Amending The Constitution: An Uphill Battle

The process of amending the US Constitution is intentionally difficult, as the framers wanted the document to be enduring. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of the state legislatures. This has only happened 27 times since 1787, with 11,848 measures proposed in that time. The process has been criticised for being too strict and biased towards the federal government, though some argue that the original meaning of the Constitution should be followed, which would eliminate these issues.

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The US Constitution was written to endure

The US Constitution is widely regarded as difficult to amend. Chief Justice John Marshall wrote in the early 1800s that the US Constitution was written "to endure for ages to come". The framers of the Constitution made it challenging to amend, ensuring its longevity. The Constitution has been amended only 27 times since 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted in 1791.

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. This can be achieved by each state's legislature or by calling a convention, depending on Congress's specifications.

The difficulty in amending the Constitution is evident in the low number of successful amendments and the lengthy time intervals between them. After the Civil War Amendments (the 13th, 14th, and 15th Amendments) were added between 1865 and 1870, 43 years passed without any changes. While there was a period of more frequent amendments between 1913 and 1971, there have been none since.

Critics argue that the amendment process is too strict and biased in favour of the federal government, hindering amendments that would limit the national government's power. The strict requirements for approval by two-thirds of both houses of Congress and three-quarters of the states are often cited as obstacles to enacting amendments. However, some commentators defend the originalism interpretation, asserting that following the Constitution's original meaning would eliminate these alleged defects.

Despite the challenges, the US Constitution's enduring nature is a testament to its resilience and the framers' intention for it to stand the test of time.

Amending the Constitution is a difficult task

Amending the US Constitution is a difficult and time-consuming process. The framers of the Constitution made it challenging to ensure its longevity. The Constitution has been amended only 27 times since 1787, and none of the amendments have been proposed by a constitutional convention.

To amend the Constitution, an amendment must 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. Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) 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, as well as assembling an information package for the states.

Once a proposed amendment is ratified by three-quarters of the states (38 out of 50), it becomes part of the Constitution. The OFR examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.

The amendment process has been criticized for being too strict and biased in favor of the federal government. Some argue that it is too difficult to secure approval by two-thirds of both Houses of Congress and three-quarters of the states. However, others defend the process, arguing that it ensures any amendments have a major impact on all Americans or secure the rights of citizens.

The process of amending the Constitution

The United States Constitution is widely regarded as one of the most difficult constitutions to amend. The framers of the Constitution intentionally made it challenging to ensure its longevity. Chief Justice John Marshall wrote that the Constitution was written "to endure for ages to come". Since its drafting in 1787, there have only been 27 amendments, with none proposed by constitutional convention.

• An amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request a Constitutional Convention to propose an amendment, although this has never occurred.
• The proposed amendment is sent to the states for ratification.
• Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution.

The amendment process has been criticised for being too strict and biased in favour of the federal government. Some argue that it is too difficult to secure the required approval of two-thirds of Congress and three-quarters of the states. However, others defend the strict process, stating that amendments should only be made for significant changes affecting all Americans or securing citizens' rights.

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The ratification process

Once an amendment is proposed by Congress, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process. The Archivist, along with the Director of the Federal Register, follows procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties.

The proposed amendment is then submitted to the state legislatures by the governors. A state can choose to act on a proposed amendment before receiving official notice. When a state ratifies, it sends an original or certified copy of the action to the Archivist, who conveys it to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity of signatures.

If the documents are in order, the Director acknowledges receipt and maintains custody. The OFR retains these documents until the amendment is adopted or fails, after which they are transferred to the National Archives for preservation. For an amendment to become part of the Constitution, three-quarters of the states (38 out of 50) must ratify it. The OFR verifies the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register, marking the completion of the amendment process.

The number of amendments passed

The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights. This makes the US Constitution one of the world's most difficult documents to amend.

The amendment process is intentionally difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress, then ratified by the legislatures of three-fourths of the states (38 out of 50). This requirement for supermajorities has not changed since the Constitution was first drafted.

In the wake of the Civil War, three important amendments were added: the Thirteenth (outlawing slavery), the Fourteenth (protecting equal civil rights), and the Fifteenth (forbidding racial discrimination in voting). After this, 43 years passed before the Constitution was amended again. Four more amendments (Sixteen through Nineteen) were added between 1913 and 1920, and seven more were adopted at regular intervals between 1920 and 1971. Except for one unusual amendment, there have been no amendments to the Constitution since 1971.

The strict requirements for amending the Constitution have been criticised for making it too difficult to enact amendments, and for being biased in favour of the federal government. However, some argue that these problems would be eliminated if the Constitution's original meaning was followed.

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