Amending The Amendments: Exploring Constitutional Changes

The process of amending the US Constitution is deliberately difficult and time-consuming. Since it was drafted in 1787, there have been 27 amendments to the Constitution, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. Amendments can 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 states) to become part of the Constitution. This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. While there have been approximately 11,848 proposals to amend the Constitution since 1789, the process is challenging, and many proposals do not make it through.

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The challenging process of amending the US 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. Since it was drafted in 1787, the Constitution has been amended only 27 times, including the first 10 amendments, also known as the Bill of Rights, which were ratified in 1791.

The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate. Following this, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states). Alternatively, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments, although this has never happened.

The process of amending the Constitution is so challenging that out of the approximately 11,848 proposals introduced in Congress since 1789, none made in recent decades have been successful. Even popular proposals, such as those for congressional term limits and a balanced budget amendment, have not been successful. This is because amendments must be on issues of major impact affecting all Americans or securing the rights of citizens.

Once an amendment is ratified, the Archivist of the United States certifies that it 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.

Amendments must be proposed by Congress or a constitutional convention

The process of amending the United States Constitution is a difficult and time-consuming task. The Constitution provides that an amendment may be proposed 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 authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments: through Congress or a constitutional convention.

The first method of proposing amendments is through Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This process is initiated by Congress whenever two-thirds of both houses deem it necessary to propose amendments to the Constitution. The amendment is then forwarded directly 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 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 and copies in slip law format.

The second method of proposing amendments is through a constitutional convention, which has never been used to propose any of the 27 amendments to the Constitution. This method can be initiated by two-thirds of the state legislatures applying to Congress to call for a convention. The convention would then propose amendments, which would be submitted to the state legislatures or conventions for ratification.

Once an amendment is proposed by either method, it must be ratified to become part of the Constitution. Ratification can be achieved through the legislatures of three-fourths of the states (38 out of 50 states) or by conventions in three-fourths of the states, as determined by Congress. The OFR examines ratification documents for legal sufficiency and authenticity before acknowledging receipt and maintaining custody of them until the amendment is adopted or fails. The Archivist of the United States then certifies that the amendment is valid and has become part of the Constitution, which is published in the Federal Register and U.S. Statutes at Large as official notice to Congress and the nation.

The role of the Archivist of the United States in the amendment process

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist plays a crucial role in the constitutional amendment process, which is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process.

The Archivist's role in the amendment process involves several key steps. Firstly, the Archivist submits the proposed amendment to the states for their consideration. This is done by sending a letter of notification to each state governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The OFR assists the Archivist by providing legislative history notes and assembling information packages for the states.

Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then conveys this information to the Director of the Federal Register, who examines the ratification documents for legal sufficiency and authenticity. The OFR maintains custody of these documents until the amendment is adopted or fails.

When the OFR receives 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 serves as official notice to Congress and the nation that the amendment process is complete. The Archivist's signature on this certification is a ceremonial function that has become a significant event in the amendment process.

In addition to their role in the amendment process, the Archivist of the United States also has duties concerning the custody of important documents, such as state ratifications of amendments, Electoral College documents, and original versions of all statutes of the United States. The position of Archivist is a critical one that ensures the integrity and continuity of the constitutional amendment process.

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The rarity of amendments being added to the Constitution

The United States Constitution was designed to "endure for ages to come". As such, the process of amending the Constitution is intentionally difficult and time-consuming. Since the Constitution was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, known as the Bill of Rights, which were adopted in 1791.

The process of amending the Constitution is outlined in Article V of the Constitution. An amendment can 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. However, no amendment has ever been proposed by a constitutional convention. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.

The high bar for amending the Constitution ensures that only significant changes affecting all Americans or securing the rights of citizens are made. While there have been approximately 11,848 proposals to amend the Constitution since 1789, most have failed to gain the necessary support. In recent years, proposals for amendments have included those related to congressional term limits, a balanced budget, outlawing flag burning, and voluntary school prayer. However, none of these proposals have successfully become amendments.

Amendments that have superseded or repealed earlier amendments

The process of amending the US Constitution is intentionally challenging. Since the Constitution was drafted in 1787, it has been amended only 27 times, including the first ten amendments, which were adopted four years later as the Bill of Rights.

The Eighteenth Amendment, which established the prohibition of alcohol in the United States, is the only amendment that has been repealed. It was ratified on January 16, 1919, after decades of advocacy by the temperance movement, which argued that prohibiting the sale of alcohol would reduce poverty and other societal issues. The Eighteenth Amendment superseded existing state and regional restrictions. However, it proved to be largely ineffective, as many Americans continued to drink, leading to the emergence of a profitable black market for alcohol and a rise in organized crime.

Public sentiment began to turn against Prohibition during the 1920s, and the Democratic presidential nominee Franklin D. Roosevelt called for its repeal in 1932. The Twenty-first Amendment, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments for being the only one to repeal a prior amendment and the only one ratified by state ratifying conventions.

The Twenty-first Amendment ended nationwide prohibition on alcohol and is the only amendment to have been ratified by state ratifying conventions. The amendment also included a provision banning the importation of alcohol into states that prohibit its consumption. This section has occasionally been an issue in Supreme Court cases related to the Commerce Clause.

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