Simone Lawson
The United States Constitution was written with the intention of enduring for ages to come, and as such, the process of amending the document was made deliberately difficult. Amendments are typically only needed to change or clarify something that the Constitution explicitly states. The first 10 amendments, known as the Bill of Rights, were ratified in 1791, and since then, there have only been 27 amendments to the Constitution, with hundreds of thousands of bills proposed to amend it.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of proposed amendments | 11,000+ |
| Number of amendments passed by Congress and sent to the states | 33 |
| First 10 amendments | Known as the Bill of Rights |
| First Amendment | Protects freedom of religion, speech, press, assembly, and petition |
| Third Amendment | Prohibits quartering of militia in private homes without consent |
| Fourth Amendment | Protects against unreasonable searches and seizures |
| Fourteenth Amendment | Repealed three-fifths clause, ensuring every resident is counted as a full person for congressional representation |
| Amendment process | Difficult and time-consuming, requiring a two-thirds majority in Congress and ratification by three-fourths of state legislatures |
| Example of unsuccessful amendment | ERA Amendment in the 1980s |
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What You'll Learn
The US Constitution was written to endure and grow alongside the nation
The US Constitution was written with the intention that it would "endure for ages to come". Chief Justice John Marshall wrote these words in the early 1800s. The framers of the Constitution made it difficult to amend, ensuring that any changes would have a major impact on the nation and its citizens. Since its drafting in 1787, there have been 11,000 proposed amendments, but only 27 have been ratified.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments form the foundations of civil rights law in the United States. They include the famous First Amendment, which protects the freedom of religion, speech, press, assembly, and petition. The Second Amendment, which protects the right to keep and bear arms, is also part of the Bill of Rights.
Other amendments have addressed specific issues, such as the Third Amendment's prohibition on quartering militia in private homes without consent, and the Fourth Amendment's guarantee of security against unreasonable searches and seizures. The 14th Amendment, which repealed the three-fifths clause and specified that all residents of a state should be counted as full people for congressional representation, is another significant example.
The amendment process is deliberately challenging and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by three-fourths of the state legislatures. This ensures that any changes to the Constitution are carefully considered and have a broad impact on the nation.
The US Constitution was designed to be a living document, capable of evolving alongside the nation. While amendments are rare, they provide a mechanism for addressing significant issues and ensuring that the Constitution remains relevant and responsive to the needs of a changing society.
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Amendments are rare and difficult to pass
Amendments to the US Constitution are rare and difficult to pass. In over 230 years, there have only been 27 amendments, with hundreds of thousands of bills introduced attempting to amend it. The US Constitution was written "to endure for ages to come", and to ensure its longevity, the framers made it a challenging process to amend the document.
The amendment process is intentionally challenging and time-consuming. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. This is the first step, and even amendments with significant support have failed to pass this hurdle. For example, supporters of congressional term limits and a balanced budget amendment were not successful in getting their proposals through.
The second step is for the proposed amendment to be ratified by three-fourths of state legislatures, or by conventions in three-fourths of the states. This is a high bar to clear, and even with strong support in Congress, an amendment may not make it through this stage. The ERA Amendment, for instance, did not pass this stage, failing to get the necessary majority of state legislatures in the 1980s.
The Constitution is the founding document of the United States and is considered the "supreme law of the land", meaning the government must follow it. Amendments are reserved for significant changes or clarifications to the Constitution, and not just any idea to improve America deserves an amendment. The amendment process is designed to be difficult, ensuring that the Constitution remains a stable and enduring framework for the nation.
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The Bill of Rights: the first 10 amendments
The first ten amendments to the US Constitution, known as the Bill of Rights, were ratified in 1791, four years after the Constitution was drafted. The Bill of Rights forms the foundation of civil rights law in the United States.
The First Amendment is arguably the most famous and important of these amendments. It states that Congress can pass no law that encroaches on Americans' freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government.
