Simone Lawson
The US Constitution can be amended and has been amended several times. Article V of the Constitution provides the authority to amend it. Amendments may be proposed 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. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or conventions. While there is debate about whether Article V provides the exclusive means of amending the Constitution, it is generally accepted that constitutional provisions can be used to amend themselves.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal (alternative) | By a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Amendment ratification (alternative) | By conventions in three-fourths of the States |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by States | 27 |
| Number of amendments proposed but not ratified | 6 |
| First 10 amendments | Known as the Bill of Rights |
| Article V amended | No |
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What You'll Learn
The process of amending the US Constitution
The first method, which has been utilised for all 27 amendments, involves a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format, along with an information package for the states.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method provides an alternative pathway for proposing amendments when Congress is unable to secure the necessary majority vote.
Once an amendment is proposed, it must be ratified. Ratification can occur through one of two methods: by a vote of three-fourths of the state legislatures or by conventions in three-fourths of the states. Congress determines the method of ratification. To date, all amendments have been ratified by state legislatures, with 38 of 50 states needed to confirm an amendment.
The process of amending the Constitution is deliberately challenging, ensuring that any changes made are thoroughly considered and widely supported. The difficulty of amending the Constitution highlights its enduring nature and the significance of any alterations.
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The role of Congress in proposing amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress has used Article V's procedures to propose thirty-three constitutional amendments since the Founding. At least 11,000 proposals to amend the Constitution have been introduced in Congress, but they were not approved by the two-thirds majority in each house required for submission to the states for ratification.
The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The two-thirds vote in each house required for proposing an amendment is a vote of two-thirds of the members present—assuming the presence of a quorum—and not a vote of two-thirds of the entire membership, present and absent. This is the only method for proposing amendments that has been used thus far.
Congress proposes an amendment in the form of a joint resolution. The joint resolution does not go to the White House for signature or approval since the President does not have a constitutional role in the amendment process. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
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Ratification by state legislatures
The process of amending the US Constitution is outlined in Article V. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, Congress decides on the method of ratification: by state legislatures or state ratifying conventions.
The other method of ratification is through state ratifying conventions, which has only been used once for the Twenty-first Amendment. This method involves specially elected state delegates, rather than state legislators, and is intended to reflect the popular will of the people. The state conventions that considered the Twenty-first Amendment in 1933 followed a variety of procedures, as there is no specific guidance in the Constitution or Supreme Court precedent on how states should convene ratifying conventions.
The process of amending and ratifying the Constitution is a complex and lengthy procedure. In the case of the District of Columbia Voting Rights Amendment, 16 states ratified the amendment, falling short of the required number, resulting in its failure to be adopted. The authority to amend the Constitution is a significant power, and the careful consideration and approval of a supermajority of states are necessary to ensure a deliberate and representative process.
The ratification process also involves public scrutiny and debate, with proponents and opponents articulating their ideas before the citizenry. The initial proposal of the Constitution in 1787 was followed by months of debate, with Federalists and Anti-Federalists expressing their views. The state legislatures played a crucial role in this process, with some states voting unanimously for ratification, while others raised concerns about the lack of protections for individuals.
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The possibility of a constitutional convention
The US Constitution provides that an amendment may be proposed 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 (34 out of 50 states). This second method has never been used, but there have been calls for a second constitutional convention.
The possibility of a second constitutional convention is a highly debated topic. Some argue that it is necessary to address perceived shortcomings in the federal system and make substantive reforms. For example, political scientist Larry Sabato believes that piecemeal amendments have not been effective and that a "grand meeting of clever and high-minded people" is needed to create a constitution better suited to the 21st century. Author Scott Turow acknowledges the risks but believes a convention may be the only way to address how campaign money has undermined the "one-man one-vote" principle.
On the other hand, there are concerns about the risks of a second constitutional convention, with some arguing that it is a dangerous and uncontrollable process that could threaten basic rights and freedoms. Common Cause, a leader in the fight against a new convention, argues that there are no rules for an Article V convention and that it could be taken over by extremist groups and the ultra-wealthy, who would write their agenda into the Constitution. There are also concerns that a convention summoned to address one issue might propose a wholesale revision of the entire Constitution, possibly limiting provisions that certain groups hold dear.
Despite these concerns, some progressive scholars and reformers are questioning whether it is wise to take the convention option off the table completely, especially given the lack of progress in Congress on democracy reform. They argue that a convention could be an opportunity to rethink institutions and make much-needed changes.
In conclusion, while there are valid concerns about the risks of a second constitutional convention, it remains a possibility that some believe could offer a chance for positive reform. However, the lack of guidance on how a convention should be run and the potential for extremist groups to exert influence are significant factors that must be carefully considered.
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The finality of the amendment process
Article V of the US Constitution outlines the authority to amend the Constitution. It offers two methods for proposing amendments: through Congress or a constitutional convention. However, the process doesn't end with just a proposal. The proposed amendment must go through a rigorous ratification process to become part of the Constitution. This process ensures that any changes to the Constitution are carefully considered and widely accepted.
The ratification process requires the approval of three-fourths of the States (38 out of 50 States). Once the required number of States have ratified the amendment, the process is finalized through a formal certification. This certification is signed by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), and witnessed by various dignitaries, including the President on some occasions. The 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 there has been debate among scholars about the exclusivity of Article V as the sole means of amending the Constitution, the amendment process outlined in Article V has been consistently followed. The process is designed to strike a balance between allowing necessary changes while preventing impulsive or extreme modifications. The finality of the amendment process ensures that any amendments to the Constitution are thoroughly vetted, widely accepted, and officially recognized, thereby preserving the integrity and stability of the nation's foundational document.
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Frequently asked questions
Article V of the US Constitution outlines the procedure for amending it. The Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification, becoming part of the Constitution when ratified by three-fourths of the states.
There is debate among scholars and legal theorists about whether Article V is the exclusive means of amending the Constitution. Some argue that there may be other routes to amendment, including methods not outlined in Article V, such as through sustained political activity by a mobilized national constituency. However, others assert that Article V is the exclusive procedure for the government to amend the Constitution.
Yes, the US Constitution has been amended several times. Since the founding of the country, Congress has proposed 33 constitutional amendments, of which 27 have been ratified by the states and have become part of the Constitution. The process of amending the Constitution has been initiated multiple times, indicating its amendability.
There is no specific mention of reenacting the entire US Constitution. However, it is generally accepted that constitutional amending provisions can be used to amend themselves. Article V has never been amended, but it can be amended using the procedures it outlines or potentially through other routes as suggested by some scholars and theorists.
