Isabella Carter
The United States Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments being adopted in 1791 as the Bill of Rights. Amendments are modifications to the Constitution and can be interwoven into the existing text or appended as supplemental additions. 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 state legislatures. This ensures that amendments are reserved for significant changes that impact all Americans or secure the rights of citizens.
| Characteristics | Values |
|---|---|
| Number of amendments proposed to the US Constitution | 33 |
| Number of amendments ratified | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Number of proposals to amend the Constitution since 1789 | ~11,848 |
| Average number of proposals during each two-year term of Congress | 200 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of states required to ratify an amendment | 38 |
| Number of amendments ratified by the requisite number of states but not part of the Constitution | 6 |
| Number of failed amendments | 2 |
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What You'll Learn
The authority to amend the Constitution
The authority to amend the United States Constitution is derived from Article V of the Constitution. The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, and then ratified by the legislatures of three-fourths of the states (38 states, since 1959). This can be achieved through state ratifying conventions or the legislatures of three-fourths of the states.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. Once an amendment is adopted, the Director transfers the records to the National Archives.
The process of amending the Constitution can also be initiated by two-thirds of the state legislatures calling for a Constitutional Convention. However, this has never happened.
Since the Constitution was put into operation on March 4, 1789, there have been approximately 11,848 proposals to amend it. Thirty-three amendments have been proposed by Congress and sent to the states for ratification, with 27 of them successfully becoming part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.
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The ratification process
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being adopted four years later in 1791.
A constitutional amendment is a modification of the constitution, which can be interwoven into the existing text or appended as a supplemental addition. Most constitutions require amendments to be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
In the US, an amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. Once proposed, the amendment is submitted to the states for their consideration. To become part of the Constitution, it must be ratified by three-fourths of the states (38 states, since 1959). This can be achieved 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, 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. When a state ratifies, it sends an original or certified copy of the state action to the Archivist, who then issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
The process of amending the Constitution is deliberately challenging, ensuring that any changes have a significant impact on the nation and its citizens.
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The role of Congress
The United States Constitution has been amended 27 times since it was drafted in 1787. Amendments are modifications of the constitution that directly alter the text or are appended as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document.
Congress plays a crucial role in the amendment process, as outlined in Article V of the Constitution. It can propose amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, only a small fraction of these proposals become part of the Constitution. Most die in congressional committees, and only about 20 proposed amendments have received a vote in either the full House or Senate in recent decades.
Once an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The proposed amendment is submitted to the states for their consideration, and the governors then formally submit it to their state legislatures.
For an amendment to become an operative part of the Constitution, it must be ratified by the legislatures of three-fourths (currently 38) of the states. This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The latter method has only been used once, for the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment and ended prohibition.
In summary, Congress initiates the amendment process by proposing amendments with a two-thirds majority vote in both chambers. It has been active in proposing amendments, with thousands of proposals introduced since the Constitution was enacted. However, the amendment process is deliberately difficult and time-consuming, and only a small fraction of proposed amendments ultimately become part of the Constitution.
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The role of the President
The President of the United States does not have a constitutional role in the amendment process. When an amendment is proposed, the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
Once the OFR verifies that it has received the required number of authenticated ratification documents, 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 published in the Federal Register and serves as official notice to the Congress and the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. However, the President's presence at this ceremony is not a constitutional requirement and does not imply a constitutional role in the amendment process.
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The difficulty of amending the Constitution
The United States Constitution was designed to "endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it difficult to amend. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, adopted in 1791.
Amending the Constitution is a challenging and time-consuming process. 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). Once an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, it must be ratified by three-fourths of the states (38 states, currently). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The process is managed by the Archivist of the United States, who administers the ratification process and issues a certificate when an amendment becomes operative.
The high bar for amending the Constitution means that only significant changes affecting all Americans or securing citizens' rights are typically successful. For example, the last time a proposal gained the required two-thirds support in both houses of Congress was in 1978, for the District of Columbia Voting Rights Amendment. While there have been approximately 11,848 proposals to amend the Constitution since 1789, most have failed to become part 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. The process of amending the Constitution is outlined in Article V of the Constitution. An amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It is then sent to the states for ratification, where it must be approved by three-fourths of the state legislatures.
Chief Justice John Marshall wrote that the Constitution was written "to endure for ages to come". To ensure its longevity, the framers made the process of amending the document challenging. Amending the Constitution requires a high threshold of support, with a two-thirds majority needed in Congress and approval from three-fourths of state legislatures. This process ensures that only significant changes affecting all Americans or securing citizens' rights are made.
The first 10 amendments, ratified in 1791, are collectively known as the Bill of Rights. These amendments protect fundamental freedoms and rights, including freedom of speech, freedom of religion, the right to bear arms, and protection against unreasonable searches and seizures. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, were also pivotal in abolishing slavery, establishing citizenship rights, and guaranteeing equal protection under the law.
