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List of amendments to the Constitution of the United States
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the ratified and unratified amendments to the United States Constitution which have received the approval of the U.S. Congress
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.
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.
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). 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.
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 . Then, upon being properly ratified, the archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution.
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 (). 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 11,985 proposals to amend the Constitution have been introduced in Congress since 1789 (). Collectively, members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. 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.
Ratified amendments
Synopsis of each ratified amendment
| Subject | Ratification | Proposed | Completed | Time span |
|---|---|---|---|---|
| Protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly and the right to petition the government. | September 25, 1789 | December 15, 1791 | ||
| Protects the right to keep and bear arms. | September 25, 1789 | December 15, 1791 | ||
| Restricts the quartering of soldiers in private homes. | September 25, 1789 | December 15, 1791 | ||
| Prohibits unreasonable searches and seizures and sets requirements for search warrants based on probable cause. | September 25, 1789 | December 15, 1791 | ||
| Sets rules for indictment by grand jury and eminent domain, protects the right to due process and prohibits self-incrimination and double jeopardy. | September 25, 1789 | December 15, 1791 | ||
| Protects the right to a speedy public trial by jury, to notification of criminal accusations, to confront the accuser, to obtain witnesses and to retain counsel. | September 25, 1789 | December 15, 1791 | ||
| Provides for the right to a jury trial in civil lawsuits. | September 25, 1789 | December 15, 1791 | ||
| Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment. | September 25, 1789 | December 15, 1791 | ||
| States that rights not enumerated in the Constitution are retained by the people. | September 25, 1789 | December 15, 1791 | ||
| States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution, and that all other powers are reserved to the states, or to the people. | September 25, 1789 | December 15, 1791 | ||
| Immunizes states from suits brought by out-of-state citizens and foreigners not living within the state borders; lays the foundation for state sovereign immunity. | March 4, 1794 | February 7, 1795 | ||
| Establishes that the vice president is elected together with the president rather than as the runner-up in the presidential election. | December 9, 1803 | June 15, 1804 | ||
| Abolishes slavery and involuntary servitude, except as punishment for a crime. | January 31, 1865 | December 6, 1865 | ||
| Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause and the Equal Protection Clause, and deals with post–Civil War issues. | June 13, 1866 | July 9, 1868 | ||
| Prohibits the denial of the right to vote based on race, color or previous condition of servitude. | February 26, 1869 | February 3, 1870 | ||
| Permits Congress to levy an income tax without apportioning it among the various states or basing it on the United States Census. | July 12, 1909 | February 3, 1913 | ||
| Establishes the direct election of United States senators by popular vote. | May 13, 1912 | April 8, 1913 | ||
| Prohibits the manufacturing or sale of alcohol within the United States. | ||||
| (Repealed on December 5, 1933, by the 21st Amendment.) | December 18, 1917 | January 16, 1919 | ||
| Prohibits the denial of the right to vote based on sex. | June 4, 1919 | August 18, 1920 | ||
| Changes the dates on which the terms of the president and vice president, and of members of Congress, begin and end, to January 20 and January 3 respectively. States that if the president-elect dies before taking office, the vice president–elect is to be inaugurated as president. | March 2, 1932 | January 23, 1933 | ||
| Repeals the 18th Amendment and makes it a federal offense to transport or import intoxicating liquors into U.S. states and territories where prohibited by law. | February 20, 1933 | December 5, 1933 | ||
| Limits the number of times a person can be elected president. | March 21, 1947 | February 27, 1951 | ||
| Grants the District of Columbia electors in the Electoral College. | June 16, 1960 | March 29, 1961 | ||
| Prohibits the revocation of voting rights based upon failure to pay taxes. | September 14, 1962 | January 23, 1964 | ||
