Simone Lawson
Amending the Constitution of the United States is a challenging and time-consuming process. Since it was drafted in 1787, there have only been 27 amendments, including the Bill of Rights. The process begins with a proposal by two-thirds of Congress or a constitutional convention called for by two-thirds of state legislatures. Subsequently, three-quarters of the states must ratify the amendment for it to become part of the Constitution. This intricate procedure has led to discussions on how to improve it, with suggestions ranging from lowering the threshold for constitutional change to bypassing state legislatures and empowering voters to directly ratify amendments.
| Characteristics | Values |
|---|---|
| Difficulty in amending the Constitution | The Constitution is "the world's most difficult to amend" |
| Consensus required for change | In an era of hyper-polarized politics, it is challenging to obtain the deep consensus required for constitutional change |
| Role of voters | Voters have been disempowered in the federal amendment process due to the interpretation of Article V, which refers to the role of state "legislatures" |
| State legislatures | State legislatures play a significant role in proposing and ratifying constitutional amendments, with some states requiring approval by a majority of voters |
| Constitutional convention | A constitutional convention has never been called, but it could be requested by two-thirds of the state legislatures or through a voter initiative in some states |
| Number of amendments | The Constitution has been amended 27 times since 1787, with varying frequencies among different states |
| Amendment process | Proposals must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states (38 out of 50) |
| Ratification process | The Archivist of the United States administers the ratification process, which includes examining ratification documents for legal sufficiency and authenticating signatures |
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What You'll Learn
Lower the threshold for constitutional change
Lowering the threshold for constitutional change could be one way to improve the amendment process in the US Constitution. The process of amending the Constitution is a difficult and time-consuming endeavour, with only 27 amendments since it was drafted in 1787. This is in stark contrast to state constitutions, which have been amended around 7,000 times.
One suggestion to lower the threshold could be to reduce the requirement for a two-thirds majority vote in both the House of Representatives and the Senate. This could be lowered to a simple majority, or a different threshold, such as three-fifths or half, could be implemented. This would make it easier to propose and pass amendments, increasing the likelihood of change.
Another suggestion is to allow for more frequent constitutional conventions, which have never been used to propose amendments. This could be done by lowering the threshold required to call for a convention from two-thirds of state legislatures. This would enable a more direct route to proposing amendments, bypassing the need for a two-thirds majority in Congress.
Additionally, the process of ratification by the states could be made less stringent. Currently, three-quarters of states (38 out of 50) must ratify an amendment for it to become part of the Constitution. Lowering this threshold would reduce the barrier to change. However, this could also be balanced with the need to ensure that any changes to the Constitution are widely supported and not just the result of narrow interests or partisan politics.
Furthermore, citizen-initiated amendments could be encouraged and made more accessible. Currently, only a few states allow for this, and even then, the requirements can be challenging. Lowering the threshold for citizen-initiated amendments, such as reducing the number of signatures required, could increase participation and make it easier to propose changes.
Overall, lowering the threshold for constitutional change could involve a combination of these suggestions, providing multiple avenues for proposing and passing amendments. This could potentially increase the responsiveness of the Constitution to the needs and desires of the American people. However, it is important to balance this with the need for stability and ensuring that any changes are well-considered and broadly supported.
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Change the order of operations
The process of amending the US Constitution is notoriously difficult. In over two centuries since its first drafting, there have been only 27 amendments, and none of these has been proposed by constitutional convention. The process of amending the Constitution is set out in Article V of the Constitution.
One way to improve this process could be to change the order of operations. This could mean lowering the bar for constitutional change, for example, by making it easier to call a constitutional convention. In the current system, two-thirds of state legislatures must request a convention, but voters have no power to force this process. This has led to criticism that the system is too influenced by interest groups and legislators seeking re-election, and that voters are disempowered.
One proposal to change the order of operations is to allow voters to bypass state legislatures and call a convention directly. This would require a reinterpretation of Article V, which currently assigns important roles to state legislatures in both the proposal and ratification of amendments. With this change, voters could ratify popular proposals without legislative interference, and states might call a constitutional convention for the first time.
Another way to change the order of operations could be to allow amendments to be proposed and ratified by citizen-initiative processes. Seventeen states currently allow this, with varying requirements for the number of signatures needed. This could be combined with the above proposal to allow voters more direct control over the amendment process, without needing to rely on state legislatures.
Changing the order of operations in this way would require a reinterpretation of Article V, or an amendment to the Constitution itself. This presents a paradox: how can we amend the Constitution's amendment process if it is so difficult to amend? However, by recognising that this difficulty is due not only to the text of Article V but also to its interpretation, it may be possible to make changes without formally amending the Constitution.
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Allow voters to bypass state legislatures
Amending the US Constitution is a challenging and time-consuming process. It has only been amended 27 times since 1787, and none of these amendments have been proposed by constitutional convention. In contrast, state constitutions are amended regularly and with greater ease.
