Simone Lawson
The process of amending the Constitution of a country is a complex and lengthy affair. The United States Constitution, for example, has only been amended 27 times since 1787, with each amendment requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. State constitutions, on the other hand, are amended more frequently, with Alabama's former constitution being amended 977 times between 1901 and 2022. The process of amending constitutions varies across different countries and states, with some requiring referendums, others legislative majority votes, and yet others following a combination of these steps.
| Characteristics | Values |
|---|---|
| Difficulty of amending the constitution | High |
| Number of amendments to the US constitution | 27 |
| Number of amendments to state constitutions | ~7,000 |
| Number of amendments proposed by Congress but not ratified by states | 6 |
| Number of amendments to the Alabama constitution between 1901 and 2022 | 977 |
| Number of constitutional referendums in Italy | 4 |
| Number of states requiring supermajority legislative vote to generate amendments | 25 |
| Number of states requiring three-fifths supermajority legislative vote | 9 |
| Number of states requiring two-thirds supermajority legislative vote | 16 |
| Number of states allowing approval of amendments by a majority vote in a single session | 10 |
| Requirements for legislatures to craft amendments | Majority or supermajority legislative support |
| Requirements for conventions | Majority or supermajority legislative vote |
| Ratification of amendments | Three-fourths of state legislatures or conventions |
| Submission of amendments to voters for approval | Required in most cases |
| Submission of amendments directly to voters | Constitutional commissions in Florida |
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What You'll Learn
The amendment process
Amending the US Constitution is a challenging and lengthy process. The framers intended it to be this way to ensure its longevity. The Constitution has been amended only 27 times since 1787, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights.
A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states (38 out of 50). Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments, which would then need to be ratified by three-fourths of the states. However, this method has never been used.
State constitutions, on the other hand, are amended regularly and are much easier to modify. State constitutional amendments are often generated by state legislatures and can be adopted through a majority or supermajority legislative vote, depending on the state. Some states also allow amendments to be proposed through a convention or commission, which typically requires voter approval.
The process for amending the US Constitution is outlined in Article V of the Constitution. While it establishes the two methods for proposing amendments, it does not provide detailed procedures for the ratification process. The Archivist of the United States and the Director of the Federal Register are responsible for administering the ratification process, following established procedures and customs. Once an amendment is ratified, the Archivist certifies its validity, and it becomes part of the Constitution.
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Congress's role
Congress plays a crucial role in the process of amending the United States Constitution, as outlined in Article V. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the first method of proposing amendments. Congress has followed this procedure to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification.
The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of the state legislatures. This method reflects a compromise made during the 1787 Constitutional Convention, with some arguing for the national legislature's exclusion from the amendment process and others contending that proposals should originate there.
Congress has initiated all 33 amendments submitted to the states for ratification, with 27 of these being ratified and becoming part of the Constitution. Congress can specify the ratification method, with the legislatures of three-quarters of the states being the most common approach. The other option, used only once in 1933 for the Twenty-First Amendment, is ratifying conventions conducted in three-quarters of the states.
Congress also has the power to set a deadline for ratification, as affirmed by the Supreme Court in Dillon v. Gloss (1921). If an amendment is not ratified by the required number of states within the deadline, it is considered inoperative. The certification of a successful amendment is a formal process involving the Archivist of the United States and various dignitaries, including the President.
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State legislature's role
The process of amending the US Constitution is a complex and lengthy one. It involves the state legislatures and the Congress, with the former playing a crucial role in proposing and ratifying amendments.
State legislatures have the power to initiate the amendment process by calling for a constitutional convention. This involves two-thirds of state legislatures applying to Congress to propose amendments. However, in the history of the US Constitution, no amendments have been proposed through a constitutional convention. Despite this, state legislatures generate more than 80% of constitutional amendments considered and approved annually.
The process of proposing amendments varies across states. Some states require amendments to secure the support of the majority of legislators, while others mandate supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others demand consecutive sessions. The path to legislative approval of amendments is easiest in states that permit a majority vote in a single session, which is the case in 10 states. Twenty-five states have a higher threshold, with 16 requiring a two-thirds vote and 9 asking for a three-fifths vote.
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. State legislatures play a vital role in this process, as they are responsible for ratifying proposed amendments. The ratification process involves the governor submitting the amendment to the state legislature, and upon ratification, an original or certified copy of the state action is sent to the Archivist of the United States, who administers the ratification process.
In summary, while the Congress proposes amendments, the state legislatures play a significant role in both proposing and ratifying constitutional amendments. The process ensures that any changes to the Constitution reflect the will of a significant portion of the country and safeguard the rights and interests of citizens.
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Ratification
The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who follows established procedures and customs. When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist, who forwards it to the Director of the Federal Register for examination and custody. The Director assesses the ratification documents for facial legal sufficiency and the presence of an authenticating signature.
Once the required number of authenticated ratification documents is received by the Office of Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify the amendment's validity. 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 signing of this certification has become a ceremonial function that may be attended by dignitaries, including the President.
It is worth noting that state constitutions are amended much more frequently and with greater ease compared to the federal Constitution. State legislatures generate over 80% of constitutional amendments approved annually, with varying requirements for legislative support. In contrast, amending the U.S. Constitution is a meticulous and time-consuming process, underscoring the framers' intention for the document to endure.
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History of amendments
The United States Constitution has been amended 27 times since it was ratified in 1789. Over 11,000 amendments have been proposed, but only 27 have been ratified. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments were proposed to secure support for the Constitution among Anti-Federalists, who feared it gave too much power to the national government at the expense of individual states.
The First Amendment is arguably the most famous and most important. It states that Congress can pass no law that encroaches on Americans' freedom of religion, speech, and the press, as well as their freedom to assemble and petition the government. The Second Amendment, which states that "the right of the people to keep and bear Arms, shall not be infringed," is also a part of the Bill of Rights.
The Founding era (1791-1804) gave us our first 12 amendments, including the Bill of Rights. The Reconstruction era (1865-1870) produced three amendments that are collectively known as the Reconstruction Amendments: the 13th, 14th, and 15th. The Reconstruction Amendments abolished slavery, promised freedom and equality, and extended the right to vote to African Americans.
The Eighteenth Amendment, ratified in 1919, established the prohibition of alcohol. It was repealed by the Twenty-first Amendment in 1933, which is the only amendment to be ratified through a state ratifying convention. The Eighteenth Amendment is the only amendment that has been explicitly repealed by another amendment.
The most recent amendment occurred over three decades ago.
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Frequently asked questions
The US Constitution has been amended 27 times since it was drafted in 1787. Amending the Constitution is a difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures.
Some examples of proposed amendments to the US Constitution include those related to congressional term limits, a balanced budget amendment, outlawing flag burning, voluntary school prayer, making English the official language, and abolishing the Electoral College.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many ministerial duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature.
Amending the US Constitution is a more challenging process compared to modifying state constitutions. State constitutions are amended regularly, with some states like Alabama amending their constitution more than three to four times per year on average.
Internationally, the process of amending constitutions varies. For example, in Italy, there have been four constitutional referendums held, while the Netherlands requires a simple majority to propose a change and a two-thirds majority in both houses of parliament to enact it. In the United Kingdom, the final authority on constitutional matters rests with Parliament, which can make changes by a simple majority. Additionally, countries like Ireland and Australia require amendments to be approved in a referendum before becoming law.
