Malcolm Rivera
The process of amending the US Constitution is a complex and lengthy one, and the Constitution has only been amended 27 times since 1787. The authority to amend the Constitution comes from Article V of the Constitution, and there are two ways to propose an amendment. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, or secondly, two-thirds of state legislatures can call for a constitutional convention. The proposal then needs to be ratified by three-quarters of the states to become part of the Constitution. While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it, and Congress has altered the number of seats on the Supreme Court over the years. So, while the judicial branch does not have the power to amend the Constitution, Congress, which has the power to amend the Constitution, can decide how to organise the Supreme Court.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative way to propose an amendment | Constitutional convention called for by two-thirds of the State legislatures |
| Number of amendments proposed by constitutional convention | 0 out of 27 |
| Who decides the ratification process | Archivist of the United States |
| Who verifies the ratification | Office of the Federal Register (OFR) |
| Number of States required for ratification | 38 out of 50 |
| Number of amendments to the Constitution | 27 |
| Number of justices in the Supreme Court | 6 |
| Number of justices in the Supreme Court over the years | 5 to 10 |
| Current number of justices in the Supreme Court | 9 |
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What You'll Learn
The US Constitution and the role of the Supreme Court
The US Constitution is the supreme law of the land, and the Supreme Court is tasked with interpreting it. Article III of the Constitution establishes the federal judiciary, with the Supreme Court at its apex. The Constitution permits Congress to decide how to organise the Supreme Court, and it first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court has original jurisdiction in certain cases, such as those affecting ambassadors, and appellate jurisdiction in almost all other cases involving points of constitutional or federal law. The Court's best-known power is judicial review, or the ability to declare a legislative or executive act unconstitutional, though this power is not explicitly mentioned in the Constitution.
The Supreme Court justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term, which is meant to protect the independence of the judiciary.
The Constitution has been amended 27 times since it was drafted in 1787, and the process to amend it is deliberately difficult. An amendment may be proposed by Congress with a two-thirds majority in both houses or by a constitutional convention called for by two-thirds of state legislatures. A proposed amendment must then be ratified by three-fourths of the states to become part of the Constitution.
While the Supreme Court plays a crucial role in interpreting the Constitution and ensuring laws comply with it, it does not have the power to amend the Constitution. The power to amend rests with Congress and the state legislatures, with the President having a ceremonial role in witnessing the certification of amendments.
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The process of amending the Constitution
A proposed amendment must be passed 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 President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
Once the proposed amendment has been passed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The proposed amendment then becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
When the OFR (Office of the Federal Register) verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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The role of Congress in amending the Constitution
The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments. The role of Congress in amending the Constitution is significant, as it plays a crucial part in both proposing and passing amendments.
Firstly, Congress must propose an amendment. For this to happen, either the House of Representatives or the Senate must pass it by a two-thirds majority vote. This means that 290 out of 435 members of the House and 67 out of 100 members of the Senate must agree on the amendment. This is the only method for proposing amendments that has been used thus far.
Once an amendment is proposed by Congress, it is sent to the states for ratification. Three-fourths of the states, or 38 out of 50 states, must approve the amendment for it to be enacted. This gives the states significant power in the amendment process, as they can either support or reject proposed changes. This two-step process ensures that amendments have broad support before becoming part of the Constitution.
Congress has used Article V's procedures to propose 33 constitutional amendments, of which 27 have been ratified by the states. An example of an amendment passed by Congress is the 19th Amendment, which granted women the right to vote. This amendment was proposed by Congress in 1919 and ratified by the states in 1920.
While Congress plays a pivotal role in amending the Constitution, the judicial branch, i.e., the Supreme Court and inferior courts established by Congress, has the power to interpret the Constitution and strike down laws found to be in violation of it. The Supreme Court's authority to conduct judicial review, or the ability to declare an Act of Congress or Executive Act unconstitutional, is derived from Article VI of the Constitution, which establishes the Constitution as the supreme law of the land.
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The Judicial Branch's power to declare acts in violation of the Constitution
The power of the Judicial Branch to declare acts in violation of the Constitution is derived from Article III of the Constitution, which establishes the federal judiciary. This includes the Supreme Court and inferior courts ordained and established by Congress. While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organize it. This power was first exercised through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court has original jurisdiction in certain cases, such as those affecting ambassadors, public ministers, and consuls, as well as cases in which a state is a party. In most other cases, the Supreme Court has appellate jurisdiction, allowing it to hear cases on appeal involving constitutional or federal law. The Certiorari Act of 1925 grants the Court discretion in deciding whether to hear these cases.
The most well-known power of the Supreme Court is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly stated in the Constitution but was established through case law. In one notable case, the Supreme Court held that an Act of Congress contrary to the Constitution could not stand, asserting the Constitution as the supreme law of the land.
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The difficulty of amending the Constitution
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. The Constitution has been amended only 27 times since it was first drafted in 1787, including the first ten amendments, which were adopted four years later as the Bill of Rights.
The amendment process is deliberately difficult and time-consuming. A proposed amendment must be passed 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 state legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50).
The high bar for amending the Constitution means that only ideas of major impact affecting all Americans or securing the rights of citizens are considered. For example, supporters of congressional term limits and a balanced budget amendment have not been successful in getting the new amendments they wanted. Political fixes do not necessarily belong in the Constitution, with Prohibition being a prime example.
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Various Acts of Congress have since altered the number of seats on the Supreme Court, from a low of five to a high of ten. The number of seats was fixed at nine shortly after the Civil War, and today there is one Chief Justice and eight Associate Justices.
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Frequently asked questions
The authority to amend the US Constitution is derived from Article V of the Constitution. The US Constitution was written to be a difficult document to amend, and it has only been amended 27 times since 1787.
The process of amending the Constitution begins with a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request Congress to call a Constitutional Convention, though this has never happened. Once proposed, the amendment must be ratified by three-fourths of the states (38 out of 50).
No, the President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not require the President's signature or approval. However, in recent history, Presidents have acted as witnesses during the signing of the certification.
The Judicial Branch, including the Supreme Court and inferior courts, does not have the authority to amend the Constitution. The power to amend the Constitution is solely vested in Congress and the state legislatures. The Judicial Branch's role is to interpret and apply the Constitution, including determining the constitutionality of legislative and executive acts.
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