Omar Bennett
The United States Constitution was written to endure for ages to come, and the framers made it difficult to amend. There have been 27 amendments to the Constitution since it was drafted in 1787, and none have been proposed by constitutional convention. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. The President does not have a constitutional role in the amendment process. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states. While the Constitution has been amended several times, the process has not changed much of the original document, and some argue that it goes too far in attempting to do so.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution | 27 |
| Difficulty of amending the Constitution | High |
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal methods | Congress with 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 |
| Amendment ratification methods | Three-fourths of state legislatures ratify; or three-fourths of state ratifying conventions |
| Role of the President in the amendment process | None |
| Role of the Archivist of the United States | Administers the ratification process |
| Role of the Director of the Federal Register | Receives and maintains custody of ratification documents |
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What You'll Learn
The difficulty of amending the Constitution
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it a difficult process to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V 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 for proposing amendments that has been used thus far. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
To become part of the Constitution, an amendment must then be ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states. This second method of ratification has only been specified once in history, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The process of amending the Constitution is not without its critics. Some have argued that the Constitution has been corrupted by gridlock, the influence of interest groups, and members of Congress who focus excessively on getting re-elected. However, others believe that efforts to amend the Constitution go too far and are simply a reaction to some people's dissatisfaction with the government.
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Article V and alternative methods of amendment
Article V of the United States Constitution outlines the procedure for altering the Constitution. It establishes two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second involves a constitutional convention called for by two-thirds of the state legislatures. This second method has never been used.
Once an amendment is proposed, it must be ratified. There are two methods for ratification as well: the first requires the legislatures of three-quarters of the states to ratify the amendment, while the second involves ratifying conventions in three-quarters of the states. This second method has only been used once in history, for the Twenty-First Amendment in 1933, which repealed the Eighteenth Amendment establishing Prohibition.
The process of amending the Constitution was intentionally made difficult by its framers, who wanted it to "endure for ages to come". As a result, there have only been 27 amendments to the Constitution since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791.
Some scholars argue that Article V is not the exclusive means of amending the Constitution and that there may be other routes to amendment, including periods of sustained political activity by a mobilized national constituency. However, others disagree, stating that the procedure provided in Article V is simply the exclusive method for the government to amend the Constitution.
A new Constitutional Convention has never occurred, but some, like retired federal judge Malcolm R. Wilkey, have called for one, arguing that the Constitution has been corrupted by gridlock and the influence of interest groups. However, others, like Richard C. Leone, believe that efforts to amend the Constitution go too far and are an overreaction to dissatisfaction with the government.
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The role of Congress in the amendment process
The United States Constitution was written to endure for ages, and as a result, the process of amending it is a difficult task. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. This article outlines two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, which is then proposed as a joint resolution. This is the only method that has been used thus far. Congress does not require the President's approval or signature for this process. Once the resolution is passed, it is sent to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) then takes over, adding legislative history notes and publishing the resolution in slip law format.
The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method is controversial, with some arguing that the national legislature should have no role in the constitutional amendment process, while others believe proposals should originate in the national legislature.
After an amendment is proposed, Congress determines the method of ratification. An amendment must be ratified by either the legislatures of three-quarters of the states (38 out of 50) or by ratifying conventions in three-quarters of the states. The latter method has only been used once in history, for the Twenty-First Amendment, which repealed Prohibition.
Once an amendment is ratified, the OFR 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, serving as official notice to Congress and the nation that the amendment process is complete.
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The role of the President in the amendment process
The President does not have a formal, constitutional role in the amendment process. The Supreme Court has articulated the Judicial Branch's understanding that the President has no role in the proposition or adoption of amendments to the Constitution. The Constitution does not specifically establish a role for the President in amending the Constitution.
However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment.
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The number of amendments to the Constitution
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. The process of amending the Constitution is outlined in Article V of the Constitution, which provides two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures.
The process of amending the Constitution has remained largely unchanged since its inception, with the same basic procedure in place for proposing and ratifying amendments. However, there have been debates and interpretations regarding the specific mechanisms within Article V. For instance, there is a discussion about whether Article V is the sole means of amending the Constitution or if there are alternative routes that could lead to unintentional amendments during periods of significant political activity.
Despite the existence of two methods for proposing amendments, only one method has been utilised in practice. All 27 amendments to the Constitution have been proposed by Congress through a joint resolution, without the need for a constitutional convention. Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The ratification process can occur through two avenues: ratification by state legislatures or ratification by ratifying conventions. The choice of method lies with Congress, which specifies the path to be followed. An amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50). The process of amending the Constitution, as outlined, aims to strike a balance between ensuring the document's endurance and allowing for necessary changes.
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Frequently asked questions
27 times.
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
The other method is by a convention called by Congress at the request of two-thirds of the state legislatures.
The proposed amendment is sent to the Archivist of the United States, who administers the ratification process. Once ratified by three-quarters of the states, it becomes part of the Constitution.
No, there hasn't been a Constitutional Convention. All 27 amendments have been proposed by Congress.
