Jonah Patel
The United States Constitution was written to endure for ages to come, and as such, the process of amending it is a difficult and time-consuming task. The Constitution has been amended only 27 times since it was drafted in 1787, and there are hundreds, if not thousands, of proposed amendments that never became law. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines two methods for proposing and ratifying amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Difficulty of amending the Constitution | The framers of the Constitution made it difficult to amend the document, and it has only been amended 27 times since 1787. |
| Authority to amend | The authority to amend the Constitution comes from Article V of the Constitution. |
| Amendment process | Amendments can be proposed by Congress with a two-thirds majority vote in both houses or by a constitutional convention called for by two-thirds of state legislatures. Amendments become part of the Constitution when ratified by three-fourths of state legislatures or conventions. |
| Role of Congress | Congress proposes amendments and determines the method of ratification by state legislatures or conventions. |
| Role of President | The President does not have a constitutional role in the amendment process, but they may attend the signing of the certification as a ceremonial function. |
| Role of Archivist | The Archivist of the United States administers the ratification process and certifies that an amendment is valid and has become part of the Constitution. |
| Number of proposed amendments | There have been hundreds or thousands of proposed amendments that never became law. |
| Reasons for amending | Reasons for proposing amendments include balancing the budget, term limits for Congress, outlawing flag burning, crime victims' rights, and voluntary school prayer. |
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What You'll Learn
The difficulty of amending the US Constitution
The United States Constitution is often regarded as one of the most rigid constitutions in the world, with some even calling it "frozen". The document, drafted in 1787, has only been amended 27 times, the last of which was in 1992. This difficulty in amending the Constitution is not a coincidence, but rather a deliberate choice made by its framers. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come".
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, the amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. This process is time-consuming and challenging, as evidenced by the small number of successful amendments.
The difficulty in amending the Constitution has led to a backlog of proposed amendments, with approximately 11,848 measures proposed since 1789. Many of these proposals aim to make the Constitution more equal, inclusive, and just. However, the current dynamics of American constitutional politics suggest that these proposals are unlikely to succeed in the near to mid-term.
Some have argued that the Constitution should be made easier to amend to address its outdated architecture on elections, federalism, rights, and other issues. Others worry that political fixes do not necessarily belong in the Constitution, and that the difficulty of amending the Constitution is a feature, not a bug.
Despite the challenges, the difficulty of amending the US Constitution has not dissuaded proponents of amendments. The process remains an important tool for those seeking to make significant changes to the country's foundational document.
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The role of the President in the amendment process
The President does not have a constitutional role in the amendment process. The Constitution provides that an amendment 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 joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.
However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for the proposal or ratification of the amendment. These examples demonstrate that while the President does not have a formal constitutional role in the amendment process, they may play an informal, ceremonial role in certain instances.
It is worth noting that the Supreme Court has confirmed the understanding that the President cannot veto a proposed amendment. In the 1920 Hawke v. Smith case, the Court characterised its earlier decision in Hollingsworth as settling that the submission of a constitutional amendment did not require the action of the President. This further reinforces the absence of a formal constitutional role for the President in the amendment process.
In summary, while the President may occasionally participate in ceremonial functions related to the amendment process, their involvement is not constitutionally mandated or required for the validity of amendments. The President's role is primarily symbolic, and the power to propose and ratify amendments rests with Congress and the State legislatures.
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The ratification process
The proposed amendment is then sent to the states for ratification. Three-fourths of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. This can be done through a vote of the state legislatures or a state convention, depending on the mode of ratification determined by Congress.
Once the required number of states have ratified the amendment, the Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist of the United States 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.
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The number of amendments proposed
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The process of amending the Constitution is intentionally challenging, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come".
Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. The latter method has never been used. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). This can be done through the legislatures of three-fourths of the states or conventions in three-fourths of the states, as determined by Congress.
There have been hundreds, if not thousands, of proposed amendments that never became law. Some of the more notable unsuccessful amendments include those related to congressional term limits, a balanced budget amendment, and an amendment to outlaw flag burning. In addition, some amendments have been proposed multiple times but have not succeeded.
While the number of proposed amendments is not considered uncommon by some, there are concerns that recent efforts to amend the Constitution may be excessive reactions to dissatisfaction with the government. Additionally, it is argued that political fixes do not necessarily belong in the Constitution, with Prohibition cited as an example.
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The methods of proposing amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. This article outlines two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used to propose amendments thus far. The amendment is proposed 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 then assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and other relevant information. The amendment is then submitted to the states for their consideration, and the governors formally submit it to their state legislatures.
The second method involves a constitutional convention called for by two-thirds of the state legislatures. This method has never been used to propose an amendment. However, some have argued for a new constitutional convention due to concerns about the current political system.
Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The OFR verifies that it has received the required number of authenticated ratification documents and then drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
The process of amending the Constitution is intentionally difficult and time-consuming to ensure that any changes have a significant impact and are in the best interests of all Americans.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text.
The authority to amend the US Constitution 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 convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The framers of the Constitution made it difficult to amend the document to ensure it would last. As a result, the amendment process is very difficult and time-consuming.
The Constitution has been amended 27 times since it was drafted in 1787. However, more than 10,000 measures to amend the Constitution have been proposed in Congress.
