Eleanor Finch
The US Constitution is considered the supreme law of the land, and the process of amending it is challenging and time-consuming. The Founding Fathers intended for it to be difficult to amend, believing that it should be protected from the political whims of the day. Article V of the Constitution outlines the two methods of amending it. The first method, which has been used successfully, involves a two-thirds majority vote in both houses of Congress, followed by ratification by three-quarters of state legislatures. The second method, which has never been used, involves a two-thirds vote at a national convention or two-thirds of states calling for a constitutional convention. In over 230 years, there have only been 27 amendments, indicating the rarity and significance of constitutional amendments in the US.
| Characteristics | Values |
|---|---|
| Number of amendments since 1787 | 27 |
| Length | Fewer than 20 pages |
| Process | Two-thirds majority in both houses of Congress, then ratification by three-fourths of states |
| Difficulty | Very difficult and time-consuming |
| Purpose of Difficulty | Stability, endurance, protecting key principles |
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What You'll Learn
The US Constitution is entrenched, requiring a supermajority to amend it
The US Constitution is considered the "'supreme law of the land", and it has been amended only 27 times since it was drafted in 1787. The Founding Fathers believed that the Constitution should be intentionally difficult to amend so that it remains the higher law of the land. The US Constitution is entrenched, and Article V of the US Constitution sets out the process to amend it.
The process to amend the US Constitution is as follows: two-thirds (a supermajority) of both houses of Congress have to vote to introduce an amendment, or two-thirds of states can call a constitutional convention to propose amendments. Amendments then require the formal support (ratification) of three-fourths of states. This process is very difficult and time-consuming, and it has been criticised for giving states too much power and being undemocratic.
The Founding Fathers wanted the amendment process to be difficult to create stability in the United States. Because it is so difficult to amend the Constitution, amendments are usually permanent. The Constitution is a short document, usually fewer than 20 pages long, and most laws can be changed without amending it.
The amendment process makes it hard for any one group or populist movement to amend the Constitution. This protects the key principles as the Founding Fathers intended, such as regular elections and the separation of powers.
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The Founding Fathers intended it to be difficult to amend
The Founding Fathers intended the US Constitution to be a document "to endure for ages to come". To ensure its longevity, they made it difficult to amend. The Constitution is considered the "supreme law of the land", and as such, it is only changed through the amendment process.
The Founding Fathers believed that the Constitution should be intentionally challenging to amend so that it wouldn't be influenced by the political whims of the day. They wanted to create stability in the United States and ensure that the document remained the higher law of the land. James Madison encouraged Americans to revere the Constitution, believing that this would generate a stable regime underpinned by a long-lasting constitutional text.
The process of amending the Constitution is outlined in Article V. There are two ways to amend it, although only one has ever been used. The first method involves both chambers of Congress passing a joint resolution with two-thirds supermajorities. The second, unused method involves two-thirds of states calling for a Constitutional Convention to propose amendments. After one of these two methods is completed, three-quarters of state legislatures must approve the amendment through a simple majority vote for it to be added to the Constitution.
The amendment process makes it difficult for any one group or populist movement to make changes. It protects the rights of smaller states against larger ones and maintains the key principles intended by the Founding Fathers, such as regular elections and the separation of powers.
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Amendments require popular support from Congress and states
The US Constitution is considered the "supreme law of the land", and the government must follow it. The Founding Fathers believed that the Constitution should be intentionally difficult to amend so that it remains the higher law of the land. The Constitution can only be changed through the amendment process, which requires popular support from Congress and states.
The process to amend the US Constitution is outlined in Article V of the Constitution. A proposed amendment must be passed by two-thirds of both houses of Congress, which is known as a supermajority. This can also be achieved through a two-thirds vote at a national convention, although this has never happened before. The second method of initiating an amendment has also never been used. This involves two-thirds of the states asking Congress to call a Constitutional Convention to draft amendments.
