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List of amendments to the Constitution of the United States

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This article is about the ratified and unratified amendments to the United States Constitution which have received the approval of the U.S. Congress. For proposals to amend the U.S. Constitution introduced in but not approved by Congress, seeList of proposed amendments to the United States Constitution.

This article is part ofa series on the
Constitution
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Amendments to the Constitution

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Thirty-threeamendments to the Constitution of the United States (also referred to formally asarticles of amendment) have been proposed by theUnited States Congress and sent to thestates forratification since theConstitution 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 theBill of Rights. The 13th, 14th, and 15th amendments deal with slavery, equal protection and certain constitutional rights; collectively, these are known as theReconstruction 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

[edit]

Article Five of the United States Constitution details the two-step process foramending the nation's plan of government. Amendments must be properlyproposed andratified 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 theTwenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, theEighteenth 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, theArchivist of the United States is charged with responsibility for administering the ratification process under the provisions of1 U.S.C. § 106b.[5] Then, upon being properly ratified, the archivist issues a certificateproclaiming 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 theSupreme Court of the United States inColeman 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 theHouse andSenate 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 thecongressional 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 theDistrict 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]

Ratified amendments

[edit]

Synopsis of each ratified amendment

[edit]
No.SubjectRatification[10][11]
ProposedCompletedTime span
1st[12]Protectsfreedom of religion,freedom of speech,freedom of the press,freedom of assembly and theright to petition the government.September 25, 1789December 15, 17912 years, 81 days
2nd[13]Protects theright to keep and bear arms.September 25, 1789December 15, 17912 years, 81 days
3rd[14]Restricts thequartering of soldiers in private homes.September 25, 1789December 15, 17912 years, 81 days
4th[15]Prohibits unreasonablesearches and seizures and sets requirements forsearch warrants based onprobable cause.September 25, 1789December 15, 17912 years, 81 days
5th[16]Sets rules forindictment bygrand jury andeminent domain, protects the right todue process and prohibitsself-incrimination anddouble jeopardy.September 25, 1789December 15, 17912 years, 81 days
6th[17]Protects the right to aspeedypublictrial by jury, to notification ofcriminal accusations, toconfront the accuser, toobtain witnesses and to retaincounsel.September 25, 1789December 15, 17912 years, 81 days
7th[18]Provides for the right to ajury trial incivil lawsuits.September 25, 1789December 15, 17912 years, 81 days
8th[19]Prohibits excessivefines and excessivebail, as well ascruel and unusual punishment.September 25, 1789December 15, 17912 years, 81 days
9th[20]States thatrights not enumerated in the Constitution are retained by the people.September 25, 1789December 15, 17912 years, 81 days
10th[21]States that thefederal government possesses only those powers delegated, orenumerated, to it through the Constitution, and that all other powers are reserved to the states, or to the people.September 25, 1789December 15, 17912 years, 81 days
11thImmunizes states from suits brought by out-of-state citizens and foreigners not living within the state borders; lays the foundation forstate sovereign immunity.March 4, 1794February 7, 1795340 days
12thEstablishes that the vice president is elected together with the president rather than as the runner-up in the presidential election.December 9, 1803June 15, 1804189 days
13thAbolishesslavery andinvoluntary servitude, exceptas punishment for a crime.January 31, 1865December 6, 1865309 days
14thDefinescitizenship, contains thePrivileges or Immunities Clause, theDue Process Clause and theEqual Protection Clause, and deals with post–Civil War issues.June 13, 1866July 9, 18682 years, 26 days
15thProhibits the denial ofthe right to vote based on race, color or previous condition of servitude.February 26, 1869February 3, 1870342 days
16thPermits Congress to levy anincome tax without apportioning it among the various states or basing it on theUnited States Census.July 12, 1909February 3, 19133 years, 206 days
17thEstablishes the direct election ofUnited States senators bypopular vote.May 13, 1912April 8, 1913330 days
18thProhibits themanufacturing or sale of alcohol within the United States.
(Repealed on December 5, 1933, by the 21st Amendment.)
December 18, 1917January 16, 19191 year, 29 days
19thProhibits the denial of the right to vote based on sex.June 4, 1919August 18, 19201 year, 75 days
20thChanges 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 thepresident-elect dies before taking office, thevice president–elect is to be inaugurated as president.March 2, 1932January 23, 1933327 days
21st[22]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, 1933288 days
22nd[23]Limits the number of times a person can be elected president.March 21, 1947February 27, 19513 years, 343 days
23rd[24]Grants theDistrict of Columbia electors in theElectoral College.June 16, 1960March 29, 1961286 days
24thProhibits the revocation of voting rights based upon failure to pay taxes.September 14, 1962January 23, 19641 year, 131 days
25thAddressessuccession 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, 19671 year, 219 days
26thLowers thevoting age to 18 years.March 23, 1971July 1, 1971100 days
27thDelays laws affecting Congressional salary from taking effect until after the next election ofrepresentatives.September 25, 1789May 7, 1992202 years, 223 days

