Simone Lawson
The United States Constitution was written to endure for ages to come, and the process of amending it was intentionally made difficult by its framers. Since the Constitution was drafted in 1787, it has been amended only 27 times, with the most recent amendment occurring in 1992. The process of amending the Constitution can be initiated 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. Similarly, repealing an amendment requires a two-thirds majority vote in the House and the Senate, followed by ratification by three-fourths of the states. Alternatively, a Constitutional Convention can be called by two-thirds of state legislatures, with the drafted amendments ratified by three-fourths of the states. In the history of the United States, only one amendment, the 18th Amendment, which established Prohibition, has been repealed by the 21st Amendment.
| Characteristics | Values |
|---|---|
| Number of times the US Constitution has been amended | 27 |
| Number of amendments proposed | 11,699 |
| Number of amendments ratified | 27 |
| Number of amendments approved by Congress but not ratified by states | 6 |
| Number of amendments repealed | 1 |
| Process to repeal an amendment | Two-thirds majority in the House and the Senate, then ratified by three-fourths of the states; or a Constitutional Convention called by two-thirds of state legislatures, followed by ratification by three-fourths of the states |
| Example of a repealed amendment | 18th Amendment, which prohibited the making, transportation, and sale of alcohol, repealed by the 21st Amendment |
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What You'll Learn
Two-thirds majority in the House and Senate
The process of revoking or amending the US Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787. The document's framers intended for it to be a challenging process, ensuring that any changes would have a significant impact on the country and its citizens.
One of the two methods of amending the Constitution involves a two-thirds majority in the House and the Senate. This process, outlined in Article V of the Constitution, requires a proposed amendment to be passed by two-thirds of both houses of Congress. This high threshold ensures that any changes to the foundational document of US government are carefully considered and broadly supported.
The proposed amendment must then be ratified by three-fourths of the state legislatures, a step that further emphasizes the importance of consensus across the country. This process has been successful in the past, with the 18th Amendment, which established Prohibition, being the only amendment to date that has been repealed by the states through the 21st Amendment.
The difficulty of amending the Constitution has not prevented ongoing efforts to propose and advocate for changes. Thousands of amendments have been discussed, and in recent years, there has been talk of repealing or amending the 17th Amendment (direct election of Senators), the 16th Amendment (federal income tax), and the 22nd Amendment (presidential term limits).
The two-thirds majority requirement in both the House and the Senate serves as a critical safeguard, ensuring that any revisions to the Constitution reflect the values and interests of a substantial portion of the country's elected representatives and, subsequently, the American people they represent.
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Ratification by three-fourths of the states
The process of repealing a constitutional amendment is very difficult and time-consuming. The framers of the Constitution wanted it to be difficult so that the document would endure for ages. The Constitution has been amended only 27 times since it was drafted in 1787.
The only amendment that has ever been repealed with the adoption of another amendment is the 18th Amendment, which established Prohibition. The 21st Amendment, which repealed the 18th Amendment, was ratified by Utah in December 1933. The 21st Amendment not only repealed the broad prohibition on alcohol but also added language to the Constitution that states had the ability to define alcohol laws within their borders.
In addition to repealing amendments, the ratification of three-fourths of the states is also necessary for amendments to become part of the Constitution. Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. However, the process of amending the Constitution does not always have to be formal, and changes can be made through Supreme Court decisions or legislative processes that expand the Constitution.
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Proposal by two-thirds of state legislatures
The process of revoking a constitutional amendment is a challenging and time-consuming endeavour. The Constitution's Article V outlines two methods for proposing an amendment: the first requires a two-thirds majority vote in both the House and the Senate, while the second method involves a constitutional convention called for by two-thirds of state legislatures. This essay will focus on the latter approach, exploring the intricacies of proposing a constitutional amendment through the initiative of state legislatures.
The option of a constitutional convention offers a pathway for states to initiate the amendment process directly. By securing the support of two-thirds of state legislatures, this avenue allows states to bypass the initial step of congressional proposal. This mechanism empowers states to take a leading role in shaping the nation's governing document. It is worth noting that, despite its potential appeal, convening a constitutional convention is a path that has not been pursued in recent history.
When two-thirds of state legislatures unite in their call for a constitutional convention, they set in motion a process that mirrors the original drafting of the Constitution. This gathering of representatives from across the states serves as a microcosm of the broader American populace, reflecting the diverse interests and perspectives of the nation. Within this convention, delegates engage in robust debate, deliberation, and negotiation to craft amendments that address the concerns of their constituents.
The role of state legislatures in proposing amendments through a constitutional convention is not merely procedural but profoundly democratic. It ensures that the voices of individual states are heard and that the resulting amendments are shaped by a broad consensus. This safeguards against hasty or partisan changes to the Constitution, reinforcing the stability and longevity that Chief Justice John Marshall envisioned when he wrote that the document was crafted "to endure for ages to come."
While the proposal stage is crucial, it is just the beginning of the amendment process. For an amendment to become enshrined in the Constitution, it must ultimately be ratified. This requires the approval of three-fourths of state legislatures or state ratifying conventions, underscoring the critical role that states play in both proposing and finalizing constitutional amendments.
In conclusion, the ability for two-thirds of state legislatures to propose a constitutional amendment is a powerful mechanism within the United States' system of government. It empowers states to initiate changes to the nation's foundational document, bypassing Congress and invoking a process reminiscent of the Constitution's original creation. This intricate process underscores the framers' intention to make amending the Constitution a deliberate and infrequent occurrence.
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A Constitutional Convention
The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The Constitution's Article V outlines that an amendment may be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. This convention, referred to as an "Article V Convention", would involve delegates from every state and propose one or more amendments.
Although this method of proposing amendments has never been used, it has come close to being invoked on several occasions. The idea has its supporters, including a retired federal judge, Malcolm R. Wilkey, who argued that the Constitution has been corrupted by interest groups and members of Congress who focus excessively on re-election.
Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process is administered by the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA). The Archivist works with the Director of the Federal Register to follow procedures and customs established by the Secretary of State and the Administrator of General Services.
When a state ratifies a proposed amendment, it sends an original or certified copy of the action to the Archivist, who then passes it to the Director of the Federal Register for examination. If the documents are in order, the Director maintains custody of them until the amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
In summary, a Constitutional Convention can be a way to propose amendments to the Constitution when called for by two-thirds of the state legislatures. This method has not been utilised in the past, but it serves as an alternative pathway to initiating the amendment process.
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Amendment wording changes
The process of amending the US Constitution is intentionally challenging. The document's framers wanted to ensure that any changes would be difficult to make, and the process was designed to be rigorous. As a result, there have only been 27 amendments to the Constitution since it was drafted in 1787.
Changing the wording of the Constitution requires an amendment, and there are two ways to propose an amendment. Firstly, two-thirds of both houses of Congress must pass the proposed amendment. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. In either case, the proposed amendment must then be ratified by three-fourths of the state legislatures or conventions in three-fourths of the states.
The process of amending the Constitution can also take place through means other than the formal amendment process. For example, the Supreme Court's decisions can effectively modify the Constitution. Additionally, Congress can enact laws that expand the Constitution to respond to unforeseen future events.
The 18th Amendment, which prohibited the production, transportation, and sale of alcohol, is the only amendment that has been repealed. It was repealed by the 21st Amendment, which also gave states the power to define alcohol laws within their borders.
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Frequently asked questions
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 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.
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 2nd Amendment (the right to bear arms).
