What Is 28th Amendment

Overview

The United States Constitution currently recognizes only 27 ratified amendments. Despite frequent public discussion, there is no official 28th Amendment as of 2024. Various proposals have been introduced in Congress over the years, but none have achieved the required thresholds for ratification.

Amendments to the Constitution are rare and require a rigorous process. After proposal by a two-thirds majority in both chambers of Congress, an amendment must be ratified by at least 38 of the 50 states. This high bar ensures broad consensus but also makes passage extremely difficult.

• Current count: The U.S. Constitution has exactly 27 ratified amendments, the last being the 27th Amendment in 1992.
• 27th Amendment: It prohibits changes to congressional salaries from taking effect until after the next election of representatives, ensuring accountability.
• Proposed 28th Amendments: Common themes include campaign finance reform, congressional term limits, and balancing the federal budget.
• Notable proposal: The Freedom to Vote Act and Democracy for All Amendment have been repeatedly introduced to limit corporate spending in elections.
• State action: As of 2024, 20 states have passed resolutions calling for a constitutional convention on term limits or money in politics.

How It Works

The process for amending the U.S. Constitution is deliberately complex, designed to prevent hasty changes while allowing evolution over time. Two pathways exist: congressional proposal or a constitutional convention called by two-thirds of state legislatures.

• Proposal by Congress: Requires a two-thirds supermajority in both the House and Senate to send an amendment to the states for ratification.
• State-led convention: If 34 states apply for a convention, Congress must call one—though this method has never been successfully used.
• Ratification threshold: An amendment must be ratified by 38 states (three-fourths) either through legislatures or state conventions.
• Time limits: Congress may impose a seven-year ratification deadline, as it did with the Equal Rights Amendment (ERA).
• Reversibility: Once ratified, amendments can only be changed by another amendment, such as how the 21st repealed the 18th (Prohibition).
• Official record: The National Archives maintains the official list of amendments and does not recognize a 28th as of 2024.

Comparison at a Glance

Below is a comparison of recent proposed amendments that are sometimes referred to as potential '28th Amendments' alongside the ratified 27th.

These proposals reflect ongoing debates about democracy and governance. While none have crossed the ratification threshold, they highlight public demand for reform in areas like campaign finance and government accountability.

Why It Matters

Understanding the absence of a 28th Amendment is crucial for informed civic discourse. Misinformation about its existence can distort public understanding of constitutional processes and current legislative efforts.

• Civic education: Clarifying that there is no 28th Amendment helps promote accurate knowledge of U.S. constitutional history and procedure.
• Political strategy: Advocacy groups use the idea of a 28th Amendment to rally support for issues like ending gerrymandering or ensuring voting rights.
• Legislative momentum: Repeated introduction of similar proposals shows persistent concern about money in politics and democratic integrity.
• State influence: With 20+ states endorsing reform, there is growing pressure on Congress to act or face a constitutional convention.
• Public trust: Transparent discussion about amendments helps rebuild confidence in institutions by showing pathways for change.
• Historical precedent: The 27th Amendment took 203 years to ratify, suggesting some reforms may take decades to achieve.

While no 28th Amendment exists today, the continued push for one underscores the dynamic nature of American constitutional democracy and the enduring desire for reform.