Eleanor Finch
The US Constitution has only been amended 27 times, making it difficult to change. 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 state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the states (38 out of 50). This can be done through state legislatures or state ratifying conventions. The process is outlined in Article V of the Constitution, which grants Congress the authority to propose amendments and choose the mode of ratification. The Twenty-First Amendment, which repealed the Eighteenth Amendment and ended the prohibition of alcohol, is the only amendment ratified by state conventions.
| Characteristics | Values |
|---|---|
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
| Number of amendments pending | 4 |
| Number of amendments closed and failed | 2 |
| Number of amendments adopted and ratified simultaneously | 10 |
| Number of amendments sent to states for ratification | 33 |
| Number of amendments ratified by three-quarters of the states | 38 since 1959 |
| Number of amendments to the Constitution | 27 |
| Number of amendments to state constitutions | Around 7,000 |
| Frequency of amendments to Alabama, Louisiana, South Carolina, Texas, and California constitutions | More than three to four times per year |
| Frequency of amendments to Tennessee, Kentucky, Indiana, Illinois, and Vermont constitutions | Once every three to four years |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments ratified by state convention method | 1 |
| Number of proposals to amend the Constitution since 1789 | 11,848 (as of January 3, 2019) |
| Average number of proposals to amend the Constitution per two-year term of Congress | 200 |
| Number of states where constitutional commissions can submit amendments directly to voters | 1 (Florida) |
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What You'll Learn
The US Constitution vs. state constitutions
The US Constitution is difficult to change and has only been amended 27 times since 1789. In contrast, state constitutions are much easier to modify, with the current constitutions of the 50 states having been amended around 7,000 times. The process for amending the US Constitution is outlined in Article V, which states that amendments 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. However, no amendments have been proposed by a constitutional convention so far. Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or state ratifying conventions, with the choice being made by Congress.
State constitutions, on the other hand, can be amended in a variety of ways, including through legislatures, citizens, conventions, and commissions. For example, Florida is unique in allowing constitutional commissions to submit amendments directly to voters. In this state, two separate commissions can place amendments on the ballot for voter approval: the Constitution Revision Commission, which meets every 20 years and can propose amendments on any subject, and the Taxation and Budget Reform Commission, which meets on a staggered timeline and can only propose amendments related to tax and budget items. Other states have formed commissions to recommend amendments for legislative consideration, but Florida is the only one that empowers commissions to place amendments directly on the ballot.
The process for amending the US Constitution is generally more formal and involves more steps compared to state constitutions. The US Constitution's amendment process starts with a proposal by Congress or a constitutional convention, followed by ratification by a specified number of states. In contrast, state constitutions may allow for more direct pathways to amendment, such as through citizen initiatives or constitutional commissions. Additionally, the US Constitution has a higher threshold for ratification, requiring three-quarters of the states to approve an amendment, while state constitutions may have different requirements or be amended more frequently.
While the US Constitution serves as the supreme law of the land and establishes the fundamental framework of the country, state constitutions outline the specific laws, rights, and governance structures within each state. They are responsible for defining the powers and responsibilities of state governments, as well as protecting the rights of state citizens. State constitutions are influenced by the US Constitution and must not conflict with its provisions, but they can provide additional protections and rights tailored to the needs and values of each state.
In conclusion, while the US Constitution and state constitutions both play crucial roles in governing the country, they differ significantly in terms of amendability. The US Constitution has a more rigorous and lengthy amendment process, reflecting its role as the foundational document of the nation. In contrast, state constitutions are designed to be more adaptable and responsive to the needs of their respective states, allowing for more frequent and varied pathways to amendment. These differences highlight the dynamic nature of constitutional law in the United States, where change can occur at both the national and state levels to reflect evolving societal values and priorities.
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The ratification process
The process of amending the U.S. Constitution is a complex one, and it has only been amended 27 times. In contrast, state constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
Amendments to the U.S. Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a constitutional convention called for by two-thirds of state legislatures. However, in practice, all amendments have been proposed by Congress.