One way to improve the amendment process in the US Constitution could be to allow voters to bypass state legislatures. This would enable citizens to propose and approve amendments without the need for legislative approval. Currently, in most states, legislators play a significant role in the amendment process, either by proposing amendments themselves or by approving amendments put forward by citizens.
In a small number of states, voters can already bypass the legislature to a certain extent. For example, in 14 states, referendums on holding a constitutional convention are automatically placed on the ballot at regular intervals, ranging from 10 to 20 years. This allows voters to decide directly if a convention should be held without requiring legislative approval. Additionally, in eight states, it is possible to bypass the legislature and call a convention through a citizen-led initiative process.
Allowing voters to bypass state legislatures more widely could increase citizen participation and engagement in the amendment process. It could also provide a mechanism for proposing amendments that address issues of concern to the people, potentially leading to a more responsive and adaptable Constitution. However, it is important to consider the potential challenges and consequences of such a change.
Implementing a process for voters to bypass state legislatures would require careful consideration and design to ensure effectiveness and prevent abuse. For example, mechanisms would need to be in place to ensure that only amendments with significant citizen support could bypass the legislature. Additionally, there may be concerns about the potential for special interest groups or lobbyists to unduly influence the process, particularly in smaller states or those with less stringent requirements for citizen-initiated amendments.
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Empower voters to ratify popular proposals
Empowering voters to ratify popular proposals is a key part of the amendment process for state constitutions. All states except Delaware require voters to ratify proposed state constitutional amendments, with 891 out of 1,244 proposed amendments being approved by voters between 2006 and 2024.
The process of empowering voters to ratify popular proposals varies across states. For example, in Alabama, a simple majority in each chamber during a legislative session is required to send a constitutional convention question to voters, while in California, two-thirds of the membership of each chamber of the state legislature must propose an amendment, which then goes on a statewide ballot.
In some states, there are multiple paths to amending the constitution. For instance, in Massachusetts, the constitution can be changed through a constitutional convention and subsequent ratification from voters, or through a simple majority of voters approving proposed amendments. Similarly, Illinois allows amendments to be approved by either three-fifths of voters on the amendment or by a majority of voters in the entire election.
At the federal level, the process of amending the Constitution is more challenging. The Constitution has only been amended 27 times since it was drafted in 1787, and amendments 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 the state legislatures.
Overall, empowering voters to ratify popular proposals is an important aspect of the amendment process, particularly at the state level, where voters play a crucial role in approving changes to their state constitutions.
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Enable citizens to propose amendments
The process of amending the US Constitution is a challenging and time-consuming endeavour. It has been amended only 27 times since 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The Constitution outlines two methods for proposing amendments: through Congress or by a constitutional convention.
Enabling citizens to propose amendments directly is not currently a method provided for by the Constitution. However, citizens can indirectly influence the process by advocating for their representatives in Congress to propose amendments or by encouraging their state legislatures to call for a constitutional convention.
To propose an amendment, Congress requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. The proposed amendment is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
Alternatively, two-thirds of state legislatures (34 of 50 States) can call for a constitutional convention to propose amendments. However, this method has never been used to propose any of the existing amendments. After a constitutional convention proposes an amendment, it is submitted to the states for ratification, just as with amendments proposed by Congress.
Regardless of the proposal method, an amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 of 50 States). State legislatures can act on a proposed amendment before receiving official notification. Once a state ratifies, it sends an original or certified copy of the action to the Archivist of the United States, who administers the ratification process, and the Director of the Federal Register.
While citizens cannot directly propose amendments, they can influence their representatives and state legislatures to initiate the process and drive change. This indirect method of citizen involvement ensures that any proposed amendments have broad support and are thoroughly considered before becoming part of the Constitution.
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Frequently asked questions
The US Constitution has been amended 27 times since 1787. Amendments can be proposed by two-thirds of Congress or by two-thirds of state legislatures requesting a constitutional convention. Amendments become part of the Constitution when they are ratified by three-quarters of the states.
The US Constitution is considered the world's most difficult constitution to amend. This is partly due to the text of Article V, which outlines the amendment process, and how it has been interpreted. For example, the Supreme Court's ruling in Hawke v. Smith in 1920 disempowered voters in the federal amendment process.
Two-thirds of Congress must propose an amendment, which must then be ratified by three-quarters of state legislatures. This process has been used for all 27 amendments to the US Constitution.
Voters could be given the power to apply for a constitutional convention and ratify proposed amendments without legislative interference. This would require a change to how the Ratification Clause in the Constitution is interpreted, as the current interpretation gives power to state legislatures.
State constitutions vary in how often they are amended and the processes they follow. Some states require amendments to be approved by a majority of voters, while others set signature collection requirements for amendment supporters. Some states also allow for citizen-initiative processes or the use of conventions to propose amendments.
