Omar Bennett
Changing amendments is a challenging process, with the US Constitution being considered the world's most difficult to amend. The Proposal Clause outlines two methods for proposing constitutional amendments: securing a two-thirds majority in each house of Congress, or having two-thirds of state legislatures apply to Congress for a national constitutional convention. Once proposed, Congress selects a ratifier: either three-quarters of state legislatures or three-quarters of state constitutional conventions. While there have been numerous proposals, only 27 amendments have been ratified, with the last one occurring in 1992. The political divide and the need for a deep consensus further complicate the process. Some suggest amending the amendment process itself, but this presents a paradox. The interpretation of Article V, as decided in Hawke v. Smith in 1920, disempowered voters in the federal amendment process, adding another layer of complexity.
| Characteristics | Values |
|---|---|
| Difficulty Level | Hard to amend |
| Number of Measures Proposed | 11,848 |
| Number of Amendments Ratified | 27 |
| Number of Amendments Passed by Congress | 33 |
| Last Ratified Amendment | 27th Amendment in 1992 |
| Average Time Between Amendments | Once every 112 years |
| Role of State Legislatures | Key in three out of four paths for constitutional change |
| Role of Voters | Disempowered in the federal amendment process due to Hawke v. Smith (1920) |
| Proposal Clause Requirements | Two-thirds of each house of Congress or two-thirds of state legislatures to make an application for a national constitutional convention |
| Ratification Clause Requirements | Congress chooses between three-quarters of state legislatures or three-quarters of state constitutional conventions |
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What You'll Learn
- The Proposal Clause outlines two ways to propose constitutional amendments
- Ratification Clause empowers Congress to choose between two ratifiers
- State legislatures play a key role in three out of four paths for constitutional change
- The US Constitution is the world's most difficult to amend
- Only 27 amendments have been ratified out of 33 passed by Congress
The Proposal Clause outlines two ways to propose constitutional amendments
The second method, which has never been used, is called the convention method. This method allows two-thirds of the states to apply for a convention to propose amendments. However, Congress has the discretion to determine whether the requisite number of states have agreed on a single subject to apply for a convention and may refuse to submit amendments resulting from such a convention to the states for ratification. This method was designed to prevent two-thirds of the states from subverting the others and to ensure that amendments are proposed by Congress, which is more likely to consider the interests of all the states.
The first method, proposing amendments through Congress, has been the only successful method for initiating constitutional change so far. When Madison submitted the proposals from which the Bill of Rights evolved, he intended for them to be incorporated into the original text of the Constitution. However, the House decided to propose them as supplementary articles, a method that has been followed since.
Overall, the Proposal Clause provides two methods for proposing constitutional amendments, with the first method being the more commonly used and successful approach.
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Ratification Clause empowers Congress to choose between two ratifiers
The process of amending the United States Constitution is a difficult and time-consuming task. The Constitution has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. The Ratification Clause of Article V empowers Congress to choose between two ratifiers: three-quarters of state legislatures or three-quarters of state constitutional conventions. These options provide four potential paths for constitutional change, with state legislatures playing a crucial role in three of them.
The first method for proposing an amendment is for two-thirds of each house of Congress to propose amendments. The second method is for two-thirds of state legislatures to request that Congress call a national constitutional convention to propose amendments. Once an amendment has been proposed, Congress can choose one of the two ratifiers specified in the Ratification Clause.
The state legislatures are responsible for enacting laws for the state. However, Congress can also provide that states must call conventions specifically for the purpose of deciding whether to ratify an amendment. With the exception of the Twenty-First Amendment, every amendment to date has been ratified by state legislatures.
The process of amending the Constitution involves several steps. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The amendment process is designed to be challenging, ensuring the longevity and stability of the Constitution. Any proposed amendment must have a significant impact on all Americans or secure the rights of citizens. While there have been various proposals and efforts to amend the Constitution, the process remains rigorous and meticulous, reflecting the careful consideration given to any potential changes to the nation's foundational document.
