Simone Lawson
Amending the US Constitution is a challenging process, with only 27 amendments ratified out of 33 passed by Congress. Article V outlines two primary 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. Proposed amendments become part of the Constitution when ratified by three-fourths of state legislatures. While the convention method has never been used, it may prompt Congress to propose an amendment on a specific issue. The last ratified amendment was in 1992, underscoring the process's difficulty.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | 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 |
| When does a proposed amendment become part of the Constitution? | When ratified by legislatures or conventions in three-fourths of the states (38 of 50 states) |
| How many amendments have been ratified? | 27 out of 33 passed by Congress and sent to the states |
| How many measures have been proposed to amend the Constitution? | 11,848 from 1789 through Jan. 3, 2019 |
| Has the convention method for proposing amendments ever been used? | No |
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What You'll Learn
- Amendments must be proposed by Congress with a two-thirds majority in both the House and Senate
- Alternatively, two-thirds of state legislatures can call a constitutional convention
- A proposed amendment becomes part of the Constitution when ratified by three-fourths of state legislatures
- Congress has never called an Article V convention, despite hundreds of calls by state legislatures
- The last ratified amendment was the 27th Amendment in 1992
Amendments must be proposed by Congress with a two-thirds majority in both the House and Senate
The process of amending the Constitution is outlined in Article V, which sets out two primary paths for proposing amendments. One of these paths involves Congress, with a two-thirds majority in both the House and the Senate, proposing amendments. This process underscores the importance of achieving a strong consensus in Congress before any changes are made to the nation's foundational document.
To be specific, the House of Representatives and the Senate each need to have two-thirds of their members voting in favour of the proposed amendment for it to pass this stage. This high threshold ensures that any changes to the Constitution are broadly supported by a supermajority in Congress, reflecting a strong degree of agreement across political divides.
The two-thirds majority requirement in both chambers of Congress serves as a critical safeguard against hasty or partisan changes to the Constitution. It encourages thoughtful deliberation and the building of consensus, ensuring that amendments are carefully considered and broadly acceptable to a wide range of political perspectives. This process is designed to protect the stability and longevity of the Constitution, ensuring that it remains a durable framework for governing the nation.
While achieving a two-thirds majority in both the House and the Senate is challenging, it is not an impossible hurdle. It encourages compromise and negotiation, fostering an environment where lawmakers work together to address the nation's most pressing issues and find solutions that can endure the test of time. This process reflects the Framers' intention to create an enduring document that can adapt to the changing needs of a growing nation while preserving its fundamental principles.
Once an amendment is proposed by Congress with the required supermajority, it still needs to go through the ratification process outlined in Article V. This involves gaining approval from state legislatures or ratification conventions, further emphasising the role of the states in the amendment process and ensuring that any changes to the Constitution reflect the will of the people across the country.
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Alternatively, two-thirds of state legislatures can call a constitutional convention
The process of amending the US Constitution is outlined in Article V, which establishes two methods for proposing amendments. One of these methods involves calling a constitutional convention upon the request of two-thirds of state legislatures. This process has never been used, and there are several unresolved questions surrounding it.
To initiate this process, two-thirds of state legislatures must make an application or request to Congress for a constitutional convention. This step is known as the "application of the Legislatures of two-thirds of the several States." It's important to note that there are complexities and debates surrounding the state application process. For instance, it's unclear how to determine if state applications address the same subject matter or if these applications have an expiration date.
Once Congress receives applications from two-thirds of the states, Article V states that Congress is obligated to call for a convention. This interpretation is based on the writings of Alexander Hamilton in the Federalist Papers, where he asserted that Congress would be bound to act on such a request. Despite this interpretation, Congress has never deemed Article V's threshold for calling a convention to be met.
At the constitutional convention, amendments to the Constitution are proposed and discussed. This convention provides an alternative avenue for proposing amendments outside of Congress. However, it's important to note that even if an amendment is proposed through a convention, it must still go through the ratification process to become part of the Constitution.
