28 amendments

The United States Constitution officially includes 27 amendments as of January 18, 2025. However, on January 17, 2025, President Joe Biden proclaimed the Equal Rights Amendment (ERA) to be the 28th Amendment, declaring it has been established as “the law of the land.”

The Equal Rights Amendment (ERA), initially introduced in 1923, seeks to ensure that all American citizens enjoy equal legal rights without regard to sex. In 1972, Congress passed the amendment, establishing a seven-year timeframe for ratification by a minimum of 38 states. However, by the 1982 deadline, only 35 states had completed the ratification process. Between 2017 and 2020, three more states ratified the amendment, achieving the necessary 38-state count. Nevertheless, the National Archives has not officially recognized the ERA, citing the expired deadline and ongoing legal challenges.

While President Biden’s declaration holds considerable symbolic importance, it is important to note that the constitutional amendment process does not allow the president to independently declare an amendment ratified. The National Archives has made it clear that it will not certify the Equal Rights Amendment without explicit guidance from Congress or a definitive court decision.

In an independent initiative, California Governor Gavin Newsom suggested a 28th Amendment in June 2023 to formally integrate crucial gun safety measures into the Constitution. This proposal includes the implementation of universal background checks, raising the legal age for firearm purchases to 21, introducing a waiting period for such purchases, and banning the civilian acquisition of assault weapons. As of January 2025, the proposal has not progressed notably within the amendment process.

In short, while there have been important efforts and proclamations about the possibility of a 28th Amendment, none have received official ratification up to this point.