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The United States Constitution has only 27 amendments because its framers intended for the process to be difficult. Amendments are intended to improve, correct, or revise the original document. While there is no formal independent repeal process for constitutional amendments, there are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention. It would take two-thirds of state legislatures to call for this convention and the states would draft amendments, which would have to be ratified by three-fourths of the states. The Supreme Court cannot overturn an amendment as their purpose is to interpret the Constitution.
| Characteristics | Values |
|---|---|
| Number of amendments to the U.S. Constitution | 27 |
| Number of proposed amendments | 11,699 |
| Number of amendments repealed | 1 |
| Number of amendments requiring repeal | 0 |
| Difficulty of amending the Constitution | High |
| Authority to amend the Constitution | Congress or a Constitutional Convention |
| Ratification requirement for amendments | Three-fourths of the states |
| Supreme Court's authority to overturn amendments | None |
| Constitutional Convention requirement for repeal | Two-thirds of state legislatures |
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What You'll Learn
Amendments can be proposed by Congress
The Constitution of the United States is a powerful document that outlines the powers of the federal and state governments and protects individuals' rights. Amending it was never intended to be a simple task. Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures.
Article V of the Constitution establishes the two ways in which it may be amended. Firstly, "The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution". This means that Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method for proposing amendments that has been used thus far, with Congress having proposed thirty-three constitutional amendments using this procedure.
The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method has been the subject of much debate among scholars. There are several issues under discussion, including whether Congress must call a convention upon receiving the requisite number of state applications and whether Congress can control aspects of the convention, such as the rules of procedure.
Once an amendment has been proposed by Congress, 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 of the duties associated with this function to the Director of the Federal Register. The proposed amendment is then submitted to the states for their consideration.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). This can be achieved through the legislatures of three-fourths of the states or by conventions in three-fourths of the states, with Congress determining the mode of ratification.
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Amendments can be proposed through a constitutional convention
The second method is for two-thirds of state legislatures (34 out of 50) to call for a convention, which has never been used. In this case, the states would draft amendments, which would then need to be ratified by three-fourths of the states (38 out of 50). This method has been debated by scholars, with some arguing that states could pressure Congress to propose an amendment on a specific issue by applying for an Article V convention.
There is also debate around the scope of such a convention, with some arguing for a general convention not limited to a particular issue, and others suggesting that Congress should have control over aspects of the convention. While no federal constitutional convention has been held since the original one, over 230 state-level constitutional conventions have taken place.
Groups such as Wolf-PAC and Citizens for Self-Governance are currently working to call an Article V Convention to address issues such as campaign finance reform and state sovereignty.
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Amendments must be ratified by three-fourths of states
The United States Constitution has only 27 amendments because its framers wanted the process to be difficult. The Constitution was created to outline the powers of the federal and state governments and protect individuals' rights. Amendments are intended to improve, correct, or revise the original document.
Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. However, to become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This process is outlined in Article V of the Constitution, which grants Congress the authority to amend it. Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed through a constitutional convention called for by two-thirds of the state legislatures.
The ratification process can occur through state legislatures or conventions in three-fourths of the states, as determined by Congress. This process is chosen by Congress, and they have only specified this second mode of amendment once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition. Once the required number of authenticated ratification documents is verified, a formal proclamation is drafted 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
While the formal amendment process is challenging, the Constitution can also be changed through Supreme Court decisions and legislative processes that expand the Constitution to respond to unforeseen events.
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The Supreme Court cannot overturn an amendment
The Supreme Court does not have the power to overturn a constitutional amendment. The Constitution gives federal courts jurisdiction over "cases" and "controversies". This has been interpreted to mean that courts can only hear legal disputes about things that are actually happening. The Supreme Court cannot block an amendment unless the correct procedure for ratification was not followed. The Constitution was created to outline the powers of the federal and state governments and protect individuals' rights.
The US Constitution has only 27 amendments because its framers wanted the process to be difficult. Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
There are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention. It would take two-thirds of state legislatures to call for this convention, and the states would draft amendments, which would have to be ratified by three-fourths of the states.
Throughout US history, several amendments have directly countered specific Supreme Court decisions. Notable examples include the Eleventh Amendment, which limited federal court jurisdiction over state lawsuits, and the Thirteenth and Fourteenth Amendments, which abolished slavery and granted citizenship to all persons born or naturalized in the United States.
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The Supreme Court can rule on the amendment process
The Supreme Court interprets the Constitution and decides what is constitutional and what is not. However, the Supreme Court cannot "overturn" an amendment. Their purpose is to interpret the Constitution and they cannot overwrite it. The Supreme Court can only override laws because they can say "this contradicts another, already existing law" or the Constitution itself.
The Supreme Court can, however, modify the Constitution through its decisions. The Court's rulings can effectively change the Constitution without formally amending it. For example, in District of Columbia v. Heller in 2008, the Supreme Court ruled that there is an individual right to bear arms. This ruling modified the Second Amendment, which had previously been understood as not limiting federal or state authority to enact gun control legislation.
The Supreme Court could also potentially adopt the "unconstitutional constitutional amendment" doctrine, which is based on the idea that even a properly ratified amendment can be unconstitutional if it conflicts with a constitutional norm, value, or principle. This doctrine has been adopted by various courts and legal scholars in different countries. However, some critics argue that this doctrine would undermine popular sovereignty by giving the Supreme Court the power to overturn the will of a majority of the people.
In the United States, no amendment to the Constitution has ever been ruled unconstitutional by a court. The US Constitution sets high standards for amendments but places few limits on their content. While the Supreme Court could theoretically strike down an amendment as unconstitutional, it has not yet done so.
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Frequently asked questions
There are two ways to overturn a constitutional amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way is to have a Constitutional Convention. It would take two-thirds of state legislatures to call for this convention, and the states would draft amendments, which would have to be ratified by three-fourths of the states.
Yes, the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, was repealed with the adoption of the 21st Amendment.
The Supreme Court cannot overturn a constitutional amendment. Their purpose is to interpret the Constitution. However, they can rule on issues involving the amendment process.
It is very difficult to overturn a constitutional amendment. The framers of the U.S. Constitution wanted the process to be challenging, and there are currently only 27 amendments. From 1789 to the present, there have been approximately 11,699 proposed amendments, with a success rate of about 0.002%.
No, the President has no role in the amendment process.
