Amending The Constitution: A Difficult Task

Amending the Constitution is a challenging and time-consuming endeavour. The United States Constitution was designed to endure, and its framers intentionally made the amendment process difficult. A proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures or conventions. This process ensures that any changes to the Constitution are thoroughly considered and widely supported. While the Constitution has been amended only 27 times since its drafting, state constitutions within the US are amended more frequently, and other countries, like Australia, Ireland, and Switzerland, have their own unique amendment procedures and requirements.

Explore related products

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The United States Constitution, Declaration of Independence, Bill of Rights with Amendments: Large Print Edition (Annotated)

$9.99

The Constitution of the United States of America, with the Bill of Rights and all of the Amendments; The Declaration of Independence; and the Articles of Confederation

$4.5 $4.5

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

A Companion to the United States Constitution and Its Amendments

$34.65 $45

The US Constitution was written to endure

The US Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. It was drafted in 1787 and has been amended only 27 times since, a process that is intentionally difficult and time-consuming. The framers of the Constitution wanted to ensure its longevity, and so made it challenging to amend. The Constitution is the supreme law of the land and the framework for the US government, and it continues to inspire the world with its powerful vision of freedom and democracy.

The process of amending the Constitution is outlined in Article V of the Constitution. An amendment can 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. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.

The amendment process is designed to be rigorous and has only been completed 27 times since the Bill of Rights was adopted in 1791. The first 10 amendments, including the Bill of Rights, were adopted four years after the Constitution was drafted. The process is deliberately challenging, as the framers of the Constitution wanted to ensure that any changes would have a significant impact on the country and its citizens.

The Constitution has endured for over 200 years and is the oldest national constitution in the world. It was written during the Philadelphia Convention, also known as the Constitutional Convention, which was conducted under an oath of secrecy. The original signed, handwritten Constitution is kept at the National Archives in Washington, D.C. The Constitution is a history-changing document that has inspired democratic ideals worldwide, and its endurance is a testament to its resilience and the vision of its framers.

Amending the US Constitution is difficult

Amending the US Constitution is a difficult and time-consuming process. The framers of the Constitution intended for it to "endure for ages to come", and so made it challenging to modify. Since it was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted as the Bill of Rights four years later.

The US Constitution can be amended in two ways. Firstly, a proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by three-quarters of the state legislatures. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments, which would then need to be ratified by three-quarters of the states. However, this second option has never been used.

The process of amending the Constitution is stringent and requires broad support. The idea for an amendment must have a significant impact on or secure the rights of citizens across the nation. The amendment must be passed by a supermajority in the legislature, and the President does not have a role in the process. Once an amendment is passed, it is certified by an official of the federal government, such as the Archivist of the United States, and published in the Federal Register.

The difficulty of amending the Constitution was recently highlighted when supporters of congressional term limits and a balanced budget amendment were unsuccessful in their efforts to secure new amendments. This shows that while the process is designed to be challenging, it also ensures that any changes made to the Constitution have a lasting impact and are in the best interests of the country as a whole.

The amendment process

Amending the United States Constitution is not an easy task. The framers of the Constitution, which was drafted in 1787, made it difficult to amend the document to ensure its longevity. The Constitution has been amended only 27 times since it was drafted, including the first 10 amendments adopted four years later as the Bill of Rights.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments may be proposed either 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 President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval.

Once an amendment is proposed, 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 Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. 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.

An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). The OFR verifies that it has received the required number of authenticated ratification documents, then 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.

