Jonah Patel
The process of amending the US Constitution is deliberately difficult. The Constitution's Article V requires an amendment to be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. The amendment must then be ratified by three-quarters of US states. This process can also be used to repeal an amendment, as was done with the 18th Amendment, which prohibited the manufacture, sale, and transportation of alcohol. Only 27 amendments have been ratified since the Constitution was approved in 1788, with the most recent being the 27th Amendment in 1992.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | By Congress or through a constitutional convention demanded by state legislatures |
| Proposal in Congress | Requires a two-thirds majority vote in both the House of Representatives and the Senate |
| Proposal in a constitutional convention | Requires two-thirds of state legislatures |
| Amendment ratification | Requires three-quarters of the states (38 of 50 states) |
| Ratification process | Administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Ratification documentation | States send original or certified copies of state action to the Archivist |
| Certification | Formal proclamation drafted by the OFR for the Archivist to certify the amendment as valid |
| Number of amendments | 27 |
| Number of proposed amendments | Approximately 11,699 |
| Amendments repealed | 1 (the 18th Amendment) |
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What You'll Learn
- Amendments can be proposed by Congress or a constitutional convention
- Amendments require a two-thirds majority in the House and Senate
- Amendments must be ratified by three-quarters of US states
- The President has no constitutional role in the amendment process
- The Supreme Court modifies the Constitution through its decisions
Amendments can be proposed by Congress or a constitutional convention
The process of amending the US Constitution is intentionally challenging. The Constitution's framers wanted to ensure that any changes to the document would be meaningful and well-considered. As a result, the Constitution has only 27 amendments, with the most recent one being added in 1992.
Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. To propose an amendment, Congress must pass a joint resolution with a two-thirds majority in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose an amendment.
The process of proposing an amendment through a constitutional convention has never been used. All 27 amendments to the Constitution have been proposed by Congress. Any member of the House of Representatives or the Senate can propose an amendment, and citizens are free to petition Congress or their state legislatures for amendments.
Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50 states) to become part of the Constitution. This can be done through state legislatures or state conventions. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works with the Director of the Federal Register to ensure the amendment's legal sufficiency and authenticity.
While there is no formal independent "repeal" process for constitutional amendments, they can be repealed or amended through the same process of proposing and ratifying a new amendment. The 18th Amendment, which established Prohibition, is the only amendment that has been repealed. It was repealed by the 21st Amendment, which also gave states the power to define alcohol laws within their borders.
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Amendments require a two-thirds majority in the House and Senate
The process of amending the US Constitution is intentionally challenging. The Constitution's framers wanted to ensure that any changes to the document would be meaningful and carefully considered. As a result, the Constitution has only been amended 27 times since its ratification in 1788.
Amending the Constitution 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 state legislatures. This process is outlined in Article V of the Constitution. The two-thirds majority requirement ensures that any proposed amendment has broad support and consensus across the country. It also helps to prevent hasty or frivolous changes to the nation's founding document.
The two-thirds majority in the House and Senate is only the first step in the amendment process. After an amendment is proposed, it must be ratified by three-quarters of the states, or 38 out of 50 states. This step ensures that the amendment has widespread support across the country and is not just a regional or partisan effort. The ratification process can be carried out by state legislatures or state conventions, depending on the specific amendment.
The process of amending the Constitution is deliberately long and arduous. It is designed to ensure that any changes to the nation's founding document are carefully considered and broadly supported. The two-thirds majority requirement in the House and Senate is a critical first step in this process, serving as a significant hurdle that any proposed amendment must clear before moving forward.
While the two-thirds majority requirement is an important safeguard, it is important to note that there are other ways to interpret and effectively modify the Constitution. For example, the Supreme Court's decisions can shape how the Constitution is understood and applied. Additionally, Congress can enact laws that expand the Constitution to address unforeseen future events. These alternative methods of interpretation and modification highlight the complexity and adaptability of the US Constitution.
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Amendments must be ratified by three-quarters of US states
The US Constitution has only 27 amendments because its framers intended the process to be difficult. Amending the Constitution was never meant to be simple. Although thousands of amendments have been discussed since the original document was approved in 1788, there are now only 27 amendments in the Constitution. Thomas Jefferson believed the Constitution should be amended at regular intervals, but James Madison, the "father of the Constitution", rejected this idea.
The Constitution's Article V requires that an amendment be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. It is up to the states to approve a new amendment, with three-quarters of the states voting to ratify it.
