Eleanor Finch
The United States Constitution was written in 1787 and has since been amended 27 times. The process of amending the Constitution is a difficult and time-consuming task that requires a two-thirds majority vote in the House of Representatives and the Senate, or a national convention made up of two-thirds of the states. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments addressed concerns that the Constitution did not adequately protect the rights of the people. Some notable amendments include the 13th Amendment, which abolished slavery, the 15th Amendment, which gave African American men the right to vote, and the 19th Amendment, which gave women the right to vote.
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What You'll Learn
Amendments are additions or changes to the Constitution
The United States Constitution was written in 1787 to set up the government. However, many people believed that it did not adequately protect the rights of the people. Amendments are additions or changes to the Constitution. They are made when something of major importance comes up that affects all Americans or secures the rights of citizens.
The first 10 amendments to the Constitution, known as the Bill of Rights, were approved in 1791. Since then, there have been 17 more amendments, bringing the total number of amendments to 27. Some of the most famous amendments include the 13th Amendment, which abolished slavery, and the 19th Amendment, which gave women the right to vote.
The process of passing an amendment is a two-step process. First, the amendment must be proposed. This can be done in two ways: either by a two-thirds vote in Congress (including the House of Representatives and the Senate) or by a national convention made up of two-thirds of the states. So far, all amendments have been proposed by Congress.
The second step is ratification. This means that the amendment must be approved by either three-fourths of the state legislatures or by three-fourths of the states. This is a difficult and time-consuming process, and it can be hard to get so many people to agree.
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Two ways to propose an amendment
The United States Constitution was signed on September 17, 1787. Since then, there have been 27 amendments to the Constitution. The first ten amendments, known as the Bill of Rights, were approved on December 15, 1791.
Amending the Constitution is a two-step process. The first step is to propose an amendment, and there are two ways to do this. Firstly, two-thirds of the members of the Senate and two-thirds of the members of the House of Representatives must vote for the amendment. This is called a "two-thirds majority vote in Congress". The second way to propose an amendment is by holding a national or constitutional convention made up of two-thirds of the states. However, all amendments so far have been proposed by Congress.
The second step in the amendment process is ratification. This means that three-fourths of the state legislatures or three-fourths of the states must approve the amendment. This can be done through state legislatures or state conventions. The Archivist of the United States is in charge of the ratification process, and they follow the procedures set by the Secretary of State and the Administrator of General Services.
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Ratification by state legislatures or state conventions
The United States Constitution gives the authority to make amendments. This is called Article V of the Constitution.
After an amendment is proposed, it is sent to the states for ratification. Ratification by state legislatures or state conventions is one of two methods established by Article V for ratifying proposed amendments.
In the case of ratification by state legislatures, the legislatures of three-fourths of the states (38 out of 50) must approve the amendment. This is a procedurally simple process, where a resolution, memorial, or proclamation of ratification is proposed and then voted on in each chamber of the state legislature.
The convention method of ratification, on the other hand, is a bit more complicated. It involves holding a convention in three-fourths of the states, where delegates (who are presumably average citizens) discuss and vote on the amendment. This method allows the sentiments of registered voters to be more directly considered and can bypass the state legislatures.
Only one amendment, the 21st Amendment in 1933, has been ratified through the state convention method so far.
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The President's role in the amendment process
The US Constitution does not outline a role for the President in amending the Constitution. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval.
However, some Presidents have played a 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, including the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Additionally, in the case of Hawke v. Smith in 1920, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, even though he was advised that his signature was unnecessary. This suggests that the President cannot veto a proposed amendment.
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Why is it so hard to amend the Constitution?
The US Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The Constitution has been amended only 27 times since it was drafted in 1787, so it is clear that the process of amending it is very difficult.
Firstly, an amendment must be proposed. This can be done in two ways. The first is by a two-thirds vote in Congress, which includes both the House of Representatives and the Senate. The second is by a national convention made up of two-thirds of the states. However, all amendments so far have been proposed by Congress.
Secondly, the amendment must be ratified (approved). This can be done in two ways as well. The first is by three-fourths of state legislatures, and the second is by three-fourths of the states.
The process of amending the Constitution is intentionally difficult because it is meant to be a document that lasts a long time. The framers of the Constitution wanted to make sure that it was a place for only the most important and necessary changes that affect all Americans or secure the rights of citizens.
In addition, the process is time-consuming. For example, the ERA Amendment did not pass the necessary majority of state legislatures in the 1980s. Furthermore, getting so many people to agree is not easy.
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Frequently asked questions
An amendment is an addition or change to the Constitution of the United States. The Constitution was signed on September 17, 1787, and has had 27 amendments since.
Amendments are made in two steps. First, the amendment must be proposed by a two-thirds vote in Congress, including both the Senate and the House of Representatives. Alternatively, it can be proposed by a national convention made up of two-thirds of the states. Second, the amendment must be ratified (or approved). This means that three-fourths of the state legislatures or three-fourths of the states must approve it.
The framers of the Constitution made it difficult to amend the document to ensure that it would last. Only ideas that have a major impact on the country or secure citizens' rights are considered important enough to be added to the Constitution.
