List_of_amendments_to_the_United_States_Constitution

List of amendments to the Constitution of the United States

List of amendments to the Constitution of the United States

List of US constitutional amendments


Thirty-three amendments to the Constitution of the United States have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of those, having been ratified by the requisite number of states, are part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments. 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. All 27 ratified and six unratified amendments are listed and detailed in the tables below.

Proposal and ratification process

Article Five of the United States Constitution details the two-step process for amending the nation's plan of government. Amendments must be properly proposed and ratified before becoming operative. This process was designed to strike a balance between the excesses of constant change and inflexibility.[1]

An amendment may be proposed and sent to the states for ratification by either:

To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) by either (as determined by Congress):

  • The legislatures of three-fourths of the states; or
  • State ratifying conventions in three-fourths of the states.[3] The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol.[4]

Congress has also enacted statutes governing the constitutional amendment process. When a constitutional amendment is sent to the states for ratification, the Archivist of the United States is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. § 106b.[5] Then, upon being properly ratified, the archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution.[3]

Since the early 20th century, Congress has, on several occasions, stipulated that an amendment must be ratified by the required number of states within seven years from the date of its submission to the states in order to become part of the Constitution. Congress's authority to set a ratification deadline was affirmed in 1939 by the Supreme Court of the United States in Coleman v. Miller (307 U.S. 433).[6]

Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019).[7] Collectively, members of the House and Senate typically propose around 200 amendments during each two-year term of Congress.[8] Proposals have covered numerous topics, but none made in recent decades have become part of the Constitution. Historically, most died in the congressional committees to which they were assigned. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate. 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. Only 16 states had ratified it when the seven-year time limit expired.[9]

Ratified amendments

Synopsis of each ratified amendment

More information No., Subject ...

Summary of ratification data for each ratified amendment

More information State (in order of statehood), Amendment ...

Unratified amendments

Synopsis of each unratified amendment

More information Title, Subject ...

Summary of ratification data for each unratified amendment

More information State (in alphabetical order), Congressional Apportionment ...

See also


References

  1. England, Trent; Spalding, Matthew. "Essays on Article V: Amendments". The Heritage Guide to The Constitution. The Heritage Foundation. Retrieved October 29, 2018.
  2. Wines, Michael (August 22, 2016). "Inside the Conservative Push for States to Amend the Constitution". The New York Times. Retrieved September 27, 2019.
  3. "Constitutional Amendment Process". National Archives and Records Administration. August 15, 2016. Archived from the original on June 1, 2023. Retrieved June 1, 2023.
  4. George, Robert P.; Richards, David A. J. "The Twenty-First Amendment". Philadelphia: National Constitution Center. Retrieved September 27, 2019.
  5. Huckabee, David C. (September 30, 1997). Ratification of Amendments to the U.S. Constitution (PDF) (Report). Washington, D.C.: Congressional Research Service. 97-922 GOV. Archived (PDF) from the original on March 19, 2023. Retrieved June 1, 2023 via University of North Texas Digital Library.
  6. "Constitution Day: Proposed Amendments". Morrow, Georgia: Clayton State University. Archived from the original on September 23, 2015. Retrieved February 22, 2019.
  7. "Measures Proposed to Amend the Constitution". United States Senate. Archived from the original on June 1, 2023. Retrieved June 1, 2023.
  8. "C-SPAN's Capitol Questions". June 9, 2000. Archived from the original on May 9, 2008. Retrieved October 29, 2018.
  9. DeSilver, Drew (April 12, 2018) [Update to original published September 17, 2014]. "Proposed Amendments to the U.S. Constitution Seldom Go Anywhere". Pew Research Center. Archived from the original on June 1, 2023. Retrieved June 1, 2023.
  10. "The Bill of Rights". America's Founding Documents. Washington, D.C.: National Archives. October 31, 2015. Retrieved October 29, 2018.
  11. "The Constitution: Amendments 11-27". America's Founding Documents. Washington, D.C.: National Archives. November 4, 2015. Retrieved October 29, 2018.
  12. "First Amendment: Freedom of Religion, Speech, Press, Assembly, and Petition". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  13. "Second Amendment: Right to Bear Arms". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  14. "Third Amendment: Quartering of Soldiers". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  15. "Fourth Amendment: Search and Seizure". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  16. "Fifth Amendment: Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  17. "Sixth Amendment: Right to Speedy Trial by Jury, Witnesses, Counsel". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  18. "Seventh Amendment: Jury Trial in Civil Lawsuits". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  19. "Eighth Amendment: Excessive Fines, Cruel and Unusual Punishment". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  20. "Ninth Amendment: Non-Enumerated Rights Retained by People". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  21. "Tenth Amendment: Rights Reserved to States or People". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  22. "21st Amendment: Repeal of Prohibition". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  23. "22nd Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  24. "23rd Amendment: Presidential Vote for D.C." constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved June 8, 2020.
  25. Garcia, Michael J.; Lewis, Catlain Devereaux; Nolan, Andrew; Toten, Meghan; Tyson, Ashley, eds. (2017). "Constitution of the United States of America: Analysis and Interpretation" (PDF). 112th Congress, 2nd Session. Washington, DC: Government Printing Office. pp. 25–45. Senate Document No. 112–9. Retrieved October 29, 2018.
  26. State of Idaho v. Freeman, 529 F. Supp. 1107 (D. Idaho 25 January 1982; vacated for mootness 4 October 1982) ("The Court further declares that Congress' attempted extension of the time for the ratification of the twenty-seventh amendment was null and void.").
  27. Stracqualursi, Veronica (January 30, 2020). "Three Democratic attorneys general sue to have Equal Rights Amendment added to Constitution". CNN. Retrieved January 31, 2023.
  28. Virginia v. Ferriero, 525 F. Supp. 3d 36, 61 (D.D.C. 5 March 2021) ("[A] ratification deadline in a proposing resolution's introduction is just as effective as one in the text of a proposed amendment. Plaintiffs' ratifications came after both the original and extended deadlines that Congress attached to the ERA, so the Archivist is not bound to record them as valid.").
  29. Illinois v. Ferriero, 60 F.4th 704, 719 (D.C. Cir. 28 February 2023) ("In conclusion, the States have not clearly and indisputably shown that the Archivist had a duty to certify and publish the ERA or that Congress lacked the authority to place a time limit in the proposing clause of the ERA. Under the rigid standard required for mandamus actions, this Court must affirm the District Court...").

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