How To Add A State: Understanding The Constitutional Amendment Process

The process of amending the US Constitution is a challenging and lengthy procedure, as the framers intended when they drafted the document in 1787. Since then, the Constitution has been amended 27 times, with amendments requiring the approval of two-thirds of both houses of Congress and ratification by three-fourths of state legislatures. This process is outlined in Article V of the Constitution, which also provides an alternative method of proposing amendments through a constitutional convention called by two-thirds of state legislatures. While state constitutions are amended more frequently, with some states amending their constitutions multiple times a year, amending the US Constitution is a significant undertaking reserved for proposals with a substantial impact on the nation and its citizens.

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The US Constitution is difficult to amend

The US Constitution is notoriously difficult to amend, and for good reason. When the document was first drafted in 1787, Chief Justice John Marshall wrote that it was "to endure for ages to come". The framers of the Constitution intentionally made it challenging to modify, ensuring that any changes would have a significant and lasting impact on the nation.

Amending the Constitution requires a rigorous process that involves both Congress and the states. According to Article V of the Constitution, there are two methods for proposing amendments. The first method, which has been utilised for all 27 amendments so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that a substantial proportion of Congress must agree on the proposed amendment. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method allows states to initiate the amendment process, bypassing Congress.

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 step ensures that any changes to the nation's governing document have broad support across the country. The process of amending the Constitution is deliberately time-consuming and arduous, as demonstrated by the small number of successful amendments.

In contrast, state constitutions are much easier to modify and are amended regularly. The current constitutions of the 50 states have been amended approximately 7,000 times, with some states amending their constitutions as frequently as three to four times per year. The ease of amending state constitutions highlights the relative difficulty of altering the US Constitution.

The high bar for amending the US Constitution ensures that any changes are thoroughly considered and widely accepted. While it may be frustrating for those seeking rapid reform, the difficulty of the process helps maintain the stability and longevity of the nation's foundational document.

Article V outlines the amendment process

Article V outlines the process for amending the Constitution of the United States. It establishes two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, and the second is a constitutional convention called for by two-thirds of the state legislatures.

The first method is the only one that has been used thus far. After Congress proposes an amendment in the form of a joint resolution, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) adds legislative history notes and publishes the resolution in slip law format, as well as assembling an information package for the states.

Once a proposed amendment is ratified by three-quarters of the states (38 out of 50), it becomes part of the Constitution. The Archivist of the United States administers the ratification process, with the final certification of the facial legal sufficiency of ratification documents being performed by the Archivist or the Director of the Federal Register.

It is important to note that while Article V outlines the amendment process, it does not provide exclusive procedures for amending the Constitution. Scholars like Akhil Reed Amar argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. Additionally, Article V includes provisions that make certain subjects unamendable.

State constitutions are amended regularly

The United States Constitution was crafted to endure for ages, with a challenging amendment process to ensure its longevity. Amending the US Constitution is a complex and lengthy process, requiring a two-thirds majority vote in both the House of Representatives and the Senate or a constitutional convention called for by two-thirds of the state legislatures. This process has only resulted in 27 amendments since 1787, illustrating its challenging nature.

In contrast, state constitutions are much more flexible and regularly undergo amendments. The 50 state constitutions have been amended approximately 7,000 times, showcasing their adaptability. The frequency of amendments varies across states, with Alabama, Louisiana, South Carolina, Texas, and California amending their constitutions more frequently, often three to four times per year. On the other hand, states like Tennessee, Kentucky, Indiana, Illinois, and Vermont make amendments less often, averaging once every three to four years.

The process for amending state constitutions differs from state to state. Some states, like Georgia, require a two-thirds vote during a legislative session to place an amendment on the ballot, while others, like New Hampshire, need a 60% vote. Amendments can also be proposed through constitutional conventions, which some states require to appear on the ballot at regular intervals.

The ease of amending state constitutions allows for more responsiveness to the needs of their citizens. For example, Wisconsin's Supreme Court was able to block an 1849 law that effectively functioned as a near-total abortion ban by ruling that it had been repealed by subsequent legislation. This flexibility in state constitutions ensures that they can adapt to changing circumstances and the evolving needs of their populations.

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Conventions are rarely called for amendments

The Constitution of the United States provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the State legislatures. However, in practice, conventions are rarely called for amendments.

Since the founding of the United States, Congress has used Article V's procedures to propose thirty-three constitutional amendments. On the other hand, none of the 27 amendments to the Constitution have been proposed by constitutional convention. This is because the process of amending the Constitution through a convention is complex and time-consuming. It requires a significant level of coordination and agreement among a large number of states.

Additionally, there are concerns about the potential for a "runaway convention" if states have the power to limit an Article V convention to a particular subject matter. In such a scenario, the convention could attempt to exceed its scope and propose amendments that are not within its original purpose. While proponents argue that this is unlikely, given the United States' experience with state constitutional conventions, it remains a point of contention.

Furthermore, there is ongoing debate about whether Congress must call a convention upon the request of two-thirds of the states. While Article V states that Congress shall call a convention when enough states have applied for one, there has been no definitive determination by the Supreme Court on this matter. As a result, the convention method for proposing amendments has never been used, and Congress has primarily driven the amendment process.

Amendments require ratification by 38 states

The process of amending the US Constitution is a difficult and time-consuming endeavour. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. However, in the history of the United States, all amendments have been proposed by Congress, with none proposed by constitutional convention.

Once an amendment is proposed, it must be ratified by three-fourths of the states, which currently equates to 38 out of 50 states. The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's role is to certify the facial legal sufficiency of ratification documents, and their certification is final and conclusive.

The process of amending the US Constitution is intentionally challenging. Chief Justice John Marshall wrote that the Constitution was written "to endure for ages to come". As of 2016, there have been 27 amendments to the Constitution, including the first ten amendments, known as the Bill of Rights. The process ensures that amendments are reserved for significant changes that impact all Americans or secure the rights of citizens.

While the US Constitution has been amended only 27 times, state constitutions are amended more frequently and are much easier to modify. State constitutions have been amended around 7,000 times, with some states amending their constitutions more regularly than others.

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