The First Amendment: Constitutional Amendments' First Attempt

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, which outlines two methods for proposing amendments: through a two-thirds majority vote in Congress or by a constitutional convention called for by two-thirds of state legislatures. While there have been attempts, none of the 27 amendments have been proposed by a constitutional convention. The process of amending the Constitution is complex and time-consuming, requiring a two-thirds majority in both houses of Congress and subsequent ratification by three-fourths of the states. The first attempt to amend the Constitution, known as the Virginia Plan, sought to bypass the national legislature, but it ultimately gave the national legislature the sole authority to propose amendments.

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The first 10 amendments were adopted as the Bill of Rights

The United States Constitution has been amended 27 times since it was first drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted four years later in 1791. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and became the first 10 amendments of the Constitution, or the Bill of Rights.

The Bill of Rights spells out Americans' rights in relation to their government, guaranteeing civil rights and liberties to individuals. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the states. The First Amendment, for example, provides several rights protections, including freedom of speech, press, and religion, as well as the right to assemble and petition the government. The Fourth Amendment guards against unreasonable searches and seizures, requiring warrants to be judicially sanctioned and supported by probable cause. The Fifth Amendment provides protections for people accused of crimes, including the right against self-incrimination and the right to due process of law. The Sixth Amendment offers additional protections, such as the right to a speedy and public trial and an impartial jury. The Seventh Amendment extends the right to a jury trial in Federal civil cases, while the Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights not explicitly mentioned. Finally, the Tenth Amendment asserts that the Federal Government only has the powers delegated to it in the Constitution.

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.

Amendments are proposed by Congress

The process of amending the Constitution of the United States is derived from 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. This is done in the form of a joint resolution, which 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 adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the states, including formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.

Since 1789, Congress has sent 33 constitutional amendments to the states for ratification, with 27 of them being successfully ratified. The process of amending the Constitution is intentionally difficult, but not impossible, as the framers of the Constitution wanted to ensure that it could be adapted as needed while also maintaining its integrity.

The role of Congress in proposing amendments is significant, and it has the authority to determine the ratification method for any given amendment. While none of the 27 amendments have been proposed by a constitutional convention, it is important to note that another option for starting the amendment process is for two-thirds of the state legislatures to request Congress to call for one. However, this has never occurred, and all amendments have been proposed by Congress through the joint resolution process.

Some notable examples of amendments proposed by Congress include the 19th Amendment, which established women's suffrage irrespective of marital status or property in 1920, and the 21st Amendment, which repealed Prohibition. Other proposed amendments that have gained traction among congressional leaders include those to outlaw flag burning, allow voluntary school prayer, make English the official language, and abolish the Electoral College.

Amendments require ratification by three-fourths of States

The process of amending the US Constitution is outlined in Article V of the Constitution. The Constitution has been amended 27 times since 1787, with the first 10 amendments being adopted as the Bill of Rights in 1791. The process of amending the Constitution is deliberately difficult and time-consuming. 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, or 38 out of 50 states, to become part of the Constitution. This can be done through the state legislatures or conventions in three-fourths of the states. The ratification 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.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.

While there have been calls for an Article V Convention to propose amendments, no such convention has ever been held. Some, like Law Professor Emeritus William A. Woodruff, have expressed concerns about the potential consequences of an Article V Convention, while others argue that it could address issues such as gridlock and the influence of interest groups. There have been two nearly successful attempts to amend the Constitution via an Article V Convention since the 1960s, with one falling just short of the required number of states to force Congress to call a convention.

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The President has no constitutional role in the process

The process of amending the US Constitution is outlined in Article V of the Constitution. It is a complex and lengthy process, intentionally designed to be challenging. The first step in the process is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Notably, the President has no constitutional role in this process. The amendment proposal is then forwarded directly to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication.

The OFR plays a crucial role in the process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and other relevant documents. This package ensures that states have the necessary information to consider and act upon the proposed amendment.

Following the proposal and initial processing, the amendment must be ratified. Ratification can occur through one of two methods: by legislatures or by conventions. For ratification by legislatures, three-fourths of the states (38 out of 50) must approve the amendment. Alternatively, ratification by conventions requires approval from conventions in nine or more states. It is important to note that, historically, all amendments have been ratified by state legislatures, and no amendment has been proposed by a constitutional convention.

The process of amending the Constitution is deliberately challenging, and the Framers intended for it to be an "enduring" document. As such, the President's exclusion from the process aligns with the intention to make significant changes to the nation's foundational document carefully and thoughtfully, without the potential influence of a single individual holding the highest office. While the President may witness the certification of amendments, as seen with President Johnson and Nixon, their involvement is not a constitutional requirement.

Conventions can propose amendments

The Constitution of the United States has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution comes 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.

While Congress has proposed all 27 amendments, there have been two nearly successful attempts to amend the Constitution via an Article V Convention since the 1960s. The first attempt was to propose an amendment that would overturn two Supreme Court decisions, Wesberry v. Sanders and Reynolds v. Sims, requiring states to adhere to the one man, one vote principle in drawing electoral districts for state and federal elections. The attempt fell just one state short of reaching the 34 needed to force Congress to call a convention in 1969. However, it ended with the death of its main promoter, Senator Everett Dirksen.

In the 1970s, several states also attempted to impose fiscal discipline on the federal government in response to increasing federal deficits. These attempts included balanced budget amendment applications by Ohio and Michigan, as well as renewed applications from several other states. While these efforts did not succeed, they highlight the potential for a convention to propose amendments.

Law Professor Emeritus William A. Woodruff has pointed out that James Madison, the Father of the Constitution, opposed an Article V convention to consider adding a bill of rights to the Constitution. Madison expressed concern about the difficulties and dangers of convening a second convention and the lack of detail in the article regarding how the convention amendment process would work. Despite these concerns, some proponents of a convention argue that it is unlikely to exceed its scope, given the United States' experience with over 600 state constitutional conventions that have successfully amended state constitutions.

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