Simone Lawson
The US Constitution, drafted in 1787, has been amended 27 times since its inception. Amendments are 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. Amendments address significant issues affecting all Americans or securing the rights of citizens. The process is challenging and time-consuming, with proposals requiring approval by two-thirds of both houses of Congress before ratification by 38 of 50 states. The Constitution's decentralised structure, established under the Articles of Confederation, has undergone shifts in power dynamics between federalists and anti-federalists, with amendments like the Bill of Rights aiming to limit federal power and protect individual liberties.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment process | A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by 38 of 50 states |
| Number of amendments | 27 since the Constitution was drafted in 1787 |
| Amendment examples | Giving women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, lowering the minimum voting age from 21 to 18, and adding the Bill of Rights |
| Bill of Rights | The first ten amendments to the Constitution, safeguarding freedoms like speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury |
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What You'll Learn
The process of amending the Constitution
The United States Constitution was written \"to endure for ages to come\". As such, the process of amending the Constitution is deliberately difficult and time-consuming. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution to date have been proposed by constitutional convention. When Congress proposes an amendment, it does so in the form of a joint resolution, which does not go to the White House for 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 then adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the States.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50). Once the OFR has received the required number of authenticated ratification documents, it 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 U.S. Statutes at Large and serves as official notice to the Congress and to 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 the President.
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The Bill of Rights
The Constitution of the United States has been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. James Madison wrote the amendments, which were influenced by the Virginia Declaration of Rights, the Magna Carta, the English Bill of Rights, and other documents.
- The First Amendment, which protects freedom of speech, religion, and the press, as well as the right to peaceably assemble and petition the government.
- The Second Amendment, which guarantees the right to keep and bear arms.
- The Third Amendment, which prohibits the quartering of soldiers in private homes without the owner's consent.
- The Fourth Amendment, which protects citizens against unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.
- The Ninth Amendment, which states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage other rights retained by the people.
- The Tenth Amendment, which reserves powers to the states or to the people if they are not delegated to the United States by the Constitution or prohibited by it to the states.
The process of amending the Constitution is outlined in 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 an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
While the Bill of Rights has been an important part of the Constitution for over 200 years, there have been recent discussions and proposals for additional amendments that would further shift the American constitutional landscape. These proposals include amendments to outlaw flag burning, allow voluntary school prayer, make English the official language, and abolish the Electoral College.
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The role of Congress in proposing amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. The Congress, whenever two-thirds of both Houses (the House of Representatives and the Senate) deem it necessary, can propose amendments to the Constitution. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President.
Since the founding of the US, Congress has proposed 33 amendments to the Constitution, 27 of which have been ratified by three-quarters of the States and have become part of the Constitution. The process of amending the Constitution is deliberately difficult and time-consuming. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority in each House required for submission to the States for ratification.
Additionally, it is worth mentioning that another method for proposing amendments exists, although it has never been utilised. As outlined in Article V, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. This alternative process has gained some support, with individuals like retired federal judge Malcolm R. Wilkey advocating for a new convention to address issues of gridlock, excessive influence by interest groups, and the focus of Congress members on re-election.
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The role of the President in the amendment process
The President does not have a constitutional role in the amendment process. The Constitution provides that an amendment 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. Neither Article V of the Constitution nor Section 106b describes the ratification process in detail.
The joint resolution for an amendment does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States, including formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
While the President does not have a formal constitutional role in the amendment process, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
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The impact of political fixes on the Constitution
The US Constitution has had a profound impact on legal thinking and adaptation in emerging nations. European colonies in the 19th century referenced it when developing their own freely elected governments, citing the rights of man and the separation of powers. The US Constitution has also influenced independence movements after World War II.
However, the US Constitution has only been amended 27 times since it was drafted in 1787. The amendment process is challenging and time-consuming, requiring a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states. This has led to criticism that the Constitution is "radically defective" and in need of change to address its fault lines.
Some commentators have argued that political fixes do not belong in the Constitution, with the enactment and subsequent repeal of Prohibition cited as an example. Others have suggested that the Constitution has been corrupted by a system that has led to gridlock and excessive influence by interest groups.
The difficulty of amending the Constitution has resulted in a "dangerous reversal" of the maxim "If it isn’t broken, it doesn’t need fixing". This has led to a perception that if a problem cannot be fixed, then it is not broken, which may hinder efforts to address the Constitution's shortcomings.
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Frequently asked questions
The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
The Constitution has been amended 27 times since 1787. Notable amendments include the Bill of Rights, which limits government power and protects individual liberties, the 19th Amendment, which gave women the right to vote, and the 26th Amendment, which lowered the minimum voting age from 21 to 18.
Some possible future amendments include outlawing flag burning, voluntary school prayer, making English the official language, and abolishing the Electoral College.