Once the amendment has passed in Congress, it is sent to all 50 states for their state legislatures to vote on. If three-quarters of the states (38 states) approve the amendment with a simple majority vote, then the amendment is added to the Constitution. This process ensures that any amendment has the support of a large portion of the country and is not just a whim of a small group or populist movement.
The amendment process is designed to be difficult and time-consuming, and it has only been amended 27 times since it was drafted in 1787. The process protects the key principles as the Founding Fathers intended and ensures that the Constitution is not frequently changed, maintaining its integrity and stability.
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The amendment process is time-consuming
The process of amending the US Constitution is time-consuming and challenging. The Constitution is a short document, usually fewer than 20 pages in booklet form, and is considered the "supreme law of the land". It is entrenched, meaning it contains a clause that makes it difficult to amend. The Founding Fathers believed that the Constitution should be intentionally challenging to amend so that it remains the higher law of the land.
The process of amending the Constitution is outlined in Article V of the Constitution. There are two ways to amend it, but only one has ever been used. The first method involves a joint resolution issued by Congress, which must pass both chambers with two-thirds supermajorities. This is similar to the passage of legislation. The second method, which has never been used, involves a constitutional convention called by two-thirds of the states.
The first ten amendments, known as the Bill of Rights, were ratified in 1791. Since then, there have only been 17 more amendments, bringing the total to 27 since the Constitution was drafted in 1787. The process is lengthy and complicated, requiring the support of two-thirds of both houses of Congress and the ratification of three-quarters of state legislatures. Many proposed amendments never reach ratification. For example, the Child Labour Amendment has been pending since 1924 and still requires two more states to reach the required total.
The amendment process is designed to protect the key principles as the Founding Fathers intended and to prevent any one group or populist movement from making changes that could threaten civil liberties. It also protects the rights of small states against larger ones. However, some critics argue that the process gives too much power to the states and is undemocratic. The difficulty of amending the Constitution has led to concerns that it is frozen in the past and no longer suited to the present.
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Amendments are usually permanent
The US Constitution is considered the "'supreme law of the land", and it is entrenched, meaning there is a clause within it that makes it difficult to amend. The Founding Fathers believed that the Constitution should be intentionally challenging to amend so that it remains the higher law of the land. The Constitution can only be changed through the amendment process, which is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by three-fourths of the states. This process ensures that amendments are usually permanent. Once an amendment is ratified, it becomes part of the Constitution, and it cannot be changed except through another amendment.
The Framers, who wrote the Constitution, wanted the amendment process to be difficult to create stability in the United States. They believed that a long and complicated process would protect the key principles as the Founding Fathers intended, such as regular elections and the separation of powers. The amendment process also protects the rights of small states against larger states, which is one reason for the continuation of the electoral college.
The difficulty of amending the Constitution has led to criticism, with some arguing that it gives states too much power and is undemocratic. Additionally, the political culture of constitutional veneration, as encouraged by James Madison, further reinforces the Constitution's unamendability. The Constitution is viewed as a sacred document, and frequent amendments may suggest that it is flawed, which could reduce confidence in the government.
Despite the challenges, there have been 27 amendments to the Constitution since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, ratified in 1791. Notable amendments include the 13th, 14th, and 15th amendments, which abolished slavery and established civil rights for ex-slaves, and the 19th Amendment, which gave women the right to vote.
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Frequently asked questions
Very difficult. The Founding Fathers intended for it to be this way to ensure it wasn't subject to the political whims of the day.
The US Constitution is entrenched, meaning there is a clause within it that makes it difficult to amend. The Founding Fathers wanted to limit executive power and create a check and balance to ensure a secure democracy and protect the rights of the people.
There have been 27 amendments since the US Constitution was drafted in 1787.
Two-thirds (a supermajority) of both houses of Congress have to vote to introduce an amendment, or two-thirds of states can call a constitutional convention to propose amendments. Amendments then require the formal support (ratification) of three-quarters of states.
The 19th Amendment gave women the right to vote.
