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List of amendments to the Constitution of the United States

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Thirty-three amendments to the United States Constitution 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 these, having been ratified by the requisite number of states (38, since 1959), are part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states. Four of these 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 33 amendments are listed and detailed in the tables below.

Article Five of the United States Constitution details the two-step process for amending the nation's frame 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:

or

As of 2019, the convention option has never been used. Convening one would (as of 1959) require action by the legislatures of 34 states.[4]

To become part of the Constitution, an amendment must be ratified by either (as determined by Congress):

  • The legislatures of three-fourths of the states
or by

The only amendment to be ratified through the state convention 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).[5]

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.[6] Then, upon being properly ratified, the archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution.[2]

Beginning in the early 20th century, Congress has usually, but not always, 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' authority to set a ratification deadline was affirmed in 1939 by the United States Supreme Court in Coleman v. Miller (307 U.S. 433).[3]

Approximately 11,770 proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019).[3][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

No. Subject[10] Ratification[11]Cite error: A <ref> tag is missing the closing </ref> (see the help page).

Unratified amendments

Synopsis of each unratified amendment

Title Subject Status
Congressional Apportionment Amendment Would strictly regulate the size of congressional districts for representation in the House of Representatives. Pending since September 25, 1789
Titles of Nobility Amendment Would strip citizenship from any United States citizen who accepts a title of nobility from a foreign country. Pending since May 1, 1810
Corwin Amendment Would make the states' "domestic institutions" (slavery) impervious to the constitutional amendment procedures established in Article V and immune to abolition or interference from Congress. Pending since March 2, 1861
Child Labor Amendment Would empower the federal government to limit, regulate, and prohibit child labor. Pending since June 2, 1924
Equal Rights Amendment Would have prohibited deprivation of equality of rights by the federal or state governments on account of sex. Initial ratification period ended March 22, 1979, and extension period ended June 30, 1982; amendment failed
District of Columbia Voting Rights Amendment Would have treated the District of Columbia as if it were a state regarding representation in the United States Congress (including repealing the 23rd Amendment), representation in the Electoral College and participation in the process by which the Constitution is amended. Ratification period ended August 22, 1985; amendment failed

Summation of ratification data for each unratified amendment

" Y " indicates that state ratified amendment
" N " indicates that state rejected amendment
" Y(‡) " indicates that state ratified amendment after first rejecting it
" Y(×) " indicates that state ratified amendment, but later rescinded that ratification
"" indicates that state did not complete action on amendment during stated ratification period.
" " An empty cell indicates that state has not completed action on pending amendment.
State
(in alphabetical order)
Congressional Apportionment
Titles of Nobility
Corwin
Child Labor
Equal Rights
District of Columbia Voting Rights
 Alabama
 Alaska Y
 Arizona Y
 Arkansas Y
 California Y Y
 Colorado Y Y
 Connecticut N N N Y Y
 Delaware N Y N Y Y
 Florida N
 Georgia N Y N
 Hawaii Y Y
 Idaho Y Y(×)
 Illinois Y Y ⋈Y
 Indiana Y(‡) Y
 Iowa Y Y Y
 Kansas Y(‡) Y
 Kentucky Y Y Y Y(‡) Y(×)
 Louisiana N Y
 Maine Y(‡) Y Y
 Maryland Y Y Y(×) N Y Y
 Massachusetts N Y N Y Y
 Michigan Y Y Y
 Minnesota Y(‡) Y Y
 Mississippi
 Missouri N
 Montana Y Y
 Nebraska Y(×)
 Nevada Y ⋈Y
 New Hampshire Y Y Y(‡) Y
 New Jersey Y Y Y Y Y
 New Mexico Y(‡) Y
 New York Y N Y
 North Carolina Y Y N
 North Dakota Y Y
 Ohio Y Y(×) Y Y Y
 Oklahoma Y
 Oregon Y Y Y
 Pennsylvania Y(‡) Y Y(‡) Y
 Rhode Island Y N Y Y Y
 South Carolina Y N
 South Dakota N Y(×)
 Tennessee Y N Y(×)
 Texas N Y
 Utah Y(‡)
 Vermont Y Y N Y
 Virginia Y N
 Washington Y Y
 West Virginia Y Y Y
 Wisconsin Y Y Y
 Wyoming Y Y
Number of ratifications:
11 12 5(×2) 28 37(×5,⋈2) 16

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. ^ a b c "Constitutional Amendment Process". Washington, D.C.: U.S. National Archives and Records Administration. August 15, 2016. Retrieved February 22, 2019.
  3. ^ a b c d "Constitution Day: Proposed Amendments". clayton.edu. Morrow, Georgia: Clayton State University. Retrieved February 22, 2019.
  4. ^ Wines, Michael (August 22, 2016). "Inside the Conservative Push for States to Amend the Constitution". The New York Times. Retrieved September 27, 2019.
  5. ^ George, Robert P.; Richards, David A. J. "The Twenty-First Amendment". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Retrieved September 27, 2019.
  6. ^ Huckabee, David C. (September 30, 1997). "Ratification of Amendments to the U.S. Constitution" (PDF). Congressional Research Service reports (97-922 GOV). Washington D.C.: Congressional Research Service, The Library of Congress. Retrieved February 23, 2019 – via University of North Texas Digital Library.
  7. ^ "Measures Proposed to Amend the Constitution". Washington, D.C.: Office of the Secretary, United States Senate. Retrieved March 16, 2019.
  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, originally published September 17, 2014]. "Proposed amendments to the U.S. Constitution seldom go anywhere". pewresearch.org. Retrieved September 27, 2019.
  10. ^ "U.S. Constitution". Ithaca, New York: Legal Information Institute, Cornell Law School. Retrieved October 29, 2018.
  11. ^ "The Bill of Rights". America's Founding Documents. Washington, D.C.: National Archives. 2015-10-31. Retrieved October 29, 2018.

External links