Isabella Carter
The United States Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending the Constitution is a difficult and time-consuming task. Article V of the Constitution provides the authority to amend the Constitution and lays out the procedures for doing so. While it outlines a few different ways in which the Constitution can be amended, one method that has never been used is the convention method. This method allows two-thirds of the state legislatures to call for a convention to propose an amendment, bypassing Congress.
| Characteristics | Values |
|---|---|
| Method | Convention method |
| Who can call for it | Two-thirds of the state legislatures |
| Who decides on the amendment | A convention |
| Number of times used | 0 |
| Number of total amendments | 33 |
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What You'll Learn
The convention method has never been used
The United States Constitution has been amended 27 times since it was drafted in 1787. However, none of these amendments have been proposed by constitutional convention. Article V of the Constitution lays out the procedures for amending the Constitution, and it provides two methods for doing so.
The first method, which has been used for all amendments so far, is that Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, where three-fourths of the states must approve for the amendment to be added to the Constitution.
The second method, which has never been used, is the convention method. This method allows two-thirds of the state legislatures to call for a convention to propose amendments. This method bypasses Congress and was included in the Constitution to address potential federal governmental abuses.
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Article V has never been amended
Article V of the United States Constitution lays out the procedures for amending the Constitution. It provides two methods for proposing amendments and two methods for ratifying them. The first method of proposing an amendment is for two-thirds of both the House and the Senate to propose a constitutional amendment. The second method is for Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures.
The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method allows Congress to require that three-fourths of state ratifying conventions approve a proposed amendment.
Since the founding of the United States, Congress has used Article V's procedures to propose 33 constitutional amendments. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. The first method for crafting and proposing amendments has been used each time the Article V process has been initiated. This means that the second method, the convention option, has yet to be invoked.
Article V does not explicitly state whether its procedures apply to itself. While there have been numerous proposals to amend the Constitution's amending procedures, Article V has never been amended.
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Amendments are not proposed by the President
The President of the United States does not have a constitutional role in the amendment process. This means that amendments are not proposed by the President. Instead, 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. This is known as the congressional proposal method.
The other method of proposing amendments is through a constitutional convention called for by two-thirds of the state legislatures. This convention method has never been used. It was included in the Constitution as it bypasses the federal government, whereas the congressional proposal method is controlled by it.
Once an amendment has been proposed, it must be ratified. Congress decides whether the proposed amendment is sent to the state legislatures or to state ratifying conventions for ratification. For an amendment to be ratified, it must be approved by either three-fourths of the state legislatures or three-fourths of state ratifying conventions, depending on what Congress has specified.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them.
The process of amending the Constitution is deliberately difficult and time-consuming. Since the Constitution was drafted in 1787, there have only been 27 amendments.
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Amendments are not common
Amendments to the US Constitution are not common. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. More than 10,000 measures to amend the Constitution have been proposed in Congress, but the process is deliberately difficult and time-consuming.
Article V of the Constitution sets out the procedures for amending the Constitution, but it does not explicitly state whether those procedures apply to Article V itself. Article V has never been amended. It provides two methods for proposing amendments, but only one of these methods has ever been used. The first method, which has been used for all 33 amendments submitted to the states for ratification, is that two-thirds of each House of Congress must propose an amendment, and then three-quarters of the states (38 out of 50) must ratify it. The second method, which has never been used, is that two-thirds of the state legislatures can request that Congress call a convention to propose an amendment, bypassing Congress. This method was included in the original Constitution to prevent federal governmental abuses.
Some constitutional amendments have been proposed by Congress but have not been ratified by enough states to become part of the Constitution. For example, the Equal Rights Amendment (ERA), which would have forbidden federal and state governments from denying equal rights on the basis of sex, was approved by Congress but not enough states. Other amendments have become effective only when the country has changed for, for example, the Fifteenth Amendment, which guaranteed that people could not be prevented from voting because of their race, was added to the Constitution in 1870.
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Amendments are proposed by Congress
The authority to amend the US Constitution comes from Article V of the Constitution. Amendments can be proposed by Congress or by a national convention of the states. Congress proposes an amendment in the form of a joint resolution, which does not require presidential approval. A two-thirds majority vote in both the House of Representatives and the Senate is required for Congress to propose an amendment.
Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
Once an amendment is proposed, it must be ratified by three-fourths (38 out of 50) of the states to become part of the Constitution. Congress decides whether the proposed amendment is sent to the state legislatures or to state ratifying conventions for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states by sending a letter of notification to each Governor, along with the informational material prepared by the OFR.
The process of amending the Constitution is deliberately made very difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787. All 33 amendments submitted to the states for ratification have originated in Congress, with the convention option never having been invoked. This is because the convention method bypasses the federal government, and Congress is extremely unlikely to propose amendments that go against its institutional interests.
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Frequently asked questions
The convention method has never been used to amend the US Constitution. This method involves two-thirds of state legislatures applying for Congress to call a convention to propose an amendment.
The convention method is where two-thirds of the state legislatures can apply for Congress to call a convention that would then decide whether to propose an amendment. This method bypasses the federal government.
The convention method has never been used because it is difficult and time-consuming to amend the Constitution. The process requires widespread support across the country, with amendments needing to be thoughtfully and deliberately considered by a substantial majority.
The US Constitution has been amended 27 times since it was drafted in 1787.
