Simone Lawson
The ability to amend the constitution is a highly contested topic, with some arguing that the process is too difficult, while others believe it should be even harder. The United States Constitution was written to endure for ages, and as such, the process of amending it is intentionally challenging. Since its drafting in 1787, there have been 27 amendments, with none proposed by constitutional convention. The two methods for amending the Constitution are through a two-thirds majority vote in Congress or by a convention called for by two-thirds of state legislatures. The President has no role in the process, and amendments become part of the Constitution once ratified by three-fourths of the states. With over 10,000 measures proposed to amend it, the Constitution remains a living document, but one that is intentionally challenging to alter.
| Characteristics | Values |
|---|---|
| Difficulty in amending the constitution | The framers made it difficult to amend the US Constitution, which has been changed only 27 times since 1787. |
| Authority to amend | Article V of the Constitution outlines the authority to amend the Constitution. |
| Amendment proposal | Amendments may 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. |
| Ratification | An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). |
| Presidential role | The President does not have a constitutional role in the amendment process, and constitutional amendments do not require presidential approval or veto. |
| State constitutions | State constitutions are much easier to modify than the federal Constitution, and they have been amended around 7,000 times. |
| Citizen-initiated amendments | Citizen-initiated amendments generally require ratification by a simple majority of voters in most states and a supermajority in several states. |
| Constitutional conventions | Constitutional conventions have been held 250 times in the 50 states, but it has been decades since the last full-scale convention. |
Explore related products
What You'll Learn
The difficult process of amending the constitution
The United States Constitution was designed to "endure for ages to come", and as such, the process of amending it is a difficult task. The framers of the Constitution intentionally made it challenging to ensure its longevity. The Constitution has only been amended 27 times since it was drafted in 1787, and none of these amendments have been proposed by a constitutional convention. This highlights the rarity of successful amendments and the challenging nature of the process.
The process of amending the Constitution is outlined in Article V of the Constitution. There are 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 thus far. The second method, which has never been utilised, involves a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur through one of two methods: by the legislatures of three-fourths of the states (38 out of 50 states) or by conventions in three-fourths of the states. Congress determines which method of ratification is to be followed. The process of ratification is not described in detail in Article V or the relevant United States Code, but it typically involves the Archivist of the United States and the Director of the Federal Register following established procedures and customs.
While amending the federal Constitution is challenging, state constitutions are amended more frequently and are much easier to modify. States offer multiple paths for amending their constitutions, and the current constitutions of the 50 states have been amended approximately 7,000 times. The frequency of amendments varies across states, with some states amending their constitutions multiple times a year, while others amend them only once every few years. Additionally, citizen-initiated amendments can be proposed in some states, although they may face additional requirements, such as approval in two consecutive elections in Nevada.
Term Limits: Constitutional Amendment Needed?
You may want to see also
The role of the President in the amendment process
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. However, in the past, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them.
In the 1920 case of Hawke v. Smith, the Supreme Court characterised its decision in Hollingsworth v. Virginia (1798) as having "settled" that "submission of a constitutional amendment did not require the action of the President." In Hollingsworth, the Supreme Court held that the Eleventh Amendment had been constitutionally adopted, and Justice Samuel Chase stated during oral argument that the President has nothing to do with the proposition or adoption of amendments to the Constitution.
In recent history, the signing of the certification of a new amendment has become a ceremonial function attended by various dignitaries, including the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Third Amendment: Understanding the Right to Privacy at Home
You may want to see also
State constitutions vs. the federal Constitution
The Constitution of the United States can be amended through two methods outlined in Article V. Firstly, the Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, a constitutional convention can be called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Each state in the United States is governed by its own constitution, and there are also constitutions for the nation's territories. State constitutions are generally broader in scope and are amended more frequently than the federal Constitution. They are also much longer, with greater detail regarding the day-to-day relationships between government and the people. For example, the shortest state constitution, Vermont's, is 8,295 words long, while the US Constitution is only 4,543 words long. Alabama's sixth constitution, ratified in 1901, was about 345,000 words long, but it was rewritten in 2022.
State constitutions can be amended by initiative, and many states have had several constitutions over their history. The process for amending state constitutions varies and is often more flexible than the federal process. For example, the Constitution of American Samoa was amended in 1966 through a referendum in general elections.
While the federal Constitution is the fundamental blueprint for the legal and political organization of the United States, state constitutions serve the same purpose for their respective states. They are organic texts that outline the rights and responsibilities of the state and its citizens. The Tenth Amendment to the US Constitution, part of the Bill of Rights, states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment recognizes the importance of state constitutions and the role they play in governing issues not addressed by the federal Constitution.
Amendments: Who Has the Power to Approve?
You may want to see also
Explore related products
Ratification of amendments by state conventions
The United States Constitution, in Article V, outlines two methods for proposing amendments: through Congress or a convention. The latter, also known as an Article V Convention or amendatory convention, has never been used to propose an amendment. It is triggered when two-thirds of state legislatures (34 out of 50) request it, and any amendments proposed in this way become law only after ratification by three-fourths of the states (38 out of 50).
State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ratifying proposed constitutional amendments. This method of ratification is a way to consider the pros and cons of a particular amendment, bypassing the state legislatures. It is theorized that delegates of conventions, presumably average citizens, would be less susceptible to political pressure.
The convention method of ratification is more complex than the state legislature method, which is a procedurally simple vote. State lawmakers have enacted laws to prepare for the possibility of Congress specifying the convention method of ratification. Some of these laws refer to one-off events, while others provide guidelines for ratifying conventions in general. For example, in Delaware, the governor announces an election of delegates, with the latest date possible being the next general election held at least three months after the amendment proposal. Candidates are listed on the ballot according to their stance on the proposed amendment (for, against, or unpledged), and write-in votes are allowed.
The only amendment ratified by state conventions is the 21st Amendment in 1933, which repealed the 18th Amendment. This was a one-time event in many states, with an ad-hoc convention convened solely for the 21st Amendment.
While the Supreme Court has not made a definitive determination on the state convention amendment method, it has handled several cases and arguments on the scope of amendments. There are concerns about an Article V convention becoming a "runaway convention" that exceeds its scope, but this is mitigated by the requirement that three-fourths of states must ratify any amendments proposed.
Amending the Constitution: What's the Process?
You may want to see also
The proposal of amendments by constitutional convention
Another debate centres on the potential for a "runaway convention" if states have the power to limit an Article V convention to a particular subject matter. In such a scenario, the convention could attempt to exceed its scope, but any amendments proposed would still need to be ratified by three-fourths of the states (38 out of 50), ensuring a check on the process. This ratification process can occur through state legislatures or specially elected conventions, with Congress determining the mode of ratification.
The Prohibition Amendment: A Constitutional Change
You may want to see also
Frequently asked questions
Amendments may be proposed either by Congress with a two-thirds 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 state legislatures. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states.
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted simultaneously and are known as the Bill of Rights. More than 10,000 measures to amend the Constitution have been proposed in Congress.
Amending the US Constitution is a difficult task by design. The process is lengthy and requires significant support in both the legislative branch and among the states. In addition, the President does not have a constitutional role in the amendment process, and certain subjects are unamendable.