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State legislatures play a key role in three out of four paths for constitutional change
State legislatures play a crucial role in three out of the four main paths to constitutional change. Firstly, state legislatures can directly generate amendments, which is the most common method, accounting for over 80% of constitutional amendments considered and approved annually across the country. The process for legislatures to craft amendments varies by state. For instance, in Delaware, amendments are enacted once approved by a two-thirds legislative vote in consecutive sessions, without requiring voter ratification. In contrast, most other states require voter ratification of legislature-crafted amendments, with a simple majority vote sufficient in most cases. However, some states, like New Hampshire, Florida, and Colorado, mandate a supermajority vote for ratification.
Secondly, state legislatures can call for constitutional conventions, which is another avenue for constitutional change. While less frequently used in recent decades, conventions are typically initiated by legislators, who must approve a convention referendum. The majority of states require a simple majority legislative vote to call a convention referendum, while others demand a supermajority legislative vote. After a convention is called, a referendum on holding the convention is usually submitted to voters for approval, though a few states do not require this step.
Thirdly, in all but one state, legislators cannot block citizen-initiated amendments from appearing on the ballot if supporters meet the signature and legal requirements. However, Massachusetts is an exception, as citizen-initiated amendments must first secure the support of one-fourth of the legislature, in two consecutive sessions, before progressing to the ballot. Once on the ballot, citizen-initiated amendments typically require ratification by a simple majority of voters, though some states, like Nevada, demand approval in two consecutive elections.
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The US Constitution is the world's most difficult to amend
The US Constitution is widely regarded as the world's most difficult legal document to amend. It has been described as "ancient and virtually impervious to amendment", with the last successful amendment taking place in 1992. This was the 27th Amendment, which addressed technicalities regarding pay raises for congressmen.
The US Constitution's Article V outlines the primary paths for amending the document. 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).
The US's two-party system means that no party ever achieves a two-thirds majority at the federal level, requiring bipartisan support for any amendment. The nation's increasing political partisanship makes it harder for parties to work together, and there has not been a subject that has passed this threshold since 1992. The alternative mechanism of a constitutional convention has never been used, and it is unlikely that two-thirds of states could agree on any issue.
The US Constitution is also relatively simple compared to other countries' constitutions, outlining the rough structure of the federal government, its rights, and its relationship with states. Most issues are therefore addressed through legislation and state law, and very few issues require a constitutional amendment.
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Only 27 amendments have been ratified out of 33 passed by Congress
The United States Constitution has been amended only 27 times since it was drafted in 1787, despite approximately 11,848 proposals to amend it having been introduced in Congress since 1789. This is because the framers made the process of amending the Constitution deliberately difficult, requiring any changes to have a major impact on the country or secure citizens' rights.
For an amendment to become part of the Constitution, it must first be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, where it must be ratified by three-fourths of the state legislatures (38 states since 1959). This can be done either through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The process is overseen by the Archivist of the United States, who administers the ratification process and issues a certificate when an amendment becomes an operative part of the Constitution.
Since the early 20th century, Congress has often stipulated that an amendment must be ratified within seven years of being submitted to the states. This was affirmed by the Supreme Court of the United States in 1939 in Coleman v. Miller, which declared that Congress could determine the time frame for ratification. However, in the absence of a deadline, an amendment can remain pending indefinitely and be ratified long after being proposed.
Of the 33 amendments proposed by Congress and sent to the states, six have not been ratified by the required number of states. Four of these amendments are still pending, one has failed by its terms, and another has failed by the terms of the resolution proposing it. The process of amending the Constitution is challenging and time-consuming, and only a small proportion of proposed amendments have successfully become part of the Constitution.
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Frequently asked questions
The process to change an amendment is outlined in Article V of the US Constitution. It involves proposing an amendment, which can be done 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 proposed amendment is then submitted to the states for their consideration. Once it is ratified by three-fourths of the states, it becomes part of the Constitution.
The amendment process is known to be difficult and time-consuming. Generally, a proposed amendment to a federal rule takes about three years to be considered and adopted.
The key players in the process include Congress, the Archivist of the United States (who heads the National Archives and Records Administration, NARA), the Director of the Federal Register, and the state governors and legislatures.
Yes, the Constitution has been amended 27 times since 1787, including the first 10 amendments adopted as the Bill of Rights. Notable amendments include giving women the right to vote, abolishing poll taxes, and lowering the minimum voting age.
There is debate among scholars regarding the exclusivity of Article V. Some argue that it is the only legitimate means of amending the Constitution, while others suggest that there may be other routes, such as through sustained political activity or the people's legal right to alter the government.
