Eleanor Finch
The process of amending the US Constitution is a complex and lengthy one. Since 1789, there have been approximately 11,770 measures proposed to amend the Constitution, with around 200 amendments typically proposed during each two-year term of Congress. Of these, only 33 have been sent to the states for ratification, and just 27 have been successfully ratified and added to the Constitution. The authority to amend the Constitution is derived from Article V, which outlines a two-step process for proposing and ratifying amendments. Amendments can be proposed by Congress with a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once 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 process is administered by the Archivist of the United States and the Director of the Federal Register, who follow established procedures and customs. While the US Constitution has been amended multiple times, the process is challenging, and many proposed amendments never make it past the Congressional committees in which they were proposed.
| Characteristics | Values |
|---|---|
| Number of proposals made to the US Constitution | ~12,000 |
| Number of proposals made per session of Congress | 200 |
| Number of proposals made per two-year term of Congress | ~75 |
| Number of proposals made that have been sent to the states for ratification | 33 |
| Number of proposals made that have been ratified | 27 |
| Number of proposals made that have died in committee | ~330 |
| Number of proposals made that have been voted on by the full House or Senate since 1999 | 21 |
| Number of proposals made for a balanced budget amendment since 1999 | 134 |
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What You'll Learn
The US Constitution is difficult to amend
The US Constitution has been amended only 27 times since it was drafted in 1787. This is despite approximately 11,848 measures being proposed to amend the Constitution from 1789 through to January 3, 2019. The last ratified amendment was the 27th Amendment in 1992, and there have been no amendments since. This information alone highlights that the US Constitution is difficult to amend.
The US Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers intended for the document to be amended, but they wanted the process to be challenging. Article V sets out the primary paths for amending the Constitution, and it states that an amendment must 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 state legislatures. A proposed amendment then becomes part of the Constitution when ratified by legislatures or conventions in three-fourths of the states (38 out of 50 states). This is a difficult and time-consuming process. For example, the ERA Amendment did not pass the necessary majority of state legislatures in the 1980s.
The high threshold for amending the Constitution means that only the most significant changes are made. An amendment must be a major change affecting all Americans or securing the rights of citizens. For instance, the first and only time the House gave two-thirds approval to a balanced budget amendment was in 1995, as Members of the House of Representatives voted for the Contract with America.
The US Constitution is also difficult to amend because of the close political divide in Congress. This can make it challenging to reach the required two-thirds majority in both the House of Representatives and the Senate. For example, Republican House Speaker Mike Johnson stated that President Joe Biden's Supreme Court reform proposals were "dead on arrival" in the House, as they would require constitutional amendments.
The difficulty of amending the US Constitution has been acknowledged by some as an issue. A retired federal judge, Malcolm R. Wilkey, called for a new constitutional convention, stating that "the Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected". However, others argue that the number of proposed amendments is not uncommon and that political fixes do not necessarily belong in the Constitution.
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Amendments require a two-thirds majority vote
Amending the US Constitution is a challenging process. Since 1789, there have been approximately 11,770 measures proposed to amend the Constitution, with around 200 amendments typically proposed during each two-year term of Congress. However, only 33 of these proposals have advanced to the states for ratification, and just 27 have successfully become part of the Constitution.
The US Constitution grants Congress the authority to propose amendments under Article V. For an amendment to be proposed by Congress, it must secure a two-thirds majority vote in both the House of Representatives and the Senate. Achieving this supermajority requirement is a significant hurdle, as it necessitates substantial bipartisan support in both chambers. This requirement ensures that any proposed amendment has broad-based approval and is not merely a reflection of the political leanings of a single party or ideology.
Once an amendment is proposed by Congress, it is sent to the states for ratification. Here, again, the bar is set high, as ratification requires the approval of three-fourths of the states, or currently, 38 out of 50 states. This ensures that any change to the Constitution is widely accepted across the country and is not solely driven by the interests of a few states. The ratification process is managed by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
While Congress has the primary role in proposing amendments, it is important to note that the Constitution also provides for a national convention to propose amendments. This convention can be called by Congress upon the application of two-thirds of the state legislatures, or currently, 34 states. However, this procedure has never been utilised, and there are uncertainties about how it would be implemented in practice.