The Second Amendment states that "a well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
The Third Amendment prevents the government from forcing homeowners to allow soldiers to take shelter in their homes. This amendment arose as a reaction to laws before the Revolutionary War that allowed British soldiers to take over private homes.
The Fourth Amendment protects people from unreasonable searches and seizures. The government cannot violate an individual's person, house, papers, or property without a good reason.
The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be initiated by a grand jury, and a person cannot be tried twice for the same offence or have property taken away without just compensation. The amendment also includes the right against self-incrimination and the right to due process of law.
The Sixth Amendment provides additional protections to people accused of crimes, including the right to a speedy and public trial and an impartial jury.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not retain other rights not mentioned in the document.
The Tenth Amendment says that the Federal Government only has the powers delegated to it in the Constitution.
The amendment process 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 state legislatures.
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Amendments are proposed by Congress or state legislatures
The process of amending the US Constitution is intentionally challenging and time-consuming. Since the Constitution was ratified in 1789, there have been 27 amendments, out of 11,000 proposed amendments. The US Constitution can be amended 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 state legislatures.
For an amendment to be proposed by Congress, it must be passed by two-thirds of both houses. This is an example of a situation where an amendment is proposed by Congress, as opposed to by state legislatures. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments were proposed by James Madison during the first session of Congress to secure support for the Constitution among Anti-Federalists, who feared it gave too much power to the national government. The First Amendment is arguably the most famous and most important of these initial amendments. It states that Congress cannot pass any law that encroaches on Americans' freedom of religion, speech, the press, assembly, and petition.
The other option for proposing an amendment is for two-thirds of state legislatures to ask Congress to call a Constitutional Convention. This has never happened, but the idea has its supporters. A retired federal judge, Malcolm R. Wilkey, called for a new convention, arguing that the Constitution had been corrupted by gridlock, interest groups, and members of Congress who focus excessively on getting re-elected.
Once an amendment is proposed, it must be ratified by the legislatures of three-fourths of the states (38 out of 50) to become part of the Constitution. This requirement applies regardless of whether the amendment was initially proposed by Congress or state legislatures.
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Amendments are ratified by state legislatures or conventions
Amending the U.S. Constitution is a challenging and time-consuming process. Since the Constitution was ratified in 1789, there have been 27 amendments, with hundreds of thousands of bills introduced to amend it. The Constitution was written to "endure for ages to come", and its framers intentionally made the process of amending it difficult.
For an amendment to be ratified, it must be passed by a two-thirds majority in both houses of Congress, and then approved by the legislatures of three-fourths of the states (38 out of 50 states). This ensures that any changes to the Constitution have a significant impact on all Americans or secure the rights of citizens. Amendments are not meant to be a common occurrence or a means of political fix.
State legislatures play a crucial role in the amendment process. Once an amendment is passed by Congress, it is sent to the states for ratification. State legislatures can approve the amendment, bringing it one step closer to becoming part of the Constitution. This process demonstrates the importance of federalism and the role of states in shaping the nation's laws and ensuring that any changes to the Constitution reflect the will of the people in a majority of states.
In addition to ratification by state legislatures, amendments can also be ratified by constitutional conventions. If two-thirds of state legislatures request it, Congress can call for a Constitutional Convention to propose amendments. While this option has never been utilised, it remains a possibility and underscores the importance of state-level approval in the amendment process.
The process of amending the U.S. Constitution is deliberately rigorous and requires broad support at both the federal and state levels. The role of state legislatures or conventions in ratifying amendments is essential to ensuring that any changes reflect the values and needs of a diverse nation. This process helps protect the integrity and longevity of the Constitution.
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Frequently asked questions
There have been 27 amendments to the US Constitution since it was drafted in 1787.
Amendments are 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 state legislatures.
Amendments are rare. In over 230 years, there have only been 27 amendments. The amendment process is very difficult and time-consuming.
Amendments are usually only needed to change or clarify something that the Constitution specifically says. The idea must be one of major impact affecting all Americans or securing the rights of citizens.
