The Power To Amend: Congress And The Constitution

Article V of the United States Constitution outlines the process of amending the Constitution, which can be initiated by Congress with a two-thirds vote in both the House of Representatives and the Senate. This process is challenging and time-consuming, as evident by the limited number of amendments to the Constitution since its drafting in 1787. While Congress plays a crucial role in proposing amendments, the ratification process involves the state legislatures or ratifying conventions, ensuring that any changes to the Constitution reflect the will of the majority of states and safeguarding against unilateral amendments by Congress.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$103.26 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

Two-thirds majority in both houses of Congress is required to propose an amendment

The process of amending the US Constitution is intentionally challenging and time-consuming. The framers of the Constitution wanted to ensure its longevity, so they made it difficult to amend. As a result, there have only been 27 amendments since it was first drafted in 1787.

Article V of the Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both houses of Congress to propose an amendment. This means that two-thirds of the members present in both the House of Representatives and the Senate must vote in favour of the proposed amendment. This is the only method that has been used so far to propose amendments.

The second method, which has never been used, involves Congress calling a Constitutional Convention upon the request of two-thirds of state legislatures. This convention would then propose amendments, which would subsequently require ratification by three-fourths of the states.

The two-thirds majority requirement in both houses of Congress for proposing an amendment is a critical step in the amendment process. It ensures that any changes to the Constitution have significant support and are carefully considered. This requirement also highlights the intention of the framers to make amending the Constitution a challenging and deliberate process.

While the process of amending the Constitution is challenging, it is not impossible. The two-thirds majority vote in Congress is a crucial step in proposing amendments, and it empowers Congress to initiate the process of making meaningful changes to the nation's governing document.

Amendments must then be ratified by three-fourths of state legislatures or conventions

The process of amending the US Constitution is a challenging and time-consuming endeavour. Once a proposed amendment has passed with a two-thirds majority in both houses of Congress, it must then be ratified by three-fourths of state legislatures or conventions. This means that the amendment needs to be approved by either three-fourths of state legislatures or by conventions in three-fourths of states. The Congress gets to decide which mode of ratification will be used.

This process, outlined in Article V of the US Constitution, has only been successfully navigated 27 times since the Constitution was drafted in 1787. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously. Six amendments have failed to be ratified by the required number of states and are therefore not part of the Constitution.

The ratification process can be initiated by Congress or by two-thirds of state legislatures, who can request that Congress call a Constitutional Convention. A Constitutional Convention has never been called, but the idea has its supporters, including retired federal judge Malcolm R. Wilkey, who has criticised the current system for its focus on re-election and susceptibility to influence groups.

Article V also includes provisions that shield certain clauses in Article One from ordinary amendment. There is debate among scholars as to whether these shielding clauses can be amended using the procedures outlined in Article V.

Congress decides whether ratification is by state legislatures or conventions

Amending the US Constitution is a challenging and lengthy process. The framers made it difficult to amend the document, and it has only been amended 27 times since it was drafted in 1787. Article V of the Constitution outlines two methods for proposing amendments:

• The first method requires both the House and the Senate to propose a constitutional amendment by a two-thirds vote of the Members present in both Houses of Congress. This is the only method that has been used thus far.
• The second method, which has never been used, allows two-thirds of the state legislatures to request that Congress call a Constitutional Convention to propose amendments.

Once an amendment is proposed, it must be ratified. Congress determines the method of ratification, which can be done in one of two ways:

• Ratification by state legislatures: Three-fourths of the state legislatures must ratify the amendment.
• Ratification by state conventions: Three-fourths of state ratifying conventions must approve the amendment. This method has only been specified once, for the Twenty-First Amendment, as Congress may have wished to bypass the powerful Temperance lobby in state legislatures.

Congress has the sole discretion to choose the mode of ratification, and this choice is not guided by the Constitution or Supreme Court precedent.

Explore related products

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$16.7 $26.99

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

A Companion to the United States Constitution and Its Amendments

$34.65 $45

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

The Founders' Second Amendment: Origins of the Right to Bear Arms

$21.74 $28.95

Congress can call a convention for proposing amendments

Article V of the United States Constitution establishes two methods for proposing amendments to the Constitution. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This is the only method that has been used thus far, and 33 amendments have been proposed through this method, with 27 of these being ratified by three-fourths of the states.

The second method, which has never been used, allows Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures (34 out of 50). This method, also known as an Article V Convention, state convention, or amendatory convention, has been the subject of debate among scholars and legal professionals. While there have been calls for an Article V Convention, it is unclear whether such a convention would be legally bound to a single issue or have the power to propose a broader range of amendments.

The process of amending the Constitution is intentionally difficult and time-consuming. Any proposed amendment must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress. This ensures that any changes made to the Constitution are carefully considered and have a significant impact on the nation as a whole.

While Congress plays a crucial role in proposing and ratifying amendments, it cannot amend the Constitution by itself. The involvement of a supermajority in Congress and the states ensures a balanced and deliberative process that reflects the diverse interests and perspectives of the American people.

Article V has never been amended

Article V of the United States Constitution lays out the procedures for amending the Constitution. It establishes two methods for proposing amendments. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This is the only method that has been used thus far. The second method, which has never been used, allows Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures.

Once an amendment has been proposed, it must be ratified by three-fourths (38 out of 50) of the states. Congress can choose between two methods of ratification: ratification by state legislatures or ratification by state ratifying conventions. Amendments ratified by the states under either procedure are indistinguishable and have equal validity as part of the Constitution.

Article V also makes certain subjects unamendable. It states that no amendment shall affect the first and fourth clauses in the ninth section of the first article, and that no state shall be deprived of its equal suffrage in the Senate without its consent.

While Article V provides the procedures for amending the Constitution, it does not explicitly state whether those procedures apply to Article V itself. According to law professor George Mader, it is generally accepted that constitutional amending provisions can be used to amend themselves. However, Article V has never been amended.

The amendment process is designed to be difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787. The last amendment was the Twenty-Seventh Amendment, which was proposed in 1789 and ratified in 1992. This highlights the extreme difficulty of amending the Constitution and the importance of ensuring its longevity.

Frequently asked questions