For an amendment to be ratified, it must be approved by either the legislatures or conventions in three-fourths of the states (38 out of 50 states). This step ensures that any changes to the Constitution are widely accepted and supported by a significant majority of the country. The ratification process applies to amendments proposed by Congress or a constitutional convention, ensuring a consistent path to finalisation.
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A proposed amendment becomes part of the Constitution when ratified by three-fourths of state legislatures
Amending the US Constitution is a challenging process, as the nation's founders intended for it to be an "enduring" document. Article V outlines the two primary paths for amending the Constitution. The first path involves a proposal by Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The second path is through a constitutional convention called for by two-thirds of state legislatures.
Once a proposed amendment has navigated one of these paths, it must then be ratified to become part of the Constitution. Ratification requires approval by three-fourths of state legislatures, which equates to 38 out of 50 states. This step can also be achieved through conventions in three-fourths of the states, depending on the mode of ratification proposed by Congress.
The high threshold for ratification ensures that any changes to the Constitution reflect the consensus of a supermajority of states. This process has resulted in a relatively small number of amendments throughout US history. Since 1789, only 27 amendments have been ratified out of 11,848 measures proposed as of January 3, 2019. The last ratified amendment was the 27th Amendment in 1992, which addressed the compensation of Senators and Representatives.
The process of amending the Constitution is deliberately challenging, and the requirement of ratification by three-fourths of state legislatures underscores the importance of broad support and consensus across the nation for any changes to this foundational document. While some have argued for making the Constitution easier to amend, the current process ensures that any alterations reflect the will of a significant majority of the country.
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Congress has never called an Article V convention, despite hundreds of calls by state legislatures
The process of amending the US Constitution is outlined in Article V of the US Constitution. It states that amendments 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 state legislatures (34 out of 50 states). Once proposed, an amendment becomes part of the Constitution when it is ratified by legislatures or conventions in three-fourths of the states (38 out of 50).
Despite being outlined in the Constitution, Congress has never called an Article V convention, even though there have been hundreds of calls by state legislatures on various subjects. This is partly due to concerns about the potential consequences of such a convention. For example, law professor emeritus William A. Woodruff has highlighted the potential for unintended outcomes, and Peter M. Shane has suggested that a convention could be more malapportioned than Congress, leading to further polarization in state-level politics.
The idea of an Article V convention has gained traction among certain groups seeking to "rein in the federal government" or promote specific causes, such as overturning Supreme Court decisions. For instance, in 2015, Citizens for Self-Governance launched a project called Convention of the States to advocate for an Article V Convention, and their resolution has since passed in 19 states. Similarly, Wolf-PAC has used this method to promote its goal of overturning the Citizens United v. FEC decision, with their resolution passing in five states.
While these efforts demonstrate a significant level of support for an Article V convention, Congress has yet to call for one. This may be due to the potential challenges and uncertainties associated with the process, as well as the already close political divide in Congress.
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The last ratified amendment was the 27th Amendment in 1992
The process of amending the Constitution of the United States is outlined in Article V of the original Constitution. An amendment must 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 state legislatures. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of state legislatures (38 out of 50 states).
On May 5, 1992, Alabama became the 38th state to ratify the amendment, finalising its addition to the Constitution. The amendment was certified by the Archivist of the United States, Don W. Wilson, on May 18, 1992, and published in the Federal Register the following day. The 27th Amendment aims to reduce corruption in the legislative branch by requiring an election before a congressperson's salary increase takes effect, allowing the public to remove members of Congress from office before their salaries increase.
Despite the amendment's ratification, there was some controversy regarding the process. Senator Robert Byrd of West Virginia criticised Wilson for certifying the amendment without congressional approval, arguing that he had deviated from "historic tradition". In response, Speaker of the House Tom Foley and others called for a legal challenge to the ratification. However, on May 20, 1992, each house of the 102nd Congress passed a concurrent resolution agreeing that the amendment was validly ratified, with the Senate voting 99-0 and the House voting 414-3.
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