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List of amendments to the Constitution of the United States

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Summary

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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

SubjectRatificationProposedCompletedTime span
Protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly and the right to petition the government.September 25, 1789December 15, 1791
Protects the right to keep and bear arms.September 25, 1789December 15, 1791
Restricts the quartering of soldiers in private homes.September 25, 1789December 15, 1791
Prohibits unreasonable searches and seizures and sets requirements for search warrants based on probable cause.September 25, 1789December 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, 1789December 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, 1789December 15, 1791
Provides for the right to a jury trial in civil lawsuits.September 25, 1789December 15, 1791
Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment.September 25, 1789December 15, 1791
States that rights not enumerated in the Constitution are retained by the people.September 25, 1789December 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, 1789December 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, 1794February 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, 1803June 15, 1804
Abolishes slavery and involuntary servitude, except as punishment for a crime.January 31, 1865December 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, 1866July 9, 1868
Prohibits the denial of the right to vote based on race, color or previous condition of servitude.February 26, 1869February 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, 1909February 3, 1913
Establishes the direct election of United States senators by popular vote.May 13, 1912April 8, 1913
Prohibits the manufacturing or sale of alcohol within the United States.
(Repealed on December 5, 1933, by the 21st Amendment.)December 18, 1917January 16, 1919
Prohibits the denial of the right to vote based on sex.June 4, 1919August 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, 1932January 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, 1933December 5, 1933
Limits the number of times a person can be elected president.March 21, 1947February 27, 1951
Grants the District of Columbia electors in the Electoral College.June 16, 1960March 29, 1961
Prohibits the revocation of voting rights based upon failure to pay taxes.September 14, 1962January 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, 1965February 10, 1967
Lowers the voting age to 18 years.March 23, 1971July 1, 1971
Delays laws affecting Congressional salary from taking effect until after the next election of representatives.September 25, 1789May 7, 1992

Summary of ratification data for each ratified amendment

State
(in order of statehood)Amendment1–101112131415161718192021222324252627State
(in order of statehood)1–101112131415161718192021222324252627Amendment
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 Devereauxeditor-first3=Andreweditor-first4=Meghaneditor-first5=Ashleyyear=2017title=Constitution of the United States of America: Analysis and Interpretationseries=112th Congress, 2nd Sessionid=Senate Document No. 112–9pages=25–45publisher=Government Printing Officelocation=Washington, DCurl=https://www.congress.gov/content/conan/pdf/GPO-CONAN-2017.pdfaccess-date=October 29, 2018

Unratified amendments

Synopsis of each unratified amendment

TitleSubjectStatus
Congressional Apportionment AmendmentWould 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 AmendmentWould 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 AmendmentWould 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 AmendmentWould 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 AmendmentWould 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 AmendmentWould 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)nowrap11125
(× 3)2835
(× 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

  1. "Essays on Article V: Amendments". The Heritage Foundation.
  2. Wines, Michael. (August 22, 2016). "Inside the Conservative Push for States to Amend the Constitution". The New York Times.
  3. (August 15, 2016). "Constitutional Amendment Process".
  4. "The Twenty-First Amendment". National Constitution Center.
  5. Huckabee, David C.. (September 30, 1997). "Ratification of Amendments to the U.S. Constitution". [[Congressional Research Service]].
  6. "Constitution Day: Proposed Amendments". Clayton State University.
  7. "Measures Proposed to Amend the Constitution".
  8. (June 9, 2000). "C-SPAN's Capitol Questions".
  9. DeSilver, Drew. (April 12, 2018). "Proposed Amendments to the U.S. Constitution Seldom Go Anywhere".
  10. (2015-10-31). "The Bill of Rights". National Archives.
  11. (2015-11-04). "The Constitution: Amendments 11-27". National Archives.
  12. "First Amendment: Freedom of Religion, Speech, Press, Assembly, and Petition". National Constitution Center.
  13. "Second Amendment: Right to Bear Arms". National Constitution Center.
  14. "Third Amendment: Quartering of Soldiers". National Constitution Center.
  15. "Fourth Amendment: Search and Seizure". National Constitution Center.
  16. "Fifth Amendment: Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings". National Constitution Center.
  17. "Sixth Amendment: Right to Speedy Trial by Jury, Witnesses, Counsel". National Constitution Center.
  18. "Seventh Amendment: Jury Trial in Civil Lawsuits". National Constitution Center.
  19. "Eighth Amendment: Excessive Fines, Cruel and Unusual Punishment". National Constitution Center.
  20. "Ninth Amendment: Non-Enumerated Rights Retained by People". National Constitution Center.
  21. "Tenth Amendment: Rights Reserved to States or People". National Constitution Center.
  22. "21st Amendment: Repeal of Prohibition". National Constitution Center.
  23. "22nd Amendment: Two-Term Limit on Presidency". National Constitution Center.
  24. "23rd Amendment: Presidential Vote for D.C.". National Constitution Center.
  25. {{cite court. (25 January 1982; vacated for mootness 4 October 1982). link
  26. Stracqualursi, Veronica. (January 30, 2020). "Three Democratic attorneys general sue to have Equal Rights Amendment added to Constitution". [[CNN]].
  27. {{cite court. (5 March 2021). link
  28. "Virginia v. Ferriero, 525 F. Supp. 3d 36 | Casetext Search + Citator".
  29. {{cite court. (28 February 2023). link
  30. "Illinois v. Ferriero, 60 F.4th 704 | Casetext Search + Citator".
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