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Tag: amendments

Amending the Constitution: 100 Days to 200 Years

The Constitution hasn’t changed much since it was adopted in 1787.

However, it has been tweaked by 27 amendments—some were ratified in a few months, another took more than two centuries.

The ink on the Constitution had barely dried in 1787 when people discovered what it did not say. It did not spell out adequately, they argued, the individual rights that citizens of the United States had under the Constitution.

So James Madison, the “father of the Constitution” and a member of the House of Representatives from Virginia, went to work.

The result: 12 amendments. They were approved by Congress in late 1789 and sent to the 13 states for ratification, which, then as now under the Constitution, required three-quarters of the state legislatures or constitutional conventions.

Twelve? Yes, but only ten (originally numbers three through 12), known to us all today as the Bill of Rights, were approved. It took 811 days to ratify those ten, and they became part of the Constitution on December 15, 1791. Each December 15, we observe Bill of Rights Day.

The proposed first amendment, dealing with congressional apportionment, has never been ratified. The proposed second amendment, dealing with congressional pay, was approved by the Michigan and New Jersey legislatures on the same day in 1992—more than 202 years after Congress submitted it to the 13 states. By 1992, … [ Read all ]

Constitution 225: Fractions and ratifications

 

Today’s post was written by National Archives volunteer Paul Richter. It is part of a series tracing the development of the Constitution in honor of the 225th anniversary of this document on September 17, 2012.

On Monday, September 10, 1787, the Constitutional Convention was fixated on fractions.

After four months of debate and compromise, the delegates knew they were nearing a final document. With the end in sight, they turned their attention to the future. There were two central questions they needed to answer.

First, how would the nation throw the switch to shut down the old government and start up the new government? Getting one-half of the states to agree to be governed by the Constitution seemed a little light, but three-fourths seemed a little heavy. The delegates finally settled on two-thirds; the Constitution would become effective once it was ratified by 9 of the 13 states.

Second, how could the new government develop with the nation as both grew and changed? The delegates agreed to include a mechanism by which future statesmen could improve or correct the Constitution. Proposals to amend the Constitution can be made by both two-thirds of the Senate and two-thirds of the House of Representatives, or two-thirds of the state legislatures can propose an amendment. No matter how the amendment is proposed, no amendment goes into effect until [ Read all ]