Jonah Patel
The process of amending the United States Constitution is a complex and lengthy one, with 27 successful amendments since its drafting in 1787. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments: a two-thirds majority vote in both houses of Congress, or a constitutional convention called for by two-thirds of state legislatures. The amendment process can also be initiated by citizens, with varying requirements across states. Once an amendment is proposed, it must be ratified by three-fourths of state legislatures or state ratifying conventions, depending on Congress's specified method. This process ensures that amendments have a significant impact on the country and protect the rights of citizens.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution since it was drafted in 1787 | 27 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments proposed by Congress | 27 |
| Number of amendments that can be proposed by Congress | Two-thirds majority vote in both the House of Representatives and the Senate |
| Number of amendments that can be proposed by a constitutional convention | Two-thirds of State legislatures |
| Number of States that must ratify an amendment for it to become part of the Constitution | 38 of 50 States (three-fourths) |
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What You'll Learn
The US Constitution has been amended 27 times since 1787
According to Article V of the US Constitution, there are two ways to amend the Constitution. Firstly, both the Senate and the House of the US Congress must propose an amendment with a two-thirds majority vote. It then needs to be voted on by state legislatures or state conventions and approved by at least three-fourths of the state legislatures or state conventions to become law.
The second method is for two-thirds of state legislatures to propose a National Convention. The amendment can then be officially proposed at this convention and, if it is ratified by three-fourths of the state legislatures or conventions in three-fourths of states, it becomes law.
A proposed amendment must have a significant impact on all Americans or secure the rights of citizens. Some examples of amendments include giving women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age to 18.
The amendment process is challenging, and not all proposed amendments are successful. For instance, an amendment to outlaw flag burning has gained some support, but it has not been passed. Similarly, proposals to allow voluntary school prayer, make English the official language, and abolish the Electoral College have not become amendments.
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Article V outlines two ways to amend the Constitution
Article V of the U.S. Constitution outlines two ways to amend the document. The Constitution has been amended 27 times since it was drafted in 1787, and the framers made it a challenging process to ensure its longevity.
The first method of amending the Constitution involves both the Senate and the House of the U.S. Congress proposing an amendment with at least a two-thirds majority vote. This proposal is then voted on by the state legislatures or state conventions. For an amendment to become a law, it must be approved by at least three-fourths of the state legislatures or state conventions (38 out of 50 states). This process ensures that a small minority cannot push through amendments that may not have broad support.
The second method outlined in Article V allows state legislatures to propose a National Convention with a two-thirds vote. In this National Convention, an amendment can be officially proposed, and it becomes a law if ratified by three-fourths of the state legislatures or conventions in three-fourths of the states. This method has never been used, but it provides a way for states to bypass Congress and propose amendments directly.
The process of amending the Constitution is deliberately challenging and time-consuming. The two-thirds majority requirement in both houses of Congress ensures that any proposed amendment has significant support at the federal level. Additionally, the requirement for ratification by three-fourths of the states ensures that amendments reflect the will of a broad cross-section of the country.
While the two methods outlined in Article V provide the primary mechanisms for amending the Constitution, there have been debates and discussions about other potential ways to amend the document. However, the authority to amend the Constitution ultimately derives from Article V, which sets forth the procedures that have been followed for all amendments to date.
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Congress proposes an amendment with a two-thirds majority
According to Article V of the U.S. Constitution, there are two ways to amend the Constitution. One of them is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging and time-consuming process, and any proposed amendment must have a significant impact on all Americans or secure the rights of citizens.
The process of proposing an amendment by Congress begins with a joint resolution. A two-thirds majority in both the House and the Senate is required for the proposal to pass. This means that at least two-thirds of the Members present in each chamber must vote in favour of the amendment, assuming a quorum is present. The President does not have a role in this process, and the joint resolution does not require their signature or approval.
Once the amendment is passed by Congress, it is forwarded to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR) within NARA. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
The proposed amendment is then submitted to the states for their consideration. The OFR sends a letter of notification to each state governor, along with the informational material. The governors then formally submit the amendment to their state legislatures. In some cases, a state may call for a convention, depending on Congress's specifications. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states).
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads NARA. The Archivist delegates many of the duties associated with the ratification process to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in 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 serves as official notice that the amendment process is complete.
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Three-quarters of state legislatures must ratify the amendment
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, indicating the rarity of successful amendments.
Article V of the U.S. Constitution outlines the two methods by which the Constitution can be amended. The first method involves both the Senate and the House of the U.S. Congress proposing an amendment with at least a two-thirds majority vote in favour. Subsequently, the amendment must be ratified by three-quarters of the state legislatures or state conventions to become a law. This means that out of the 50 states, 38 must ratify the amendment for it to pass.
The second method involves the state legislatures proposing a National Convention with a two-thirds majority vote. In this scenario, the amendment is officially proposed at the National Convention. For the amendment to become law, it must then be ratified by three-quarters of the state legislatures or conventions in three-quarters of the states.
It is important to note that the amendment process grants significant power to a minority of the country. If slightly more than one-third of either the House of Representatives or the Senate objects, it will not become an amendment. Additionally, Article V provides a potential mechanism for states to bypass Congress, although this route has never been utilised.
The ratification process for amendments is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticating signatures. Once an amendment is ratified by the required number of states, the Director drafts a formal proclamation for the Archivist to certify its validity.
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Conventions can propose amendments without Congress
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments adopted in 1791 as the Bill of Rights. Amending the Constitution is a difficult and time-consuming process. The amendment process typically involves a proposal by two-thirds of both houses of Congress, followed by ratification by three-fourths of the state legislatures.
However, there is another way to initiate the amendment process that bypasses Congress: state legislatures can propose a National or Constitutional Convention by securing the support of two-thirds of their peers. This convention method was included in the Constitution to address concerns about potential abuses of power by the federal government. George Mason, for instance, argued that:
> it would be improper to require the consent of the National Legislature, because they may abuse their power, and refuse their consent on that very account [...] no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive.
Despite this, no amendment has ever been passed through the convention method. Several factors contribute to this, including the fear of a "runaway convention", where a convention proposes amendments beyond its intended scope, and Congress's discretionary power to determine the validity of limited conventions and review and submit convention proposals.
While Congress has never officially tabulated convention applications, it is estimated that, as of 1981, thirty states had requested a convention for a balanced budget amendment.
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Frequently asked questions
There are two ways to amend the US Constitution.
The first way is for two-thirds of both houses of Congress to propose an amendment, which is then ratified by three-fourths of the state legislatures. The second way is for two-thirds of state legislatures to request Congress to call a Constitutional Convention, which has never happened before.
The President does not have a constitutional role in the amendment process, and any proposed amendment does not require the President's signature or approval.
There have been 27 amendments to the US Constitution since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later.
Constitutional conventions used to be called regularly, but in recent times, they have not been used to propose any of the 27 amendments.