Explore related products

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

Ordinary Equality: The Fearless Women and Queer People Who Shaped the U.S. Constitution and the Equal Rights Amendment

$23.5 $27.99

The Fifth Amendment: Double Jeopardy, Self-incrimination, and Due Process of Law (Amendments to the United States Constitution: the Bill of Rights)

$13.95

The Liberty Amendments: Restoring the American Republic

$16.7 $26.99

American Founding documents LARGE Laminated 3 pack: US Constitution with all amendments, Declaration of Independence and Bill of Rights (18x29) Young N Refined

$29.95 $33.95

State constitutions are amended regularly

Amending the US Constitution is a challenging and lengthy process. Since it was drafted in 1787, it has only been amended 27 times, with the first ten amendments being adopted in 1791 as the Bill of Rights. The framers of the Constitution intended for it to endure for a long time, and so they made the process of amending it difficult. A proposed amendment must be passed by at least two-thirds of both houses of Congress and then ratified by three-quarters of the state legislatures. This process is so challenging that no amendments have been proposed by a constitutional convention, despite this being an option.

State constitutions, on the other hand, are amended regularly and are much easier to modify. There are multiple paths for amending state constitutions, and these constitutions have been amended around 7,000 times in total. The frequency of amendments varies by state, with some states, like Alabama, Louisiana, South Carolina, Texas, and California, amending their constitutions more than three to four times per year on average. Other states, like Tennessee, Kentucky, Indiana, Illinois, and Vermont, amend their constitutions only once every three to four years, on average.

State legislatures generate more than 80% of constitutional amendments considered and approved each year. The requirements for legislatures to craft amendments vary by state, with some requiring only a majority of legislators to back an amendment, while others require a supermajority legislative support, such as a three-fifths or two-thirds vote. Citizen-initiated amendments are less common, accounting for fewer than 2 out of every 10 amendments adopted annually. However, in states like California, Colorado, and Mississippi, citizen-initiated amendments are considered more frequently.

State constitutional conventions, which were once a regular occurrence, have become less common in recent decades. However, they still offer a potential path for amending state constitutions. From 1776 to 1986, 250 constitutional conventions were held in the 50 states, with the last full-scale convention taking place in Rhode Island in 1986. While it has been nearly four decades since the last full-scale convention, 44 states still have laws outlining how a constitutional convention can be called.

Other countries' constitutions are amended differently

Amending a constitution is a complex process that varies across different countries. While some nations require a simple majority vote in a referendum, others demand supermajorities in both chambers of parliament or even explicit changes to the constitution's text. The process of amending a country's constitution is often more stringent than passing ordinary legislation, and it can involve multiple steps and approvals. Here are some examples of how constitutions are amended in various countries:

Ethiopia: The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly, as outlined in Article 105. Certain chapters and articles, such as those pertaining to human and democratic rights, are considered almost unamendable and require total consensus from the federal regional states and two-thirds of each house of Parliament.

Albania: According to Article 177 of the Albanian Constitution, an initiative to amend the constitution must be proposed by at least one-fifth of the members of the Assembly. A proposed amendment then needs to be approved by at least two-thirds of all members of the Assembly. Additionally, the Assembly may decide to put the proposed amendment to a referendum, which must take place within 60 days of its approval.

Myanmar: The Constitution of Myanmar has undergone several iterations since its first draft in 1947. The current constitution, enacted in 2008, includes a bicameral parliament with 25% of the seats reserved for military officers. Amending the constitution requires the approval of 75% of the members of both houses of parliament, followed by secondary approval from more than half of the electorate in a referendum.

Australia: The Australian Constitution, like many others, can only be amended through a referendum. A proposed law for alteration must pass both Houses of Parliament, and within two to six months, it is voted on by the electors. For the amendment to become law, it must be approved by a majority of states (at least four) and a majority of electors.

Bulgaria: Bulgaria's constitution outlines two procedures for amendment, depending on the section being altered. The normal amendment procedure requires a three-quarters majority in parliament for minor issues or a two-thirds majority upon reintroduction after two months. The special amendment procedure is required for changes to international borders, the form of government, the application of the constitution and international treaties, and the suspension of citizens' rights. This procedure involves electing a Great National Assembly of 400 deputies.

The processes outlined above demonstrate the varying approaches different countries take to amending their constitutions. While some countries set high thresholds for amendments, others provide more flexible paths. Each nation must strike a balance between maintaining stability and allowing for necessary democratic changes.

Frequently asked questions