionally difficult and time-consuming, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the states.
In comparison, state constitutions are generally broader in scope and are amended more frequently. Each state in the United States has its own written constitution, which serves as the fundamental blueprint for the state's legal and political organization. State constitutions vary in length, with some being over 300,000 words long, and are more detailed than the federal Constitution regarding the day-to-day relationships between the government and the people.
The process of amending state constitutions can differ from state to state. Some states allow amendments to be made by initiative, meaning that citizens can propose and vote on amendments directly. This is in contrast to the federal Constitution, which requires amendments to be proposed by Congress and ratified by the states.
State constitutions can also differ significantly in content from the federal Constitution. For example, the Constitution of the Territory of American Samoa includes provisions that are specific to the territory, such as the recognition of traditional Samoan customs and the role of the United States in administering the territory.
The interplay between state constitutional law and federal law is an important aspect of the US legal system. While the federal Constitution establishes the basic framework for the country, state constitutions fill in the details and address issues specific to each state. This allows for a great deal of variation in laws and policies across the country, even as the basic rights and freedoms outlined in the federal Constitution remain consistent.
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Frequently asked questions
The US Constitution has only been amended 27 times since 1787, which is fewer amendments than there have been years, so it hasn't been amended that frequently. Amendments are meant to secure the rights of citizens or have a major impact affecting all Americans.
It is very difficult to amend the US Constitution. Chief Justice John Marshall wrote in the early 1800s that the Constitution was "to endure for ages to come". To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959).
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019). Collectively, members of the House and Senate propose around 150-200 amendments during each two-year term of Congress. However, most of these never get out of the Congressional committees in which they are proposed.
Notable amendments include the Bill of Rights (the first 10 amendments), the 13th, 14th, and 15th amendments (collectively known as the Reconstruction Amendments), and the 21st Amendment (the only amendment that explicitly repeals an earlier one, the 18th Amendment, which established the prohibition of alcohol). More recent amendments include the 26th Amendment (which lowered the minimum voting age from 21 to 18) and the 27th Amendment (which prevents members of Congress from granting themselves pay raises during the current session).
