Omar Bennett
The process of amending the US Constitution is a complex and challenging endeavour, as the framers intended when it was drafted in 1787. Since then, the Constitution has been amended only 27 times, with the most recent amendment being the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition. To amend the Constitution, two-thirds of both Houses of Congress must propose an amendment, which is then ratified by three-fourths of the state legislatures (38 out of 50 states). This process is facilitated by the Archivist of the United States, who administers the ratification process, and the Director of the Federal Register, who examines ratification documents. States also have their own processes for amending their constitutions, which are generally more straightforward than amending the federal Constitution. These state-level amendment processes vary, with some states requiring majority or supermajority legislative support and others utilising citizen-initiative processes.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of amendments to State Constitutions | ~7,000 |
| Number of States that provide another path for enacting amendments via citizen-initiative processes | 17 |
| Number of States that provide for an automatic constitutional convention question | 14 |
| Number of States that require legislatures to approve amendments in one legislative session | 36 |
| Number of States that require amendments to be passed in one or two successive legislative sessions | 4 |
| Number of States that require legislatures to approve amendments in two legislative sessions | 9 |
| Number of States with a process for initiated constitutional amendments | 18 |
| Number of States with laws that lay out how a constitutional convention can be called | 44 |
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What You'll Learn
The US Constitution has been amended 27 times
Once an amendment is proposed, it is sent to the states for ratification. Congress determines the method by which the states must ratify the amendment. The first method, used for 26 of the 27 amendments, requires ratification by three-fourths of the state legislatures (38 out of 50 states). The second method, specified by Congress only once, for the Twenty-First Amendment, required ratification by three-fourths of state ratifying conventions.
The process of amending the US Constitution is deliberately designed to be difficult. While there have been approximately 11,848 proposals to amend the Constitution since 1789, the majority of these have failed to gain traction. The US Constitution has been amended far fewer times than state constitutions, which have been amended around 7,000 times. State legislatures generate more than 80% of constitutional amendments, and states vary in the requirements for crafting amendments, with some requiring majority support and others supermajority support. Additionally, 17 states allow for citizen-initiative processes for enacting amendments, where citizens propose amendments and gather signatures to qualify them for the ballot.
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State constitutions are amended regularly
State constitutions are not static documents and are amended regularly. The constitutions of the 50 states have been amended around 7,000 times. The U.S. Constitution, on the other hand, has only been amended 27 times. State constitutions are much easier to modify, and state constitutional amendments are adopted on a regular basis.
The frequency of amendments to state constitutions reflects a commitment to popular sovereignty and majoritarianism. Each amendment introduces a new provision or modifies an existing one, creating a new constitutional moment and bringing a new group of framers and ratifiers into the process. This dynamic nature of state constitutions has implications for scholars and practitioners interested in interpreting constitutional provisions.
States offer multiple paths for amending their constitutions, and these vary from state to state. State legislatures generate more than 80% of constitutional amendments considered and approved annually. However, the requirements for legislatures to craft amendments differ across states. Some states require amendments to secure the backing of a simple majority of legislators, while others mandate supermajority legislative support. The number of legislative sessions needed to express this support may be one or two consecutive sessions, depending on the state.
The easiest way to gain legislative approval for an amendment is through a majority vote in a single session, which is possible in 10 states. Twenty-five states have a higher threshold, requiring a supermajority legislative vote in a single session. Of these, nine states demand a three-fifths vote, and sixteen require a two-thirds vote.
In addition to legislative amendments, citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted annually across the country. However, in states like California and Colorado, citizen-initiated amendments are considered more frequently. Seventeen states currently allow amendments via citizen-initiative processes, with varying procedures for qualifying these amendments for the ballot. Most states require amendment proponents to gather a certain number of signatures in support, usually tied to the number of votes cast in the last gubernatorial election. Arizona and Oklahoma have the highest bar, requiring 15% of the previous election's votes, while Massachusetts has the lowest at 3%.
Amending the Constitution: Understanding the Process
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Congress proposes amendments with a two-thirds majority
The process of amending the United States Constitution is a complex and challenging endeavour, as the framers intended when they drafted the document in 1787. The Constitution has been amended only 27 times since then, and the process begins with proposals from Congress or state legislatures. Congress, with its authority derived from Article V of the Constitution, can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This process, outlined in Article V, has never resulted in a constitutional convention, despite being a viable option.
The two-thirds majority requirement in both chambers of Congress ensures that any proposed amendment has significant bipartisan support and is not a reflection of transient political sentiments. This safeguard ensures that amendments are rooted in enduring principles rather than fleeting political whims. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA plays a crucial role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format.
The OFR also assembles an information package for the states, providing them with formal copies of the joint resolution. This package serves as the basis for the states' consideration and ratification process. The amendment process is deliberately designed to be time-consuming, allowing for thorough deliberation and ensuring that any changes made to the Constitution are carefully considered and widely accepted. This lengthy process reflects the framers' intention to create a durable and enduring Constitution.
After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. While Article V does not describe the ratification process in detail, the Archivist follows established procedures and customs, including delegating certain duties to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register for examination and custody.
The amendment process concludes when three-fourths of the states (38 out of 50) ratify the proposed amendment. At this point, the OFR 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 signing of this certification has become a ceremonial event attended by dignitaries, including, at times, the President.
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Three-fourths of state legislatures must ratify an amendment
The United States Constitution has been amended only 27 times since it was drafted in 1787. Amending the Constitution is a difficult and time-consuming process. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed by Congress, it must be ratified by three-fourths of the state legislatures, i.e., 38 out of 50 states. This is the most common method of ratification. The legislatures of 49 states vote on constitutional amendments to refer them to the ballot for voter consideration. Delaware is the only exception, with the legislature voting on constitutional amendments but not requiring voter approval.
The first step in the ratification process is for the governors to formally submit the amendment to their state legislatures. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The second method of ratification, specified by Congress only once for the Twenty-First Amendment, which repealed Prohibition, requires three-fourths of the states to approve the amendment through ratifying conventions.
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Amendments can be proposed by constitutional convention
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is worth noting that the U.S. Constitution is difficult to change and has only been amended 27 times, while state constitutions are amended regularly and more easily.
Amendments can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
The process of proposing an amendment through a constitutional convention is as follows: first, two-thirds of the State legislatures must call for a convention. Then, Congress calls for a convention for proposing amendments. Once the convention has drafted the amendment, it is submitted to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material. The Governors then formally submit the amendment to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register.
The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them. Once 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. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed.
It is important to note that there is an ongoing debate among scholars about the convention method for proposing amendments. While some argue that Congress must call a convention upon the request of two-thirds of the States, others contend that Congress can review applications for a convention and is not obligated to submit a proposed amendment to the States.
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Frequently asked questions
An amendment must be ratified by three-fourths of the states, which is 38 out of 50 states.
The US Constitution has been amended 27 times since it was drafted in 1787.
This varies from state to state. For example, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend theirs only once every three to four years on average.
This also varies from state to state. Some require a simple majority of legislators, while others require a supermajority legislative support.
