Jonah Patel
The United States Constitution has only 27 amendments because its framers intended for the process to be difficult. Amending the Constitution was never meant to be simple or haphazard. In fact, the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, is the only amendment that has ever been repealed with the adoption of the 21st Amendment. There are two ways to repeal an amendment: one is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes, and then be ratified by three-fourths of the states; the second way is to have a Constitutional Convention, which would require two-thirds of state legislatures to call for it, and the drafted amendments would again have to be ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Difficulty of amending the Constitution | Very difficult |
| Process of amending the Constitution | Proposed by Congress or through a constitutional convention demanded by state legislatures |
| Number of amendments proposed in Congress | 11,699 |
| Number of amendments approved by Congress but never ratified by states | 6 |
| Number of amendments repealed | 1 (the 18th Amendment) |
| Number of amendments currently under debate for repeal | 4 (2nd, 16th, 17th, and 22nd Amendments) |
| Number of states required to ratify an amendment | 38 of 50 (or three-fourths) |
| Authority to amend the Constitution | Article V of the Constitution |
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What You'll Learn
Amendments can be proposed by Congress
The process of amending the Constitution was designed to be challenging. The U.S. Constitution has only 27 amendments, and its framers wanted to prevent any frivolous or haphazard changes. Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures.
Congress proposes an amendment in the form of a joint resolution. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process. For an amendment to be approved, a two-thirds supermajority vote in both the House and the Senate is required.
Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded 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, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.
The Archivist 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. 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 OFR 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). 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.
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Ratification by three-fourths of the states
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. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then forwarded to the Director of the Federal Register. The OFR examines the 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 OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation. 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 US Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed. It is worth noting that the process of amending the Constitution was designed to be challenging, reflecting the framers' intention that it should never be amended frivolously or haphazardly.
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The President's role in the process
The process of repealing an amendment to the US Constitution is a challenging one, and the President does not have a formal role in it. The Constitution's Article V outlines the process, which requires a proposal by two-thirds of the House and Senate, or a constitutional convention called for by two-thirds of state legislatures.
While the President does not have a constitutional role in the amendment process, they can still play a significant part. The President can express their opinion on proposed amendments and attempt to persuade Congress to vote in favour of or against them. This can be a powerful tool for the President to influence the direction of the country without directly altering the Constitution.
The President's role in the amendment process is, therefore, indirect but can be influential. They can shape the debate and influence the decisions of Congress, which has the power to propose and approve amendments. The President's role is also limited by the checks and balances of the US political system, ensuring that no single branch of government has too much power.
In conclusion, while the President does not have a direct role in repealing an amendment, they can exert influence through their opinion and attempts at persuasion. Their role is limited by the Constitution, which ensures a careful and considered process for any changes to the nation's founding document.
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The Archivist's role in the process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of an amendment to the Constitution. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
The Archivist also collects state ratifications and certifies amendments as part of the Constitution once three-fourths of the states (38 out of 50 states) ratify them. The Office of the Federal Register assists the Archivist with this task. The Archivist does not make any substantive determinations as to the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive. 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.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The Archivist's certification of an amendment is a rare occurrence, as amendments are rarely passed.
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Constitutional Convention
The process of amending the U.S. Constitution is a challenging and deliberate procedure, reflecting the framers' intention to prevent frivolous or haphazard changes. The Constitution has only been amended 27 times since its ratification in 1788, with the most recent amendment occurring in 1992.
A Constitutional Convention is one of two methods to repeal an amendment. It requires a two-thirds majority of state legislatures to call for the convention, and the states would then draft amendments. This process has never been used to propose any of the existing 27 amendments. The high threshold for calling a Constitutional Convention underscores the difficulty of amending the Constitution through this method.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist, along with the Director of the Federal Register, follows established procedures and customs, ensuring the integrity of the process.
The other method to repeal an amendment is through a proposal by two-thirds of Congress (both the House and the Senate), followed by ratification by three-fourths of the states. This process has been used to repeal the 18th Amendment with the adoption of the 21st Amendment, which ended Prohibition.
It is important to note that the President does not have a constitutional role in the amendment process, and any changes to the Constitution are intended to improve, correct, or revise the original document. The Supreme Court's decisions and Congress's legislative powers also play a role in interpreting and expanding the Constitution to address unforeseen circumstances.
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Frequently asked questions
There are two ways to repeal an amendment: the first is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes, and then be ratified by three-fourths of the states. The second way is to have a Constitutional Convention, which would require two-thirds of state legislatures to call for it. The states would then draft amendments, which would have to be ratified by three-fourths of the states.
Only one amendment, the 18th Amendment, which established Prohibition, was later repealed by the 21st Amendment.
In recent years, three amendments have been discussed for repeal: the 17th Amendment (the direct election of Senators), the 16th Amendment (the federal income tax), and the 22nd Amendment (presidential term limits). Additionally, there has been public debate about repealing the Second Amendment, which guarantees "the right of the people to keep and bear Arms".