Summary of ratification data for each ratified amendment

[edit]
LEGEND Yindicates that state ratified amendment
Nindicates that state rejected amendment
Y(‡)indicates that state ratified amendment after first rejecting it
Y(×)indicates that state ratified amendment, later rescinded that ratification, but subsequently re-ratified it
indicates that state did not complete action on amendment
indicates that amendment was ratified before statejoined the Union
State
(in order of statehood)
Amendment
1–101112131415161718192021222324252627
DelawareYYNY(‡)Y(‡)Y(‡)YY(‡)YY(‡)YYYYYYYY
PennsylvaniaYYYYYYYYYYYYYYY
New JerseyYYY(‡)Y(×)Y(‡)YYYYYYYYYYYY
GeorgiaYYYYY(‡)YYYY(‡)YYYY
ConnecticutYYNYYYNYNYYYYYYYYY
MassachusettsYYY(‡)YYYYYYYYYNYYYY
MarylandYYYYY(‡)Y(‡)YYYY(‡)YYYYYYYY
South CarolinaYYYYY(‡)YYYY(‡)YNYYYY
New HampshireYYYYYYY(‡)YYYYYYYYYYY(‡)
VirginiaYYYYY(‡)YNYY(‡)YYYYYYY
New YorkYYYYYY(×)YYYYYYYYYYY
North CarolinaYYYYY(‡)YYYYYYYYYYY
Rhode IslandYYYYYYNYNYYYYYYYY
VermontYYYYYYYYYYYYYYYYYY
Kentucky...YYY(‡)Y(‡)Y(‡)YYYYYYYY
Tennessee......YYYY(‡)YYYYYYYYYYYY
Ohio......YYY(×)Y(‡)YYYYYYYYYYYY
Louisiana.........YY(‡)YYYYY(‡)YYYYY
Indiana.........YYYYYYYYYYYYYYY
Mississippi.........Y(‡)YYYYY(‡)YYNY
Illinois.........YYYYYYYYYYYYYYY
Alabama.........YYYYYYY(‡)YYYYYYYY
Maine.........YYYYYYYYYYYYYYY
Missouri.........YYYYYYYYYYYYYYY
Arkansas.........YYYY(‡)YYYYYYNYYY
Michigan.........YYYYYYYYYYYYYYY
Florida.........YYYYYYYYYYY
Texas.........YY(‡)YYYYYYYYYYYY
Iowa.........YYYYYYYYYYYYYYY
Wisconsin.........YYYYYYYYYYYYYYY
California.........YYY(‡)YYYYYYYYYYYY
Minnesota.........YYYYYYYYYYYYYYY
Oregon.........YY(×)Y(‡)YYYYYYYYYYYY
Kansas.........YYYYYYYYYYYYYY
West Virginia.........YYYYYYYYYYYYYY
Nevada.........YYYYYYYYYYYYYY
Nebraska............YYYYYYYYYYYYY
Colorado..................YYYYYYYYYYYY
North Dakota..................YYYYYYYYY
South Dakota..................YYYYYYYYY
Montana..................YYYYYYYYYYYY
Washington..................YYYYYYYYYYY
Idaho..................YYYYYYYYYYYY
Wyoming..................YYYYYYYYYYY
Utah..................NNYYYYYYYYY
Oklahoma..................YYYYYNYYYY
New Mexico..................YYYYYYYYYYY
Arizona..................YYYYYYYYYY
Alaska.......................................YYYYY
Hawaii.......................................YYYYY
State
(in order of statehood)
1–101112131415161718192021222324252627
Amendment
     Source: [25]

Unratified amendments

[edit]

Synopsis of each unratified amendment

[edit]
TitleSubjectStatus
Congressional Apportionment AmendmentWould strictly regulate the number of seats in theUnited States House of Representatives.Pending since September 25, 1789. Latest ratification took place on June 27, 1792.
Titles of Nobility AmendmentWould stripcitizenship from any United States citizen who accepts atitle 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 inArticle 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 prohibitchild labor.Pending since June 2, 1924. Latest ratification took place on February 25, 1937.
Equal Rights AmendmentWould ensure theequality of rights by the federal or state governments based on sex.Proposed March 22, 1972. Initial ratification period ended March 22, 1979; purported[26] extension period ended June 30, 1982; amendment failed.[a]
District of Columbia Voting Rights AmendmentWould treat theDistrict of Columbia as if it were a state regarding representation in Congress (including repealing the23rd 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.
  1. ^Between 1972 and 1977, 35 states ratified the ERA. Three additional states ratified it between 2017 and 2020, purportedly bringing the number of ratifications to 38, or three-fourths of the states. In January 2020, after theJustice Department issued an opinion concluding that the deadline for the passage of the amendment expired at the time of the original 1979 deadline, theattorneys general of those three states filed suit inU.S. District Court inWashington, D.C. challenging that opinion. They asked to compel thearchivist of the United States to certify the ERA as the Twenty-eighth Amendment to the U.S. Constitution.[27] They lost in the district court[28][29] and onappeal and chose not to ask the Supreme Court for review.[30][31]