| Addresses succession to the presidency and establishes procedures both for filling a vacancy in the office of the vice president and responding to presidential disabilities. | July 6, 1965 | February 10, 1967 | ||
| Lowers the voting age to 18 years. | March 23, 1971 | July 1, 1971 | ||
| Delays laws affecting Congressional salary from taking effect until after the next election of representatives. | September 25, 1789 | May 7, 1992 |
Summary of ratification data for each ratified amendment
| State | |||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| (in order of statehood) | Amendment | 1–10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | State | |||||||||||||||||||
| (in order of statehood) | 1–10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | Amendment | ||||||||||||||||||||
| Delaware | |||||||||||||||||||||||||||||||||||||||
| Pennsylvania | |||||||||||||||||||||||||||||||||||||||
| New Jersey | |||||||||||||||||||||||||||||||||||||||
| Georgia | |||||||||||||||||||||||||||||||||||||||
| Connecticut | |||||||||||||||||||||||||||||||||||||||
| Massachusetts | |||||||||||||||||||||||||||||||||||||||
| Maryland | |||||||||||||||||||||||||||||||||||||||
| South Carolina | |||||||||||||||||||||||||||||||||||||||
| New Hampshire | |||||||||||||||||||||||||||||||||||||||
| Virginia | |||||||||||||||||||||||||||||||||||||||
| New York | |||||||||||||||||||||||||||||||||||||||
| North Carolina | |||||||||||||||||||||||||||||||||||||||
| Rhode Island | |||||||||||||||||||||||||||||||||||||||
| Vermont | |||||||||||||||||||||||||||||||||||||||
| Kentucky | |||||||||||||||||||||||||||||||||||||||
| Tennessee | |||||||||||||||||||||||||||||||||||||||
| Ohio | |||||||||||||||||||||||||||||||||||||||
| Louisiana | |||||||||||||||||||||||||||||||||||||||
| Indiana | |||||||||||||||||||||||||||||||||||||||
| Mississippi | |||||||||||||||||||||||||||||||||||||||
| Illinois | |||||||||||||||||||||||||||||||||||||||
| Alabama | |||||||||||||||||||||||||||||||||||||||
| Maine | |||||||||||||||||||||||||||||||||||||||
| Missouri | |||||||||||||||||||||||||||||||||||||||
| Arkansas | |||||||||||||||||||||||||||||||||||||||
| Michigan | |||||||||||||||||||||||||||||||||||||||
| Florida | |||||||||||||||||||||||||||||||||||||||
| Texas | |||||||||||||||||||||||||||||||||||||||
| Iowa | |||||||||||||||||||||||||||||||||||||||
| Wisconsin | |||||||||||||||||||||||||||||||||||||||
| California | |||||||||||||||||||||||||||||||||||||||
| Minnesota | |||||||||||||||||||||||||||||||||||||||
| Oregon | |||||||||||||||||||||||||||||||||||||||
| Kansas | |||||||||||||||||||||||||||||||||||||||
| West Virginia | |||||||||||||||||||||||||||||||||||||||
| Nevada | |||||||||||||||||||||||||||||||||||||||
| Nebraska | |||||||||||||||||||||||||||||||||||||||
| Colorado | |||||||||||||||||||||||||||||||||||||||
| North Dakota | |||||||||||||||||||||||||||||||||||||||
| South Dakota | |||||||||||||||||||||||||||||||||||||||
| Montana | |||||||||||||||||||||||||||||||||||||||
| Washington | |||||||||||||||||||||||||||||||||||||||
| Idaho | |||||||||||||||||||||||||||||||||||||||
| Wyoming | |||||||||||||||||||||||||||||||||||||||
| Utah | |||||||||||||||||||||||||||||||||||||||
| Oklahoma | |||||||||||||||||||||||||||||||||||||||
| New Mexico | |||||||||||||||||||||||||||||||||||||||
| Arizona | |||||||||||||||||||||||||||||||||||||||
| Alaska | |||||||||||||||||||||||||||||||||||||||
| Hawaii | |||||||||||||||||||||||||||||||||||||||
| Source: | editor-first1=Michael J. | editor-first2=Catlain Devereaux | editor-first3=Andrew | editor-first4=Meghan | editor-first5=Ashley | year=2017 | title=Constitution of the United States of America: Analysis and Interpretation | series=112th Congress, 2nd Session | id=Senate Document No. 112–9 | pages=25–45 | publisher=Government Printing Office | location=Washington, DC | url=https://www.congress.gov/content/conan/pdf/GPO-CONAN-2017.pdf | access-date=October 29, 2018 |
Unratified amendments
Synopsis of each unratified amendment
| Title | Subject | Status |
|---|---|---|
| Congressional Apportionment Amendment | Would strictly regulate the number of seats in the United States House of Representatives. | Pending since September 25, 1789. Latest ratification took place on June 27, 1792. |
| Titles of Nobility Amendment | Would strip citizenship from any United States citizen who accepts a title of nobility, or who accepts any present, pension, office or emolument from a foreign power without the consent of Congress. | Pending since May 1, 1810. Latest ratification took place on December 9, 1812. |
