Eleanor Finch
Amending the Constitution of the United States is a challenging and time-consuming process. The framers of the Constitution, which was drafted in 1787, intended for it to endure for ages, and as such, made sure that amending the document would be a difficult task. Since its creation, the Constitution has only been amended 27 times, with none of the amendments being proposed by a constitutional convention. The easiest way to amend the Constitution is through a majority vote in a single session, which is available in 10 states. This allows for faster legislative approval of amendments.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal method | Constitutional convention called for by two-thirds of the State legislatures |
| Number of amendments to the Constitution | 27 |
| Difficulty level | High |
| Number of states requiring majority approval by voters | 4 |
| Number of states allowing citizen-initiative processes | 17 |
| Highest bar for signature collection | Arizona and Oklahoma, with 15% |
| Lowest bar for signature collection | Massachusetts, with 3% |
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What You'll Learn
A two-thirds majority vote in both the House of Representatives and the Senate
Amending the US Constitution is a challenging and lengthy process. The framers of the Constitution made it difficult to amend the document to ensure its longevity. Since it was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted as the Bill of Rights four years later.
One of the ways to propose an amendment is by achieving a two-thirds majority vote in both the House of Representatives and the Senate. This process is initiated by Congress, which proposes an amendment in the form of a joint resolution. Notably, the President does not have a constitutional role in this process, and the joint resolution is not sent 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 plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
Once an amendment is proposed, it must be ratified. This involves a multi-step process. First, governors submit the amendment to their state legislatures. Then, when a state ratifies the proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the NARA. The Archivist delegates many duties associated with this process to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
The final step in the amendment process occurs when three-fourths of the states (38 out of 50) ratify the proposed amendment. At this point, the OFR 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, serving as official notice that the amendment process is complete.
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A constitutional convention called for by two-thirds of state legislatures
Amending the US Constitution is a challenging and lengthy process. The framers of the Constitution made it difficult to amend the document to ensure its longevity. The Constitution has been amended only 27 times since 1787, including the first 10 amendments, which were adopted as the Bill of Rights four years later.
One of the ways to propose an amendment is through a constitutional convention called for by two-thirds of the state legislatures. This process has never been used to propose any of the 27 amendments to the Constitution, and there has never been a new constitutional convention. However, the idea of a constitutional convention has its supporters, including retired federal judge Malcolm R. Wilkey, who has criticised the current system for leading to gridlock and excessive influence by interest groups.
To initiate a constitutional convention, two-thirds of the state legislatures would need to make a formal request to Congress. Once the request is received, Congress would specify the next steps, which may include the governors submitting the amendment proposal to their state legislatures. It is important to note that some state legislatures have not waited for official notice from Congress before taking action on a proposed amendment.
After a proposed amendment is ratified by three-fourths of the state legislatures (38 out of 50 states), it becomes part of the Constitution. The ratification process involves submitting an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many duties to the Director of the Federal Register, who examines the ratification documents for authenticity and legal sufficiency. Once the amendment is certified as valid, a formal proclamation is drafted and published in the Federal Register, officially notifying Congress and the nation that the amendment process is complete.
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Ratification by three-fourths of the states
Amending the US Constitution is a challenging and lengthy process. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments have been proposed by a constitutional convention. The authority to amend the Constitution comes from Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed by Congress, it is sent to the states for ratification. The easiest way to amend the Constitution is through "ratification by three-fourths of the states" (38 out of 50 states). This process bypasses the need for a constitutional convention and the approval of Congress. State legislatures generate more than 80% of constitutional amendments considered and approved annually. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority support.
States differ in their legislative support requirements, with some needing support expressed in a single session and others in two consecutive sessions. The simplest route to legislative approval is to allow a majority vote in a single session, which is possible in 10 states. Additionally, four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. Illinois offers a similar approach, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted 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, serving as official notice that the amendment process is complete.
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Approval by a majority of voters in the entire election
Amending the US Constitution is a challenging and lengthy process. The framers of the Constitution intended to make it difficult to change, as evidenced by the fact that there have only been 27 amendments since it was drafted in 1787. While the process to amend the federal Constitution is complex, some states offer simpler paths to amending their own constitutions.
One of the simplest ways to amend a state constitution is through approval by a majority of voters in the entire election. In the states of Hawaii, Minnesota, Tennessee, and Wyoming, this method is used. In these states, abstaining from voting on an amendment is effectively counted as a "no" vote. Illinois offers a variation on this approach, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.
This method of amending a state constitution stands in contrast to other processes that require supermajority legislative support or citizen-initiative processes. Some states, such as Arizona and Oklahoma, have high signature-collection requirements for citizen-initiated amendments, while others like Massachusetts set a lower bar. Overall, the process of amending a state constitution varies across the country, with each state having its own unique requirements and paths for approval.
While the focus here is on state-level amendments, it is worth noting that the process to amend the US Constitution does not involve the President. Instead, it involves a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states (38 out of 50). This process underscores the significance and enduring nature of constitutional amendments, ensuring that they have a broad impact on the nation and its citizens.
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Citizen-initiative processes
Amending the US Constitution is a challenging and time-consuming process. However, state constitutions are much easier to change. Seventeen states currently allow amendments through citizen-initiative processes. In these states, citizens can propose and enact constitutional amendments without the involvement of the state legislature. This process empowers citizens to have a direct impact on their state's governing document.
The specific procedures for citizen-initiative processes vary across states. One common requirement is for supporters of the amendment to collect a certain number of signatures. The number of signatures needed is typically tied to the number of votes cast in the previous gubernatorial election. For example, Arizona and Oklahoma have the highest requirement, needing signatures from 15% of the previous election's voters. In contrast, Massachusetts has the lowest threshold at 3%. Some states also have geographic distribution requirements, such as Colorado, which mandates signatures from 2% of registered voters in each state senate district.
The involvement of legislators in the citizen-initiative process differs among states. In most states, legislators cannot block a citizen-initiated amendment from appearing on the ballot. However, Illinois allows amendments to be approved with the support of either three-fifths of voters on the amendment or a majority of voters in the entire election. This gives legislators some influence in the process by considering voter turnout.
While citizen-initiative processes provide a pathway for citizens to directly engage in constitutional amendments, it is important to note that the procedures and requirements can vary significantly across states. Understanding the specific rules and regulations of each state is crucial for effectively utilizing this process.
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Frequently asked questions
There is no easy way to amend the US Constitution. The framers of the Constitution made it this way so that it would "endure for ages to come". The amendment process is difficult and time-consuming.
Very. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of the state legislatures (38 out of 50 states).
No. While another way to propose an amendment is through a constitutional convention called for by two-thirds of the state legislatures, this has never happened.
27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The ERA Amendment, which did not pass the necessary majority of state legislatures in the 1980s, and recent efforts to introduce congressional term limits and a balanced budget amendment.