The two-thirds majority vote requirement for proposing amendments in Congress serves as a critical safeguard against hasty or partisan changes to the US Constitution. It ensures that any amendment reflects a strong consensus and helps maintain the stability and longevity of the nation's founding document.
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Amendments need ratification by three-quarters of states
Amending the US Constitution is a challenging and lengthy process. The Constitution grants the authority to propose amendments to Congress, with a two-thirds majority vote in both the House of Representatives and the Senate required. Alternatively, a constitutional convention can be called upon request by two-thirds of the state legislatures. However, this method has never been utilised.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification requires approval by three-quarters of the states, currently equivalent to 38 out of 50 states. This can be achieved through the state legislatures or state ratifying conventions in three-quarters of the states. The decision regarding the ratification method rests solely with Congress.
The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated certain duties to the Director of the Federal Register. After an amendment is ratified by the required number of states, the Director of the Federal Register acknowledges receipt and maintains custody of the documents.
The Archivist plays a crucial role in certifying that the amendment is valid and has become an official part of the Constitution. This certification is published in the Federal Register, serving as an official notice to Congress and the nation. While the Archivist does not determine the validity of state ratification actions, their certification regarding the legal sufficiency of ratification documents is considered final and conclusive.
Throughout history, numerous proposals have been introduced to amend the US Constitution. From 1789 to January 3, 2019, approximately 11,770 measures have been proposed. Since 1999, members of Congress have introduced 747 proposed amendments, covering various topics. However, only 33 amendments have been submitted to the states for ratification, and just 27 have successfully become part of the Constitution.
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Congress proposes amendments via joint resolution
The process of amending the US Constitution is a two-step procedure. For a proposal to be adopted and ratified, it must first be approved by a two-thirds majority in both the Senate and the House. This is known as a joint resolution. Congress then proposes the amendment, after which the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process.
The original document is sent directly to NARA's 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. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
The Archivist then submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). When the OFR verifies that it has received 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.
Since 1789, Congress has sent 33 constitutional amendments to the states for ratification. From 1789 through January 3, 2019, approximately 11,770 measures have been proposed to amend the US Constitution. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress.
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Amendments can be proposed by constitutional convention
The process of amending the United States Constitution is a two-step procedure. Proposals to amend it must be properly adopted and ratified before they can be implemented. A proposed amendment may be adopted and sent to the states for ratification by either: a two-thirds majority vote in both the House of Representatives and the Senate (Congress) or by a constitutional convention called for by two-thirds of the State legislatures (34 of the 50).
A constitutional convention, also known as an Article V Convention, is one of two methods authorized by Article Five of the United States Constitution for proposing amendments. On the application of two-thirds of the State legislatures, Congress shall convene a convention to propose amendments, which become law only after ratification by three-quarters of the states (38 of the 50).
The Article V convention method has never been used; all 27 amendments to the Constitution have been proposed by Congress. However, at the state level, more than 230 constitutional conventions have been convened in the United States. Since 1789, Congress has sent 33 constitutional amendments to the states for ratification.
The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is in charge of overseeing the ratification process after Congress proposes an amendment. The Archivist has assigned several of the administrative responsibilities connected with this function to the Director of the Federal Register. The Director of the Federal Register is in charge of keeping the records until an amendment is adopted or fails.
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Frequently asked questions
Approximately 12,000 proposals have been made since the US Constitution was created.
33 proposals have been ratified by Congress and sent to the states.
27 amendments have been added to the US Constitution.
Amending the US Constitution is a two-step process. First, a proposal must be adopted by either 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 state legislatures. Second, three-fourths of state legislatures must ratify the proposal for it to become an amendment.
