Eleanor Finch
The process of amending the US Constitution is a challenging and lengthy procedure. The Constitution has been amended only 27 times since 1787, indicating the framers' intention for it to endure for ages to come. Article V outlines the steps for proposing and ratifying amendments, with Congress playing a central role. A proposed amendment becomes part of the Constitution once ratified by three-fourths of the states, emphasizing the high bar set for any changes to the nation's foundational document. The process begins with a proposal by Congress, followed by state ratification, showcasing the delicate balance of federal and state powers in shaping the country's future.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Difficulty level | High |
| Number of amendments since 1787 | 27 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of state amendments | ~7,000 |
| Number of states with citizen-initiative processes | 17 |
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What You'll Learn
The US Constitution is difficult to amend
The US Constitution is notoriously difficult to amend. In fact, it has been described as "America's frozen constitution", topping the global charts on constitutional rigidity. The reasons for this difficulty are embedded in the document's original design. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". To ensure its longevity, the framers—the men who wrote the Constitution—made it challenging to modify. They believed that a lengthy and intricate amendment process would foster stability in the United States.
The Constitution can only be changed through the amendment process outlined in Article V. An amendment may be proposed by 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, although this has never occurred. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). This ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The high threshold for ratification and the requirement for broad consensus across states make amending the Constitution a formidable task. This difficulty is reflected in the small number of amendments that have been ratified since the Constitution was drafted in 1787—only 27 amendments have been made in over 230 years. The process is so challenging that even popular proposals, such as those for congressional term limits and a balanced budget amendment, have failed to be ratified.
The Constitution's enduring nature is both a strength and a weakness. On the one hand, it provides stability and permanence to the nation's foundational document, ensuring that changes are carefully considered and widely accepted. On the other hand, the rigidity of the Constitution can hinder efforts to modernise and adapt it to contemporary needs and values. As a result, the amendment process has been the subject of debate, with some arguing that it is too difficult to amend the Constitution, while others defend its rigorous nature.
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Amendments are proposed by Congress
The process of amending the United States Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a high bar to clear, reflecting the intention of the framers of the Constitution for it to be a challenging process.
Congress proposes amendments in the form of a joint resolution, which does not require the signature or approval of the President. Once the joint resolution has been passed, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, creating an official record of the proposed amendment.
The OFR also plays a crucial role in disseminating information about the proposed amendment to the States. It assembles an information package that includes formal "red-line" copies of the joint resolution and other relevant documents. This information package ensures that all States have access to the same detailed and accurate information about the proposed amendment.
The process of proposing an amendment by Congress is just the first step in the amendment process. For an amendment to become an operative part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). This can be done through the legislatures of these States or by conventions in three-fourths of the States. The ratification process is administered by the Archivist of the United States, who notifies each State's Governor of the proposed amendment, and the Governors then formally submit the amendment to their respective state legislatures or ratifying conventions.
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Amendments require a two-thirds majority vote
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amending the Constitution is a challenging process, as the framers intended for it to be a lasting document.
A new amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least two-thirds of the members present in each house must vote in favour of the proposed amendment. This method has been used for all 27 amendments to the Constitution so far.
The two-thirds majority vote is a type of supermajority requirement, which is a rule that mandates a specified level of support greater than a simple majority of 50% plus one vote. Supermajority rules are common for constitutional amendments and are designed to protect the rights of the minority by preventing a simple majority from making changes that could erode those rights.
In addition to the congressional process, a constitutional convention called for by two-thirds of the state legislatures can also propose amendments. However, this method has never been used.
After an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or conventions in three-fourths of the states, as determined by Congress.
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Amendments are certified by the Archivist
The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the constitutional amendment process. The Archivist's role in this process includes submitting amendments proposed by Congress to the states for ratification, collecting state ratifications, and certifying amendments once they are ratified by three-fourths of the states (38 out of 50).
The certification process involves the Archivist officially recognising that an amendment has been validly ratified and has become an integral part of the Constitution. This certification is done through a formal proclamation, which is then published in the Federal Register and U.S. Statutes at Large. The publication of this certification serves as an official notice to Congress and the nation that the amendment process has been completed.
The Archivist's role in certifying amendments is primarily ministerial, following established procedures and customs. The Archivist does not make substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
To date, the 27th Amendment, ratified in 1992, is the only constitutional amendment that has been certified by the Archivist. Don W. Wilson, the Archivist of the United States at the time, certified this amendment in a small ceremony in his office. The 27th Amendment limits Congress's ability to change its pay until the next term.
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State constitutions are easier to amend
Amending the US Constitution is a challenging process. The Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. Since its drafting in 1787, it has been amended only 27 times, indicating the framers' intention to make it a difficult process.
State constitutions, on the other hand, are much easier to modify. They offer multiple paths for amendments, and state constitutional amendments are frequently adopted. The current constitutions of the 50 states have been amended approximately 7,000 times. States like Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average.
The ease of amending state constitutions is attributed to their more majoritarian nature, allowing the majority to make changes through processes like the initiative process. For example, 18 states recognize the right to adopt amendments by constitutional initiative, and 17 states allow for citizen-initiated amendments. In 10 states, amendments can be approved by a majority vote in a single legislative session, the easiest route to legislative approval.
However, the right to amend state constitutions is facing challenges. State legislatures are imposing stringent signature requirements, supermajority approval mandates, and adopting deadlines and wording requirements for popular initiatives that do not apply to legislative proposals. Despite these obstacles, state constitutions remain a vital avenue for advancing individual liberties and equality, often providing greater protections than federal law.
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Frequently asked questions
A new constitutional amendment can be proposed either 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.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication.
The OFR drafts an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid.
The US Constitution was written to endure for ages to come, and amending it is not an easy task. It has only been amended 27 times since it was drafted in 1787. State constitutions, on the other hand, are much easier to modify and have been amended around 7,000 times.
