Amending The Constitution: Why And How We Do It

The United States Constitution was designed to endure, and amending it is a challenging and time-consuming process. Article V of the Constitution outlines two methods for amending it. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method is through a constitutional convention requested by two-thirds of the state legislatures. A proposed amendment must then be ratified by three-fourths of the state legislatures or ratifying conventions in three-fourths of the states. This process ensures that only significant changes affecting all Americans or securing citizens' rights are made to the Constitution.

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The process to amend the US Constitution

There are two methods for proposing amendments to the Constitution. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, also known as a joint resolution. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is sent 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.

The second method for proposing amendments has never been used. It involves two-thirds of the state legislatures requesting Congress to call a constitutional convention to propose amendments.

Once an amendment is proposed, it must be ratified. There are two methods for ratifying an amendment:

• Ratification by the legislatures of three-quarters (38 out of 50) of the states
• Ratification conventions in three-quarters of the states

The first method has been used for all amendments except the Twenty-First Amendment in 1933. After an amendment is ratified, the Archivist of the United States certifies the adoption of the amendment, and the Director of the Federal Register signs the certification as a witness. The certification process has become a ceremonial function attended by various dignitaries.

In summary, amending the US Constitution is a challenging and deliberate process that requires supermajority support in Congress and among the states. The process begins with a proposed amendment, followed by ratification, and finally, certification.

Article V of the US Constitution

Once an amendment has been proposed, it must be ratified. There are two ways in which ratification can occur: either by a vote of the state legislatures, or by ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union. 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 process of amending the Constitution is deliberately difficult and time-consuming. The framers intended for the Constitution to endure for ages, and so made it challenging to alter. Since the Constitution was drafted in 1787, there have been 27 amendments, including the first ten amendments, known as the Bill of Rights. More than 10,000 measures to amend the Constitution have been proposed in Congress, but only 33 have been approved and sent to the states for ratification. Of these, six have not been ratified by the required number of states and are not part of the Constitution.

Article V also makes certain subjects unamendable. For example, no amendment made before 1808 could affect the first and fourth clauses in the ninth section of the first article, and no state can be deprived of its equal suffrage in the Senate without its consent.

The role of Congress in proposing amendments

The United States Constitution was crafted with the intention of enduring for ages. To ensure its longevity, the framers made the process of amending the document challenging. Since the Constitution was drafted in 1787, it has only been amended 27 times, including the first 10 amendments, which were adopted as the Bill of Rights four years later.

The authority to amend the Constitution of the United States is derived 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. This process, outlined in Article V, has been the only successful method of initiating constitutional change so far. Congress has proposed 33 amendments using this procedure, 27 of which were ratified by the states.

The amendment process is challenging and time-consuming. A proposed amendment must pass with a two-thirds majority in both houses of Congress before being ratified by the legislatures of three-fourths of the states (38 out of 50 states). This requirement ensures that any amendment has a significant impact on all Americans or safeguards their rights.

Congress can propose amendments on its own initiative or upon the application of two-thirds of the state legislatures. The latter method, which involves calling for a constitutional convention, has never been used. Once Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services.

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Ratification by state legislatures

The United States Constitution was crafted to endure, and amending it is a challenging and lengthy process. The Constitution has been amended only 27 times since 1787, with the first 10 amendments, known as the Bill of Rights, being adopted four years later. Article V of the Constitution outlines two methods for proposing amendments.

The first method involves Congress proposing an amendment with 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 President does not play a constitutional role in this process, and the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.

The second method, which has never been used, involves two-thirds of state legislatures requesting Congress to call a constitutional convention to propose amendments.

Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress:

The process of ratification by state legislatures involves the following steps:

• Submission to State Legislatures: Once an amendment is proposed, it is submitted to the state legislatures for their consideration. Governors may formally submit the amendment to their respective state legislatures. In some cases, states have taken action on a proposed amendment even before receiving official notice.
• Deliberation and Vote: The state legislatures then deliberate on the proposed amendment. Each state legislature discusses the merits and implications of the amendment and decides whether to ratify it. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
• Certification of Ratification: When a state legislature ratifies an amendment, it sends an original or certified copy of the state's action to the Archivist of the United States. This document is then conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents to ensure they meet the legal requirements and have authentic signatures.
• Acknowledgement and Record-Keeping: Upon receiving ratification documents in good order, the Director of the Federal Register acknowledges receipt and maintains custody of the documents. The OFR retains these records until an amendment is adopted or fails, after which the documents are transferred to the National Archives for preservation.
• Achieving the Necessary Majority: For an amendment to become part of the Constitution, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states). This requirement ensures that any change to the Constitution reflects the widespread support and consent of the states.
• Completion of the Process: Once the necessary majority of state legislatures have ratified the amendment, the process is completed, and the amendment becomes an integral part of the Constitution. The certification of ratification has become a ceremonial function, with various dignitaries witnessing and signing the documents.

The ratification process by state legislatures is a critical component of amending the Constitution, ensuring that any changes reflect the will of the people and have the support of a significant majority of the states. It empowers the states to have a direct say in shaping the fundamental law of the nation.

The difficulty of amending the Constitution

The United States Constitution was designed to "endure for ages to come", and its framers made the process of amending it a challenging task. The Constitution has been amended only 27 times since it was drafted in 1787, demonstrating the difficulty of the process.

Amending the Constitution is a complex and time-consuming process. It 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. This means that any proposed amendment must have significant support across a large portion of the country. Additionally, the President does not have a constitutional role in the amendment process, further emphasising the need for broad consensus.

Once an amendment is proposed, it must be ratified. Ratification can occur through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. This ensures that any amendment has the support of a significant majority of the country's population. The process of ratification is not described in detail in the Constitution, but it is typically administered by the Archivist of the United States and the Director of the Federal Register, who follow established procedures and customs.

The high bar for amending the Constitution has led to some proposed amendments failing to be ratified, even with support from prominent figures such as President Clinton. Some commentators argue that recent efforts to amend the Constitution go too far, while others believe that the number of proposed amendments is not uncommon. However, it is clear that amending the Constitution was intended to be a challenging and rare occurrence, ensuring that any changes have a significant impact on the country and the rights of its citizens.

Despite the difficulty of amending the Constitution, more than 10,000 measures to do so have been proposed in Congress. This suggests that while the process is challenging, it is not impossible, and there is a recognition that the Constitution should evolve as society changes. However, the framers of the Constitution intended for it to be a stable and enduring document, and the amendment process is designed to reflect that.

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