Isabella Carter
The Republican Party has a history of proposing constitutional amendments, such as the support for Prohibition in 1928, the push for the ERA and term limits in 1940, and more recently, the 2004 proposal to protect marriage as a union between a man and a woman. While the GOP has spent heavily at the state level to change the US Constitution, the party faces internal divisions over the issue. Some Republicans fear that a constitutional convention could lead to changes they don't favor, such as on gun control or campaign spending. Additionally, the US Constitution limits the President's power to make changes, and any amendments require a two-thirds majority vote in Congress and ratification by three-fourths of the states. Despite controlling Congress and a majority of state legislatures, the Republican Party's ability to amend the Constitution is constrained by the need for broad support and the complex amendment process.
| Characteristics | Values |
|---|---|
| Can the President change the Constitution? | No, the President has no power to change the Constitution. |
| Who can change the Constitution? | Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. |
| Another way to change the Constitution | A constitutional convention called for by two-thirds of the State legislatures. |
| Number of states required to call a constitutional convention | 34 |
| Number of states required to ratify an amendment | 38 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments to the Constitution | 27 |
| Number of states the GOP controls the legislatures in | 30 |
| Support for a constitutional convention among Republicans | Mixed |
| Support for a constitutional convention among Republican voters | Low |
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What You'll Learn
Republicans' efforts to change the US Constitution
The US Constitution outlines a two-step process for its amendment. The first step involves proposing an amendment, which can be done in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The second step involves ratification, where the proposed amendment becomes part of the Constitution once ratified by three-fourths of the states (38 out of 50).
Despite the US Constitution's detailed amendment process, there have been efforts by Republicans to change it. In recent years, the GOP has spent significant amounts of money at the state level to influence constitutional changes. One notable example is the Convention of States Action, a conservative group that aims to gather 34 states (two-thirds) to call for a convention and amend the Constitution. This group has spent over $600,000 in at least five states to elect lawmakers sympathetic to their cause. While supporters argue that a convention is the best way to amend the Constitution and limit congressional power, critics, including some conservatives, fear that it could lead to unintended changes on issues like gun control or campaign spending.
Historically, the Republican Party has proposed various constitutional amendments during their conventions. For instance, in 1928, they supported Prohibition by enforcing the 18th Amendment. However, in 1932, they shifted their stance, allowing objections to Prohibition while still seeking to protect states that wanted to ban intoxicating spirits. In 1940, the GOP pushed for an Equal Rights Amendment and term limits for the presidency. In 1980, at the convention nominating Ronald Reagan, Republicans mentioned the need for a balanced budget amendment to control federal spending. At the 1988 convention, they demanded term limits for Senators and House members.
More recently, in 2004, the GOP platform supported President Bush's call for a constitutional amendment to protect marriage, arguing that neither federal nor state judges nor bureaucrats should force states to recognize other living arrangements as equivalent to marriage. In 2012, Republicans proposed an amendment requiring a supermajority for any tax increase, except in cases of war or national emergencies.
It is important to note that while these proposals reflect the intentions of the Republican Party, the US Constitution grants the President limited to no authority over the amendment process, which rests primarily with Congress and the states.
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Trump's attempts to change election processes
Despite the US Constitution giving Trump little to no power to change how elections are run, Trump has made several attempts to change election processes.
In March 2025, Trump issued an executive order that aimed to exert control over the nation's election systems. The order included provisions such as requiring voters to show proof of citizenship when registering to vote and rescinding the certification of voting equipment based on prior standards. This order was blocked by the courts, which stated that Congress sets federal election rules.
Trump has also made false claims about the 2020 election being stolen and has threatened to withhold federal money from states that don't comply with his demands. He has pledged to do away with mail voting and voting machines, despite these being the same systems that enabled his 2024 election win. Trump has also complained that the US doesn't run its elections like France, which hand-counts presidential ballots and usually has a national result on election night. However, this is because France only runs a single election, whereas a ballot in the US might contain dozens of races.
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The role of the Convention of States
Article V of the U.S. Constitution gives states the power to call a convention to propose and discuss amendments. This convention is referred to as an Article V Convention, state convention, or amendatory convention. It is one of two methods authorized by Article Five of the U.S. Constitution for proposing amendments to the Constitution. The other method is a two-thirds vote in both houses of Congress.
