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List of amendments to the Constitution of the United States
From Wikipedia, the free encyclopedia
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Thirty-three amendments to the Constitution of the United States (also referred to formally as articles of amendment) 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 now part of the Constitution.
The first ten amendments were adopted and sent to the states by Congress as a group, and later were also ratified together (and thus simultaneously); these are collectively known as the Bill of Rights. The 13th, 14th, and 15th amendments deal with slavery, equal protection and certain constitutional rights; collectively, these are known as the Reconstruction Amendments.
Six proposed amendments have been adopted by Congress and sent to the states, but have not been ratified by the required number of states (38) and so do not (yet) form part of the Constitution. Four of these unratified amendments are still pending; one is closed having failed by its own terms; and one is closed and has failed by the terms of the resolution proposing it.
All 33 (27 ratified plus 6 unratified), amendments are listed and detailed in the tables below.
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Proposal and ratification process
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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:
- The U.S. Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary; or
- A national convention, called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959).[2][3] This option has never been used.
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] In the absence of a deadline, an amendment can be pending indefinitely, as are the four early amendments which are still technically 'pending'. Such measures could theoretically be returned to and eventually ratified long after (hundreds of years after) being proposed to the states.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019[update]).[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 been supported sufficiently in Congress to be put to the states and so none 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 full Senate. The last time a proposal gained the requisite two-thirds support in both the House and the Senate was the District of Columbia Voting Rights Amendment in 1978; it then failed at the ratification stage, as only 16 states had ratified it by the time the seven-year limit expired in 1985.[9]
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Ratified amendments
Synopsis of each ratified amendment
Summary of ratification data for each ratified amendment
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Unratified amendments
Synopsis of each unratified amendment
Summary of ratification data for each unratified amendment
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See also
References
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