The process of changing the Constitution by means other than the formal amendment process has historically taken place and will continue to take place. For example, the Supreme Court, in many of its decisions effectively modifies the Constitution. Similarly, the framers gave Congress, through the legislative process, the power to enact laws that expand the Constitution as needed to respond to unforeseen future events.
Once a new amendment is drafted by either a convention of the states or by Congress, the new amendment is proposed directly to the several states for ratification. When the proposed amendment is sent to the states, Article V provides that the amendment "shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress." Accordingly, once three-quarters of the states (38 of 50 states) ratify the proposed amendment under either method, the amendment is enacted and becomes part of the Constitution.
The one instance of an amendment appeal, the 21st Amendment, shows how this unusual process works. The 18th Amendment ratified in 1919 prohibited “the manufacture, sale, or transportation of intoxicating liquors” nationwide under most circumstances. By the early 1930s, Prohibition had become unpopular and Congress passed the 21st Amendment, with its repeal provision, in February 1933 just before Franklin Roosevelt became President.
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The President has no constitutional role in the amendment process
The process of amending the US Constitution is a challenging one, and it has only been amended 27 times in its over 230-year history. The Constitution's framers intended for the process to be difficult, as they believed the document should never be amended frivolously or haphazardly.
Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. To be proposed by Congress, an amendment must receive a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can demand a constitutional convention to propose an amendment. In either case, the amendment must then be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The President of the United States has no constitutional role in the amendment process. The Supreme Court has affirmed this interpretation, stating that the President has nothing to do with the proposition or adoption of amendments to the Constitution. As such, any joint resolution proposing an amendment does not require the President's signature or approval. While the President's signature may have been obtained in the past, it was not necessary for the proposal or ratification of the amendment.
Although the President has no formal role in the amendment process, they may still express their opinion on proposed amendments and attempt to persuade Congress to vote for or against them. In recent history, the signing of the certification of a new amendment has become a ceremonial function attended by various dignitaries, including the President. However, the presence of the President at this ceremony is not a constitutional requirement.
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The Supreme Court modifies the Constitution through its decisions
The process of amending the US Constitution is intentionally difficult. The Constitution's framers wanted to ensure that amendments were not made frivolously or haphazardly, and so the process was designed to be challenging. As a result, in over 230 years, there have only been 27 amendments to the Constitution.
The Supreme Court, as the highest court in the land, plays a crucial role in the constitutional system of government. The Court's power of judicial review allows it to ensure that each branch of government recognizes its limits and does not violate the Constitution. In Marbury v. Madison (1803), the Supreme Court established its ability to declare a Legislative or Executive act in violation of the Constitution. This power of judicial review allows the Court to effectively modify the Constitution through its decisions.
In addition to the Supreme Court's interpretation of the Constitution, the process of amending the document can be initiated by Congress or through a constitutional convention demanded by state legislatures. An amendment must be proposed by two-thirds of the House and Senate or by two-thirds of state legislatures calling for a constitutional convention. The amendment then requires ratification by three-quarters of the states (38 out of 50). This process ensures that any changes to the Constitution reflect the consensus of a broad majority of Americans.
While the formal amendment process is challenging, it is not the only way the Constitution has been changed over time. The Supreme Court's interpretations and decisions have played a significant role in shaping the Constitution's meaning and application. In McCulloch v. Maryland (1819), Chief Justice John Marshall wrote that the Constitution was intended to be adapted to the various crises of human affairs, highlighting the Court's role in interpreting the document for modern times.
In conclusion, while the process of formally amending the Constitution is intentionally difficult, the Supreme Court's decisions and interpretations have also played a crucial role in modifying and adapting the Constitution to meet the evolving needs of the nation. The Court's power of judicial review and its ability to strike down laws that violate the Constitution ensure that the nation's laws remain consistent with the fundamental values of all Americans, such as freedom of speech, freedom of religion, and due process of law.
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Frequently asked questions
There is no independent "repeal" process for constitutional amendments. An amendment can be proposed by Congress or through a constitutional convention demanded by two-thirds of state legislatures. The amendment must then be approved by three-quarters of the states.
Yes, the Eighteenth Amendment, which prohibited the manufacture, sale, and transportation of intoxicating liquors, was repealed by the Twenty-First Amendment.
It is very difficult to remove a constitutional amendment. The process is purposely long and arduous. Out of the 11,699 proposed amendments since 1789, only 27 have been ratified, a success rate of about 0.002%