Once an amendment is proposed, Congress decides whether it will be sent to state legislatures or state ratifying conventions for ratification. An amendment becomes part of the Constitution when ratified by three-quarters of the states (38 out of 50 states) through either of these routes. The state convention method has only been used once, for the Twenty-First Amendment in 1933, which repealed the Eighteenth Amendment and ended prohibition.
Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, the Archivist certifies 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.
It is worth noting that some states have made it more difficult for citizens to amend their laws, and Florida is unique in allowing constitutional commissions to submit amendments directly to voters.
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The role of Congress
The process of amending the US Constitution is a complex one, and the role of Congress is critical in this process. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, bypassing the President, and is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
Congress plays a pivotal role in determining the mode of ratification for each amendment. Once an amendment is proposed, Congress decides whether it will be sent to state legislatures or state ratifying conventions for approval. This decision-making power was affirmed by the Supreme Court in United States v. Sprague (1931). The ratification process requires approval by three-quarters of the states, or 38 out of 50 states. This can be achieved through state legislatures or ratifying conventions, with the latter method only being used once in history for the Twenty-First Amendment in 1933.
Congress has been active in proposing amendments throughout US history. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Of these, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these proposals have been successfully ratified and are now part of the Constitution.
In summary, the role of Congress in the amendment process is multifaceted. Congress initiates the process by proposing amendments, determines the mode of ratification, and sets ratification deadlines. Their involvement ensures that proposed amendments are carefully considered and aligned with the interests of both the federal government and the states.
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The role of the President
The President does not have a constitutional role in the amendment process. The US Constitution is difficult to change and has only been amended 27 times. 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. None of the 27 amendments to the Constitution have been proposed by constitutional convention.
The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
In the past, some state legislatures have not waited to receive official notice before taking action on a proposed amendment. 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.
The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50). 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 serves as official notice to Congress and the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including, on occasion, the President. While the President's role in the constitutional amendment process is not constitutionally defined, their presence at the ceremonial signing of a certified amendment underscores the importance and finality of the amendment's adoption.
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The Supreme Court's role
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. This article establishes the authority of Congress to propose amendments, which are then subject to ratification by either the state legislatures or state ratifying conventions. The Supreme Court plays a crucial role in interpreting and enforcing these constitutional provisions, ensuring that any changes to the nation's founding document are carried out in accordance with established procedures.
One of the key roles of the Supreme Court is to resolve disputes arising from the amendment process. For example, in United States v. Sprague (1931), the Court affirmed Congress's authority to choose the mode of ratification for each amendment, whether through state legislatures or state ratifying conventions. This ruling clarified that amendments ratified by either method carry equal validity as part of the Constitution. The Court's decision in Hawke v. Sprague established an important precedent for guiding the implementation of future amendments.
The Supreme Court also weighs in on the constitutionality of specific amendments. In Coleman v. Miller (1939), the Court upheld Congress's power to set a ratification deadline for proposed amendments. This ruling provided clarity on the timeframe within which states must act to ratify an amendment, preventing proposals from remaining in legislative limbo indefinitely. The Court's interpretation of Article V affirmed that Congress can indeed set parameters for the amendment process.
In addition to interpreting the amendment process, the Supreme Court also considers the implications of amendments once they become part of the Constitution. The Tenth Amendment, for instance, has been invoked in several Supreme Court cases to determine the extent of the federal government's powers. In Cooper v. Aaron (1958), the Court ruled that Arkansas could not delay school desegregation as it violated the Constitution, as previously established in Brown v. Board of Education of Topeka. Similarly, in United States v. Alfonso D. Lopez, Jr. (1995), the Court found that federal laws creating "gun-free zones" on school campuses were unconstitutional, as they exceeded the federal government's authority under the Commerce Clause.
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Frequently asked questions
The U.S. Constitution has been amended 27 times since it was put into operation on March 4, 1789. State constitutions, on the other hand, are amended regularly and more frequently.
The authority to amend the U.S. Constitution comes from Article V of the Constitution. Amendments 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-quarters of the state legislatures or ratifying conventions in three-quarters of the states.
The Archivist of the United States is responsible for administering the ratification process. They receive certified copies of state actions regarding ratification and maintain custody of these documents until an amendment is adopted or fails. Once an amendment is ratified, the Archivist issues a certificate proclaiming it as an operative part of the Constitution.
