Simone Lawson
The Constitution of the United States has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted four years later as the Bill of Rights. Amending the Constitution is a difficult and time-consuming process, and there are several ways it can be done. One way, as outlined in Article V, is for Congress to propose an amendment, which must then be ratified by three-fourths of the states (38 out of 50). This process has been used for every amendment so far, with two-thirds of both the House of Representatives and the Senate needing to propose an amendment before it can be sent to the states for ratification.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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 ratification | Three-fourths of the States (38 of 50 States) |
| Amendment certification | The Archivist of the United States, witnessed by dignitaries such as the President |
| Number of amendments | 27 since 1787 |
| Amendment subjects | Major impact on all Americans or securing rights of citizens |
| Unamendable subjects | No amendment can deprive a state, without its consent, of its equal suffrage in the Senate |
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What You'll Learn
The role of Congress
The Constitution of the United States can be amended in two ways. One of these methods involves Congress, and this route has been taken for all 27 amendments to the Constitution since it was drafted in 1787.
Congress proposes an amendment to the states, which must then be ratified by three-quarters of the states (38 out of 50) before it can be added to the Constitution. This proposal requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is sent to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication.
Congress can also call for a constitutional convention, which has never happened, but it is a valid way to propose amendments. Two-thirds of the state legislatures must request this convention, and the amendments proposed by this convention would then be sent to the states for ratification.
Congress plays a crucial role in the amendment process, as it can propose amendments and determine which method the states must follow for ratification. The amendment process is intentionally difficult and time-consuming, ensuring that any changes to the Constitution are well-considered and have a significant impact on the nation.
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The role of the President
The President of the United States does not have a constitutional role in the amendment process. However, the President can influence the interpretation of the Constitution and, in recent history, has been involved in the ceremonial function of signing the certification of amendments.
The President's role in amending the Constitution is limited to their presence at the signing ceremony, which is attended by various dignitaries. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
While the President does not have a direct role in amending the Constitution, they can influence the interpretation of the document. The constitutional system can be changed by the President, as well as by Congress, the courts, and the evolving understandings of the people. An example of this is how the President is elected. Formally, the President is elected by electors, not by voters directly. The original idea was that electors would use their judgment to decide who should be President. Now, electors automatically vote for the candidate who won the popular vote in their state. This change occurred without a constitutional amendment.
The Constitution provides two methods for proposing amendments. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. To date, all amendments have been proposed by Congress and sent to the states for ratification.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). This can be done through the state legislatures or state ratifying conventions, with Congress determining the method of ratification. Once an amendment is ratified, the Archivist of the United States certifies its validity, and it becomes part of the Constitution.
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Ratification by three-fourths of the States
The Constitution of the United States can be amended in a few different ways, as outlined in Article V of the Constitution. One method is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification, and it becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). This process is administered by the Archivist of the United States, who heads 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 ratification process can be carried out in one of two ways, as determined by Congress. The first method is for three-fourths of the state legislatures to ratify the amendment. This method has been used for every amendment so far. The second method is for three-fourths of state ratifying conventions to approve the proposed amendment. However, this method has never been used.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Once an amendment is ratified by the required number of states, the OFR (Office of the Federal Register) 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 serves as official notice to Congress and the nation that the amendment process has been completed.
The process of amending the Constitution is deliberately difficult and time-consuming. It ensures that only significant changes affecting all Americans or securing the rights of citizens are made to the nation's founding document. In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. While the text of the Constitution may be amended, it is also worth noting that the interpretation of the Constitution can change over time, even without any amendments being made.
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Amendments proposed by Constitutional Convention
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. Amendments can be proposed by 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 (34 out of 50).
While there have been calls for a constitutional convention, none of the 27 amendments to the Constitution have been proposed by one. The idea of a convention has its supporters, but also its critics, who argue that it could become a "runaway convention", exceeding its scope and attempting to address issues beyond its original purpose.
The first proposal for a method of amending the Constitution was offered during the 1787 Constitutional Convention in the Virginia Plan. This proposal sought to bypass the national legislature, stating that "the assent of the National Legislature ought not to be required". However, this idea faced opposition, with George Mason arguing that the national legislature should not have sole power to propose amendments as they "may abuse their power".
Ultimately, the Convention unanimously voted to include language allowing states to request a convention to propose amendments, a process that has never been utilised. Instead, all 27 amendments have been proposed by a two-thirds majority vote in both houses of Congress. Once an amendment is proposed, it is sent to the states for their consideration. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
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Unamendable subjects
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution can be initiated 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.
Article V of the Constitution outlines certain subjects that are considered "unamendable". The last two sentences of Article V made certain subjects unamendable prior to the year 1808. These subjects are specifically mentioned in the first and fourth clauses of the ninth section of Article I:
- Limitations on Congress's power to prohibit or restrict the importation of slaves before 1808.
- Limitations on Congress's power to enact an unapportioned direct tax.
Additionally, Article V also states that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." This means that a state cannot be deprived of equal suffrage without its consent, and any attempt to remove this requirement, even through a two-step process, would still violate Article V's plain language.
While the Constitution outlines these specific unamendable subjects, scholars continue to debate the legal force of Article V's clause on unamendable subjects and discuss the possibility of external, textual, or implicit limitations on amending the Constitution.
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Frequently asked questions
One way the Constitution can be amended is by Congress proposing an amendment to the states, which must then be ratified by three-fourths of the states.
Another way is by two-thirds of state legislatures calling on Congress to organise a Constitutional Convention to propose amendments.
Once an amendment is proposed, it is sent to the states for ratification. Three-quarters of the states must ratify the amendment for it to become part of the Constitution.