The Convention of States Action is a national movement that calls for a convention under Article V of the U.S. Constitution. The convention would be restricted to proposing amendments that impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress. The convention would require 34 states to call it and 38 states to ratify any proposed amendments.
Supporters of the Convention of States argue that it is the best way to amend the Constitution and take power from Congress, which has to approve amendments by a two-thirds vote. They also argue that any amendments that emerge from the convention would have to be approved by a large number of states, ensuring that only measures with broad support are passed.
Critics of the Convention of States, including some conservatives, argue that it could lead to changes they wouldn't favour, such as on gun control or campaign spending. They also point out that no amendments have been implemented through a convention since the Constitution was ratified in 1788, and that calling a convention could have unintended consequences.
As of 2025, Citizens for Self-Governance's resolution for an Article V Convention has passed in 19 states. The Convention of States Action and its affiliates have also spent over $600,000 in at least five states to elect lawmakers who support their cause.
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The power of Congress to amend the Constitution
The US Constitution does not give the President the power to change how elections are run. While Congress can change the way states run congressional and presidential elections, it has no say in how a state runs its own elections. The President is not mentioned in the Constitution's list of entities with powers over elections.
The authority to amend the US Constitution is derived from Article V of the Constitution. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the several States, Congress shall call a convention for proposing amendments. In either case, the amendment becomes part of the Constitution when ratified by three-fourths of the several States. The Archivist of the United States is responsible for administering the ratification process.
The last two sentences of Article V make certain subjects unamendable. The first sentence prohibited amendments before 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. The second sentence, which remains in effect, prohibits amendments that would deprive states, without their consent, from having equal suffrage in the Senate.
The Republican Party has proposed various constitutional amendments over the years. For example, in 1928, the party platform supported Prohibition, but by 1932, the platform allowed for objections to Prohibition. In 1940, the party platform included a proposed amendment for equal rights for men and women and term limits for the President. More recently, in 2012, Republicans proposed an amendment requiring a supermajority for any tax increase.
There have also been efforts by Republican-aligned groups, such as the Convention of States Action, to elect lawmakers who support changing parts of the Constitution. These groups have spent significant amounts of money in at least five states to elect sympathetic lawmakers. While supporters of a constitutional convention argue that it is the best way to amend the Constitution, critics argue that it could lead to changes that are not broadly supported.
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The ratification process for constitutional amendments
The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent directly to the National Archives and Records Administration (NARA) without requiring the president's signature or approval.
The second method is for Congress to call for a convention to propose amendments at the request of two-thirds of the state legislatures. This convention is not limited to proposing amendments but also has the power to amend the Constitution.
Once an amendment is proposed, either by Congress or a convention, it must be ratified. Ratification can occur in two ways, as determined by Congress:
- Ratification by State Legislatures: The proposed amendment must be ratified by the legislatures of three-quarters of the states (38 out of 50 states).
- Ratification by Ratifying Conventions: Ratifying conventions, or conventions conducted in three-quarters of the states, must approve the proposed amendment. This method has only been used once in American history, for the ratification of the Twenty-First Amendment in 1933.
Regardless of the ratification method, each state's vote carries equal weight, regardless of its population or time in the Union. When a state ratifies a proposed amendment, it sends an original or certified copy of its action to the Archivist of the United States, who is responsible for administering the ratification process.
Once the Archivist receives the necessary number of state ratifications, they issue a certificate proclaiming the amendment duly ratified and part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
While the president has no official role in the amendment process, the signing of the certification has become a ceremonial function that they may attend. Additionally, Congress has, on a few occasions, adopted a resolution declaring the process successfully completed after an amendment has reached the ratification threshold. However, these actions are constitutionally unnecessary.
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Frequently asked questions
No, the President does not have a constitutional role in the amendment process.
The Constitution can be amended by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures.
After an amendment is proposed, it becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
The Republicans have proposed various constitutional amendments over the years, including the Balanced Budget Amendment, term limits for Congress, an anti-flag burning amendment, and an amendment to protect traditional marriage.