Summary of ratification data for each unratified amendment

[edit]
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.
Yindicates that state ratified amendment after 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
AlaskaY
ArizonaY
ArkansasY
CaliforniaYY
ColoradoYY
ConnecticutNNNYY
DelawareNYNYY
FloridaN
GeorgiaNYN
HawaiiYY
IdahoYY(×) 1977
IllinoisY(×) 2022YY
2018
IndianaY(‡)Y
IowaYYY
KansasY(‡)Y
KentuckyYYYY(‡)Y(×) 1978
LouisianaNY
MaineY(‡)YY
MarylandYYY(×) 2014NYY
MassachusettsNYNYY
MichiganYYY
MinnesotaY(‡)YY
Mississippi
MissouriN
MontanaYY
NebraskaY(×) 1973
NevadaYY
2017
New HampshireYYY(‡)Y
New JerseyYYYYY
New MexicoY(‡)Y
New YorkYNY
North CarolinaYYN
North DakotaYY(×) 2021
OhioYY(×) 1864YYY
OklahomaY
OregonYYY
PennsylvaniaY(‡)YY(‡)Y
Rhode IslandYNYYY
South CarolinaYN
South DakotaNY(×) 1979
TennesseeYNY(×) 1974
TexasNY
UtahY(‡)
VermontYYNY
VirginiaYN⋈Y
2020
WashingtonYY
West VirginiaYYY
WisconsinYYY
WyomingYY
Number of ratifications:
11125
(× 3)
2835
(× 6)
(
Y 3)
16

See also

[edit]

References

[edit]
  1. ^England, Trent; Spalding, Matthew."Essays on Article V: Amendments".The Heritage Guide to The Constitution. The Heritage Foundation. Archived from the original on April 21, 2012. RetrievedOctober 29, 2018.
  2. ^Wines, Michael (August 22, 2016)."Inside the Conservative Push for States to Amend the Constitution".The New York Times. RetrievedSeptember 27, 2019.
  3. ^abc"Constitutional Amendment Process".National Archives and Records Administration. August 15, 2016.Archived from the original on June 1, 2023. RetrievedJune 1, 2023.
  4. ^George, Robert P.; Richards, David A. J."The Twenty-First Amendment". Philadelphia: National Constitution Center. RetrievedSeptember 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. RetrievedJune 1, 2023 – viaUniversity of North Texas Digital Library.
  6. ^"Constitution Day: Proposed Amendments". Morrow, Georgia: Clayton State University. Archived fromthe original on September 23, 2015. RetrievedFebruary 22, 2019.
  7. ^"Measures Proposed to Amend the Constitution".United States Senate.Archived from the original on June 1, 2023. RetrievedJune 1, 2023.
  8. ^"C-SPAN's Capitol Questions". June 9, 2000. Archived fromthe original on May 9, 2008. RetrievedOctober 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. RetrievedJune 1, 2023.
  10. ^"The Bill of Rights".America's Founding Documents. Washington, D.C.: National Archives. October 31, 2015. RetrievedOctober 29, 2018.
  11. ^"The Constitution: Amendments 11-27".America's Founding Documents. Washington, D.C.: National Archives. November 4, 2015. RetrievedOctober 29, 2018.
  12. ^"First Amendment: Freedom of Religion, Speech, Press, Assembly, and Petition".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  13. ^"Second Amendment: Right to Bear Arms".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  14. ^"Third Amendment: Quartering of Soldiers".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  15. ^"Fourth Amendment: Search and Seizure".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  16. ^"Fifth Amendment: Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  17. ^"Sixth Amendment: Right to Speedy Trial by Jury, Witnesses, Counsel".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  18. ^"Seventh Amendment: Jury Trial in Civil Lawsuits".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  19. ^"Eighth Amendment: Excessive Fines, Cruel and Unusual Punishment".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  20. ^"Ninth Amendment: Non-Enumerated Rights Retained by People".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  21. ^"Tenth Amendment: Rights Reserved to States or People".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  22. ^"21st Amendment: Repeal of Prohibition".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  23. ^"22nd Amendment: Two-Term Limit on Presidency".constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 8, 2020.
  24. ^"23rd Amendment: Presidential Vote for D.C."constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. RetrievedJune 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. RetrievedOctober 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. RetrievedJanuary 31, 2023.
  28. ^Virginia v. Ferriero, 525 F. Supp. 3d 36, 61 (D.D.C. March 5, 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. ^"Virginia v. Ferriero, 525 F. Supp. 3d 36 | Casetext Search + Citator". Archived fromthe original on January 19, 2022.
  30. ^Illinois v. Ferriero, 60 F.4th 704, 719 (D.C. Cir. February 28, 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...").
  31. ^"Illinois v. Ferriero, 60 F.4th 704 | Casetext Search + Citator". Archived fromthe original on July 11, 2023.
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