Isabella Carter
The process of amending the US Constitution is a difficult and time-consuming endeavour. Proposed amendments must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of state legislatures. This rigorous process has only been successfully navigated 27 times since the Constitution was drafted in 1787. The most recent amendment, the 27th Amendment, was ratified in 1992 and prevents Congress from changing its own compensation during a term in progress. With such a challenging path to amendment, it is rare for changes to be made, and even rarer for amendments to be repealed or changed once ratified. However, this has happened on one notable occasion with the repeal of the 18th Amendment, which prohibited the manufacture, sale, and transportation of intoxicating liquors, by the 21st Amendment in 1933.
| Characteristics | Values |
|---|---|
| Difficulty of amending the constitution | High |
| Number of amendments to the US constitution | 27 |
| Number of amendments approved by Congress but not ratified by states | 6 |
| Number of original 10 amendments under debate for repeal | 1 |
| Last amendment added to the constitution | 27th Amendment, 1992 |
| Process of proposing an amendment | Two-thirds of the House and Senate, or two-thirds of state legislatures calling for a constitutional convention |
| Process of approving an amendment | Three-quarters of the states |
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What You'll Learn
The amendment process
The process of amending the Constitution has been intentionally made challenging. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". Since its drafting in 1787, it has been amended only 27 times, including the first 10 amendments, known as the Bill of Rights.
The Constitution's Article V outlines the process for amending it. An amendment must be proposed by two-thirds of both houses of Congress, or by two-thirds of state legislatures, who can request that Congress call a Constitutional Convention. The proposed amendment must then be ratified by three-quarters of the states.
The 21st Amendment, which repealed the prohibition on alcohol, is the only amendment to have been appealed. Proposed in 1933, it included language that had never been used before, allowing state conventions, rather than state legislatures, to be called for ratification votes. This was due to fears that the temperance lobby would influence state lawmakers.
The difficulty of amending the Constitution is evident in the number of proposed amendments that have failed to be ratified. Six amendments have been approved by Congress but never ratified by the states, including the District of Columbia Voting Rights Amendment in 1985. The ERA Amendment also failed to pass the necessary majority of state legislatures in the 1980s.
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The Constitution's Article V
Article V of the United States Constitution outlines the process for amending the Constitution. It states that whenever two-thirds of both houses of Congress deem it necessary, they may propose amendments to the Constitution. Alternatively, if two-thirds of the state legislatures apply, Congress shall call a convention to propose amendments. In either case, an amendment must be ratified by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This process is known as the Article V amendment process.
The Article V amendment process is considered by some, including President George Washington, to be the only legitimate way to bring about constitutional change. However, this view is challenged by constitutional scholars and theorists like Joel K. Goldstein and Lawrence G. Sager, who argue that there may be other routes to amending the Constitution. They suggest that the Constitution could be unwittingly amended through sustained political activity or by the people acting outside of ordinary government procedures.
Article V does not specify deadlines for the ratification of proposed amendments, but most amendments since 1917 have included a deadline. The amending process outlined in Article V can itself be amended by following the procedures laid out in the article. However, there is disagreement over whether Article V is the exclusive means of amending the Constitution.
Article V also includes provisions that protect certain subjects from being amended. For example, it states that no amendment made before 1808 could affect the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. This restriction has since expired, but another provision remains in effect: no state, without its consent, shall be deprived of its equal suffrage in the Senate.
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Ratification by states
The process of amending the Constitution is outlined in Article V of the US Constitution. Amendments can be proposed either 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 state legislatures.
Once an amendment is proposed, it is submitted to the states for their consideration. The governors of each state formally submit the amendment to their state legislatures, or a state convention is called, depending on what Congress has specified.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50 states). This can be done either through the state legislatures or ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
In the past, some states have taken action on a proposed amendment before receiving official notification. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who maintains custody of the documents.
Once the required number of authenticated ratification documents is received, the Archivist drafts a formal proclamation to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
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Original amendments
The original amendments, also known as the Bill of Rights, were ratified on December 15, 1791, and constitute the first 10 amendments to the US Constitution. The Bill of Rights was proposed by Congress on September 25, 1789, and included 12 amendments, 10 of which were ratified by three-fourths of the state legislatures.
The first Congress of the United States proposed these amendments to ensure certain protections for its citizens, such as freedom of religion, speech, and the press, as well as the right to peaceably assemble and petition the government. The right to bear arms and security of person, house, papers, and effects against unreasonable searches and seizures were also guaranteed.
The 10 original amendments have been added to over time, with 27 amendments in total as of 1992. The process of amending the Constitution is outlined in Article V, which requires that an amendment be proposed by two-thirds of the House and Senate or by a constitutional convention called for by two-thirds of the state legislatures. The 21st Amendment, which repealed the prohibition on alcohol, is the only amendment to have been appealed.
While there is a current debate about possibly repealing one of the original 10 amendments, it is important to note that the odds of such an act occurring are extremely slim. The original amendments form the foundation of the US Constitution and any changes to them would require a significant effort and consensus.
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Proposed amendments
The process of amending the US Constitution is deliberately designed to be challenging. Since the Constitution was drafted in 1787, it has been amended only 27 times, including the first ten amendments, which were adopted as the Bill of Rights in 1791.
To propose an amendment, two-thirds of both houses of Congress must pass it, or two-thirds of state legislatures can request a Constitutional Convention to propose an amendment. This second option has never been used. The proposed amendment then needs to be ratified by three-quarters of the states.
The high bar for proposing and ratifying amendments means that only significant changes affecting all Americans or securing citizens' rights are usually considered. For example, the 21st Amendment, which repealed Prohibition, was proposed and ratified because, by the early 1930s, the ban on alcohol was unpopular nationwide. Six amendments have been approved by Congress but never ratified by the states, including the District of Columbia Voting Rights Amendment in 1985.
Some proposed amendments that have not been successful include those supporting congressional term limits and a balanced budget amendment. Other ideas that have been proposed include outlawing flag burning, an amendment for crime victims' rights, allowing voluntary school prayer, and making English the official language.
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Frequently asked questions
Yes, amendments can be changed. This process is known as "repealing".
An amendment must be proposed by two-thirds of the House and Senate and then ratified by three-quarters of the states. Alternatively, two-thirds of state legislatures can request a Constitutional Convention to propose an amendment, though this has never happened.
The US Constitution has been amended 27 times since 1787, with the most recent amendment added in 1992.
The 21st Amendment, ratified in 1933, repealed the 18th Amendment's prohibition on alcohol.
The process is very difficult and time-consuming. The Constitution was written "to endure for ages to come", so amending the document is meant to be a challenging task.
