Malcolm Rivera
The United States Constitution has been amended 27 times since it was enacted in 1789. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. Since then, amendments have been proposed by Congress or a national convention and ratified by three-fourths of the states. The process of amending the Constitution is outlined in Article V of the Constitution and involves the Archivist of the United States, who administers the ratification process. Amendments are proposed for a variety of reasons, including to address issues of religious freedom, gun rights, and voting rights. Some amendments, such as the 27th, took over 200 years to be ratified.
| Characteristics | Values |
|---|---|
| Number of amendments left out of the original constitution | 2 out of 12 |
| Reason for leaving out | Concerns about rewriting the constitution |
| Number of proposals to amend the constitution since 1789 | ~11,848 |
| Average number of proposals during each two-year term of Congress | 200 |
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What You'll Learn
- Amendments require a two-thirds majority vote in both the House and Senate
- The President has no constitutional role in the amendment process
- Amendments are ratified by three-fourths of the state legislatures
- The Archivist of the U.S. certifies the validity of amendments
- Amendments are rarely successful — only 27 of 11,848 proposals
Amendments require a two-thirds majority vote in both the House and Senate
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President.
The two-thirds majority vote in both chambers of Congress is a significant hurdle for any proposed amendment to clear. It requires broad bipartisan support and a strong consensus across political ideologies. This supermajority requirement ensures that amendments to the Constitution are carefully considered and reflect the interests of a substantial portion of the legislature.
Once an amendment is proposed by Congress, 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. This process can be initiated by the Archivist or delegated to the Director of the Federal Register, who follows established procedures and customs.
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 achieved through the legislatures of three-fourths of the states or via state ratifying conventions in three-fourths of the states. The process of ratification is not specified in detail in the Constitution or federal law, allowing for some flexibility in how states choose to ratify amendments.
The process of amending the Constitution is deliberately challenging, requiring supermajority support in Congress and ratification by a significant number of states. The two-thirds majority vote in both the House and the Senate is an essential step in this process, ensuring that any changes to the nation's founding document reflect the values and interests of a broad cross-section of the legislative branch.
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The President has no constitutional role in the amendment process
The OFR plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the associated duties to the Director of the Federal Register.
The amendment process continues with the states, as governors formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register. The OFR examines these documents for facial 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 OFR verifies that the required number of authenticated ratification documents has been received, 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 Congress and the nation that the amendment process is complete. While the President does not have a constitutional role in the amendment process, they may be present during the signing of the certification, which has become a ceremonial function attended by dignitaries.
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Amendments are ratified by three-fourths of the state legislatures
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can 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. Once an amendment is proposed, it is sent to the states for ratification.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the state legislatures, or 38 out of 50 states. This can be achieved through the state legislatures themselves or state ratifying conventions. 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 action. The Archivist, along with the Director of the Federal Register, follows procedures and customs established by the Secretary of State and the Administrator of General Services.
Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed. The signing of this certification has become a ceremonial function attended by various dignitaries, sometimes including the President.
Throughout US history, there have been 27 successful amendments to the Constitution, with the first 10 being ratified simultaneously and known as the Bill of Rights. These amendments were ratified on December 15, 1791, and cover a range of topics, including freedom of religion, speech, and the press, the right to bear arms, and protection against unreasonable searches and seizures. The most recent amendment, the 27th Amendment, was ratified in 1992 and restricts Congress's ability to change its pay while in session.
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The Archivist of the U.S. certifies the validity of amendments
The process of amending the Constitution of the United States is a complex and lengthy procedure. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a national convention can propose an amendment if two-thirds of the state legislatures call for it. However, this 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. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register.
The OFR examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
Finally, when 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
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Amendments are rarely successful — only 27 of 11,848 proposals
The process of amending the US Constitution is a challenging and lengthy procedure, which may explain why only 27 of 11,848 proposals have been successful. Amendments can 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 state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. 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 process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency.
The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The process of amending the Constitution has evolved over time, with Congress stipulating that an amendment must be ratified within a certain timeframe, such as seven years. The authority to amend the Constitution is derived from Article V, which does not describe the ratification process in detail.
Despite the large number of proposals, only a small fraction has succeeded in becoming part of the Constitution. This highlights the rigorous and selective nature of the amendment process, which requires significant support and consensus across a majority of states.
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Frequently asked questions
The U.S. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a national convention can be called by Congress on the application of two-thirds of the state legislatures. Once proposed, an amendment 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).
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Out of these, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified by the requisite number of states and are now part of the Constitution.
The original Constitution did not include a Bill of Rights. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and became the first 10 amendments of the Constitution, known as the Bill of Rights. Two of the proposed amendments were left out: one dealt with the number of representatives in Congress based on the 1789 population, and the other, which eventually became the 27th Amendment in 1992, restricted the ability of Congress to change its pay while in session.