| Corwin Amendment | Would make the states' "domestic institutions" (i.e. slavery) impervious to the constitutional amendment procedures established in Article V and immune to abolition or interference from Congress. | Pending since March 2, 1861. Latest ratification took place on June 2, 1863. |
| Child Labor Amendment | Would empower the federal government to limit, regulate and prohibit child labor. | Pending since June 2, 1924. Latest ratification took place on February 25, 1937. |
| Equal Rights Amendment | Would ensure the equality of rights by the federal or state governments based on sex. | Proposed March 22, 1972. Initial ratification period ended March 22, 1979; purported extension period ended June 30, 1982; amendment failed. |
| District of Columbia Voting Rights Amendment | Would treat the District of Columbia as if it were a state regarding representation in Congress (including repealing the 23rd Amendment), representation in the Electoral College and participation in the process by which the Constitution is amended. | Proposed August 22, 1978. Ratification period ended August 22, 1985; amendment failed. |
Summary of ratification data for each unratified amendment
| State | |||||||
|---|---|---|---|---|---|---|---|
| (in alphabetical order) | nowrap | 11 | 12 | 5 | |||
| (× 3) | 28 | 35 | |||||
| (× 6) | |||||||
| (⋈Y 3) | 16 | ||||||
| Alabama | |||||||
| Alaska | |||||||
| Arizona | |||||||
| Arkansas | |||||||
| California | |||||||
| Colorado | |||||||
| Connecticut | |||||||
| Delaware | |||||||
| Florida | |||||||
| Georgia | |||||||
| Hawaii | |||||||
| Idaho | |||||||
| Illinois | |||||||
| Indiana | |||||||
| Iowa | |||||||
| Kansas | |||||||
| Kentucky | |||||||
| Louisiana | |||||||
| Maine | |||||||
| Maryland | |||||||
| Massachusetts | |||||||
| Michigan | |||||||
| Minnesota | |||||||
| Mississippi | |||||||
| Missouri | |||||||
| Montana | |||||||
| Nebraska | |||||||
| Nevada | |||||||
| New Hampshire | |||||||
| New Jersey | |||||||
| New Mexico | |||||||
| New York | |||||||
| North Carolina | |||||||
| North Dakota | |||||||
| Ohio | |||||||
| Oklahoma | |||||||
| Oregon | |||||||
| Pennsylvania | |||||||
| Rhode Island | |||||||
| South Carolina | |||||||
| South Dakota | |||||||
| Tennessee | |||||||
| Texas | |||||||
| Utah | |||||||
| Vermont | |||||||
| Virginia | |||||||
| Washington | |||||||
| West Virginia | |||||||
| Wisconsin | |||||||
| Wyoming |
References
References
- "Essays on Article V: Amendments". The Heritage Foundation.
- Wines, Michael. (August 22, 2016). "Inside the Conservative Push for States to Amend the Constitution". The New York Times.
- (August 15, 2016). "Constitutional Amendment Process".
- "The Twenty-First Amendment". National Constitution Center.
- Huckabee, David C.. (September 30, 1997). "Ratification of Amendments to the U.S. Constitution". [[Congressional Research Service]].
- "Constitution Day: Proposed Amendments". Clayton State University.
- "Measures Proposed to Amend the Constitution".
- (June 9, 2000). "C-SPAN's Capitol Questions".
- DeSilver, Drew. (April 12, 2018). "Proposed Amendments to the U.S. Constitution Seldom Go Anywhere".
- (2015-10-31). "The Bill of Rights". National Archives.
- (2015-11-04). "The Constitution: Amendments 11-27". National Archives.
- "First Amendment: Freedom of Religion, Speech, Press, Assembly, and Petition". National Constitution Center.
- "Second Amendment: Right to Bear Arms". National Constitution Center.
- "Third Amendment: Quartering of Soldiers". National Constitution Center.
- "Fourth Amendment: Search and Seizure". National Constitution Center.
- "Fifth Amendment: Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings". National Constitution Center.
- "Sixth Amendment: Right to Speedy Trial by Jury, Witnesses, Counsel". National Constitution Center.
- "Seventh Amendment: Jury Trial in Civil Lawsuits". National Constitution Center.
- "Eighth Amendment: Excessive Fines, Cruel and Unusual Punishment". National Constitution Center.
- "Ninth Amendment: Non-Enumerated Rights Retained by People". National Constitution Center.
- "Tenth Amendment: Rights Reserved to States or People". National Constitution Center.
- "21st Amendment: Repeal of Prohibition". National Constitution Center.
- "22nd Amendment: Two-Term Limit on Presidency". National Constitution Center.
- "23rd Amendment: Presidential Vote for D.C.". National Constitution Center.
- {{cite court. (25 January 1982; vacated for mootness 4 October 1982). link
- Stracqualursi, Veronica. (January 30, 2020). "Three Democratic attorneys general sue to have Equal Rights Amendment added to Constitution". [[CNN]].
- {{cite court. (5 March 2021). link
- "Virginia v. Ferriero, 525 F. Supp. 3d 36 | Casetext Search + Citator".
- {{cite court. (28 February 2023). link
- "Illinois v. Ferriero, 60 F.4th 704 | Casetext Search + Citator".
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