Omar Bennett
The process of overturning a constitutional amendment is a challenging and rare endeavour. The US Constitution has only 27 amendments, with the most recent one being added in 1992, due to the stringent requirements for modification. To repeal an amendment, there are two methods: the first requires a proposed amendment to be passed by the House and Senate with a two-thirds majority, followed by ratification from three-fourths of the states. The second method involves convening a Constitutional Convention at the request of two-thirds of state legislatures, with the drafted amendments needing ratification by three-fourths of the states. While the Supreme Court and Congress can effectively modify the Constitution through decisions and laws, formally altering it is a difficult task, ensuring that amendments are not made lightly.
| Characteristics | Values |
|---|---|
| Number of amendments to the U.S. Constitution | 27 |
| Amendments proposed by constitutional convention | 0 |
| Amendments proposed by Congress | 27 |
| Amendments proposed by state legislatures | N/A |
| Minimum votes required to propose an amendment in the House of Representatives and the Senate | Two-thirds majority |
| Minimum number of states required to ratify an amendment | 38 of 50 |
| Minimum number of state legislatures required to call a constitutional convention | Two-thirds |
| Odds of repealing an amendment | Very low |
| Number of amendments that have been discussed since 1788 | Thousands |
| Number of amendments approved by Congress but not ratified by states | 6 |
| Number of amendments repealed by states | 1 (18th Amendment) |
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What You'll Learn
Two-thirds majority in the House and Senate
The process of overturning a constitutional amendment is a challenging and rare endeavour. The U.S. Constitution has been amended only a few times in its over 230-year history, reflecting the framers' intention to make the process demanding.
One of the methods to repeal an amendment is to secure a two-thirds majority in both the House and the Senate. This process, outlined in Article V of the Constitution, allows any member of the House of Representatives or the Senate to propose an amendment. It is important to note that the President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval.
To achieve a two-thirds majority in the House and Senate, an amendment resolution must garner significant support. This supermajority requirement ensures that any changes to the Constitution are thoroughly considered and broadly accepted. The high threshold also discourages frequent or frivolous amendments, preserving the stability and continuity of the nation's governing document.
Once the two-thirds majority is achieved in both chambers, the proposed amendment enters the ratification process. This process is administered by the Archivist of the United States, who, along with the Director of the Federal Register, follows established procedures and customs. The amendment must then be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
While the two-thirds majority in the House and Senate is a crucial step in the process, it is just the beginning. The road to overturning a constitutional amendment is lengthy and complex, underscoring the importance of thoughtful and deliberate changes to the nation's foundational document.
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Ratification by three-fourths of the states
The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who 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. Once an amendment is adopted or fails, the records are transferred to the National Archives for preservation.
The second method to repeal an amendment involves two-thirds of state legislatures calling for a constitutional convention, where the states would draft amendments that would then have to be ratified by three-fourths of the states.
The U.S. Constitution has only been amended 27 times, as the framers wanted the process to be difficult. They knew that the Constitution would have to be amended but believed it should never be amended frivolously or haphazardly.
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Supreme Court decisions
While the Supreme Court is the highest court in the US, its decisions can be—and have been—overturned. There are several ways this can be achieved.
Firstly, Congress can propose amendments to the US Constitution to overturn Supreme Court rulings. According to Article V of the Constitution, such amendments can be proposed by a two-thirds majority in both houses of Congress or by a convention called at the request of two-thirds of state legislatures. These amendments must then be ratified by three-quarters of the state legislatures or special conventions. This process allows Congress to address and reverse judicial interpretations of constitutional issues. Notable examples of amendments that have directly countered Supreme Court decisions include the Eleventh Amendment, which limited federal court jurisdiction over state lawsuits, and the Thirteenth and Fourteenth Amendments, which abolished slavery and granted citizenship rights to former slaves.
Secondly, if Congress wishes to overturn a Supreme Court ruling interpreting a federal statute, it can do so by passing another law or amending an existing one. This process is simpler than amending the Constitution and has been used on several occasions. For example, when the Supreme Court ruled that the Equal Protection Clause only prohibits discrimination by government entities and not private entities, Congress used its power to regulate commerce to extend non-discrimination protections to the private sector.
Thirdly, the Supreme Court can overrule its own decisions, although this is rare. A notable example is Brown v. Board of Education, which declared racial segregation in public schools unconstitutional. This directly contradicted the earlier Plessy v. Ferguson case, which established the "separate but equal" legal standard for segregation.
It is important to note that while Congress can propose amendments and pass laws to address Supreme Court rulings, these actions are subject to review by the Court, which can declare laws unconstitutional and invalidate them. This dynamic interplay between legislative power and judicial authority ensures a system of checks and balances within the US governance structure.
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State legislatures' role
The U.S. Constitution has only been amended 27 times, as the process of amending it is intentionally challenging. The Constitution's framers wanted to ensure that amendments were never made frivolously or haphazardly. As a result, the process of repealing an amendment is similarly difficult.
There are two ways to repeal a constitutional amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states (38 out of 50 states). This process is overseen by the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The second way to repeal an amendment is through a constitutional convention. This method requires two-thirds of state legislatures to call for a convention, and the states would then draft amendments. These amendments must be ratified by three-fourths of the states. It is worth noting that none of the 27 amendments to the Constitution have been proposed by constitutional convention.
While the President typically expresses their opinion on proposed amendments, they do not have a constitutional role in the amendment process, and their signature or approval is not required.
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Presidential opinion
While the President of the United States may express their opinion on proposed amendments to the Constitution, they do not have a constitutional role in the amendment process. The President is not required to sign or approve the amending resolution. However, they may attempt to persuade Congress to vote for or against it.
In the past, presidents have endorsed ideas for amendments, such as President Clinton's support for a crime victims' rights amendment, and President Trump's attempt to take away the citizenship guarantee in the 14th Amendment. The Supreme Court has also played a role in interpreting and effectively modifying the Constitution through its decisions.
The process of amending the Constitution is deliberately difficult and time-consuming. An amendment must be proposed by two-thirds of both houses of Congress or by a constitutional convention called for by two-thirds of state legislatures. It must then be ratified by three-quarters of the states. This rigorous process ensures that amendments are reserved for significant changes that impact all Americans or secure the rights of citizens.
While the President may witness the certification of amendments, as seen with Presidents Johnson, Nixon, and Clinton, their role is primarily ceremonial. The authority to amend the Constitution is derived from Article V, which outlines the process. The Archivist of the United States and the Director of the Federal Register play key administrative roles in the ratification process.
In summary, while the President can influence public opinion and attempt to persuade Congress, they do not have the power to single-handedly overturn or implement a constitutional amendment. The process involves Congress, state legislatures, and, ultimately, ratification by a significant majority of states.
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Frequently asked questions
The likelihood of overturning a constitutional amendment is extremely low. The odds of any constitutional amendment being repealed are roughly the same as an 80-year-old person being struck by lightning during their lifetime.
There are two ways to repeal an amendment. One way is to pass a proposed amendment with a two-thirds majority vote in both the House and the Senate, followed by ratification by three-fourths of the states. The second way is to have a Constitutional Convention, which requires two-thirds of the state legislatures to call for it. The drafted amendments then need to be ratified by three-fourths of the states.
An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate, or by two-thirds of state legislatures calling for a constitutional convention.
