Amending The Us Constitution: How Many States Are Needed?

The process of amending the US Constitution is outlined in Article V of the Constitution. It is a complex process that has only resulted in 27 successful amendments out of approximately 11,848 proposals since 1789. The first step is for Congress to propose an amendment 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. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through state legislatures or state ratifying conventions. The Archivist of the United States plays a crucial role in administering the ratification process, and their certification of an amendment's validity is final and conclusive.

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The process of amending the US Constitution

Firstly, the US Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is the method by which all 27 amendments to the Constitution have been proposed. The President does not play a role in this process, and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

Secondly, a constitutional convention can be called for by two-thirds of the State legislatures. However, this method has never been used. Once an amendment is proposed, it must be ratified to become part of the Constitution.

Ratification can occur through one of two methods, as determined by Congress: either by the legislatures of three-fourths of the states (38 out of 50 states), or by state ratifying conventions in three-fourths of the states. The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process.

The Archivist's duties include receiving authenticated ratification documents and drafting a formal proclamation certifying that the amendment is valid and has become part of the Constitution. This 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.

In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. While Congress typically proposes around 200 amendments during each two-year term, only a small fraction gains the necessary support, and even fewer are successfully ratified by the required number of states.

The number of amendments proposed to date

The United States Constitution has had 27 amendments ratified and added to it since it was enacted in 1789. Thirty-three amendments have been proposed by the United States Congress and sent to the states for ratification. Six of these proposals have not been ratified by the required number of states. Four of those amendments are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.

The authority to amend the Constitution comes from Article V of the Constitution itself. An amendment may be proposed by the US Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. The other option is for a national convention to be called by Congress on the application of two-thirds of state legislatures (34 since 1959). However, this option has never been used.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 of 50 states). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through this method. It repealed the Eighteenth Amendment, which established the prohibition of alcohol.

Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate. The last proposal to gain the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978. However, only 16 states ratified it when the seven-year time limit expired.

Amendments that have been ratified

To become part of the U.S. Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.

Since the Constitution was put into operation on March 4, 1789, 33 amendments to the Constitution have been proposed by the U.S. Congress and sent to the states for ratification. Twenty-seven of these have been ratified by the requisite number of states and are now part of the Constitution.

The first ten amendments, known as the Bill of Rights, were ratified in 1791. They include the right to freedom of speech, freedom of religion, and the right to keep and bear arms.

The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments. The 13th Amendment, passed and ratified in 1865, abolished slavery and prohibited involuntary servitude within the United States.

The 19th Amendment, ratified in 1920, guarantees women's suffrage.

The 20th Amendment, ratified in 1933, deals with the terms of the President, Vice President, Senators, and Representatives, and specifies what should happen if the President-elect dies before taking office.

The 21st Amendment, ratified in 1933, repealed the 18th Amendment and ended the prohibition of alcohol. It is the only amendment to be ratified by state ratifying conventions in three-fourths of the states.

The 22nd Amendment, ratified in 1951, limits the President to two terms in office.

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Amendments that have been rejected

To amend the US Constitution, a proposal must be ratified by three-quarters of US states (38 out of 50). This process is derived from Article V of the Constitution.

Since 1789, there have been approximately 11,848 proposals to amend the Constitution. Of these, only 37 have been approved by Congress for submission to the states. Twenty-seven of these were approved, including the Bill of Rights, while six were not ratified by the states. Four of these unratified amendments are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.

Some of the more unusual amendments that were rejected include:

• A proposal in 1893 to rename the United States as "the United States of the Earth".
• A proposal in 1876 to eliminate the office of President and replace it with a three-person Roman-style triumvirate.
• A proposal in 1933 to outlaw millionaires.
• A proposal to give Congress the power to regulate marriage and divorce.

The last time an amendment was approved by Congress was the District of Columbia Voting Rights Amendment in 1978. However, it expired unratified in 1985 as only 16 states had ratified it when the seven-year time limit expired.

The process of state amendments

The process of amending the US Constitution is outlined in Article V of the Constitution. This process involves two steps: proposing an amendment and ratifying it.

An amendment can be proposed by the US Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, in practice, all amendments have been proposed by Congress so far. Once an amendment is proposed, it is sent to the states for ratification.

To become part of the Constitution, an amendment must be ratified by three-fourths of the States (38 out of 50). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through the latter method. The vote of each state carries equal weight, regardless of its population or time in the Union.

The Archivist of the United States is responsible for administering the ratification process. Once the required number of authenticated ratification documents is received, the Archivist certifies 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.

While the process of amending the US Constitution is formal and has only been completed 27 times, state constitutions are amended more frequently and through various methods. States offer multiple paths for amending their constitutions, including amendments crafted by legislatures, citizens, conventions, and commissions. State legislatures generate more than 80% of constitutional amendments approved each year, with varying requirements for legislative support. Seventeen states also allow for citizen-initiated amendments, where proponents must gather a certain number of signatures to qualify for a ballot.

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