Isabella Carter
The United States Constitution has been amended only 27 times since 1787, indicating that the framers made it a challenging process to ensure its longevity. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming, requiring 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 proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Number of times the US Constitution has been amended | 27 |
| Difficulty level of amending the US Constitution | Very difficult |
| Number of times State constitutions have been amended | 7,000 |
| Number of times Alabama, Louisiana, South Carolina, Texas, and California have amended their constitutions | More than 3-4 times per year |
| Number of times Tennessee, Kentucky, Indiana, Illinois, and Vermont have amended their constitutions | Once every 3-4 years |
| Percentage of votes needed in both Houses to propose an amendment | Two-thirds |
| Percentage of Legislatures of several States needed to call a Convention for proposing Amendments | Two-thirds |
| Percentage of Legislatures of several States needed to ratify an amendment | Three-fourths |
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What You'll Learn
Two-thirds majority in Congress
The process of amending the U.S. Constitution is a difficult and time-consuming endeavour. The U.S. Constitution has only been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. A two-thirds majority in Congress is one of the methods outlined in Article V to propose amendments to the Constitution. This method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This is the only method for proposing amendments that has been used thus far.
To achieve a two-thirds majority in Congress, a proposed amendment must be passed by two-thirds of both houses of Congress. This means that a supermajority of members in both the House of Representatives and the Senate must vote in favour of the amendment. Since the founding of the nation, Congress has followed this procedure to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification.
It is important to note that while a two-thirds majority in Congress is required to propose an amendment, the President does not have a constitutional role in this process. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The amendment is then published in slip law format, along with legislative history notes, and an information package is assembled for the states.
After Congress proposes an amendment, 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 to the Director of the Federal Register. Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
The Amendments: Constitutional Convention's Proposed Changes
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Two-thirds of state legislatures
Amending the US Constitution is a difficult and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The framers made it challenging to amend the document to ensure its longevity.
One way to propose an amendment is for two-thirds of both Houses of Congress to deem it necessary. This requires a two-thirds majority vote in both the House of Representatives and the Senate, or a vote of two-thirds of the members present, assuming the presence of a quorum. This method has been used for all 27 amendments.
Alternatively, two-thirds of state legislatures (33 states) can apply for Congress to call a convention for proposing amendments. This method has never been used. Once an amendment has been proposed, it must be ratified by three-fourths of the state legislatures (38 of 50 states).
The process for amending state constitutions is much easier than for the federal Constitution, and they are amended regularly. State constitutional conventions were once common, but it has been decades since the last full-scale convention in the US.
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Ratification by three-fourths of states
The process of amending the Constitution of the United States is a complex and lengthy procedure. It is intentionally designed to be challenging, as Chief Justice John Marshall wrote in the early 1800s, "to endure for ages to come." The Constitution has been amended only 27 times since 1787, which is significantly fewer than the approximately 7,000 amendments made to state constitutions.
The first step in amending the Constitution is for Congress to propose an amendment. This requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon the request of two-thirds of the state legislatures to propose amendments. However, this method has never been used. Once an amendment is proposed, it is sent to the states for ratification.
Ratification by three-fourths of the states, or 38 out of 50 states, is required for an amendment to become part of the Constitution. This can be achieved through the state legislatures or conventions in three-fourths of the states, as specified by Congress. 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 duties to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency.
When the required number of authenticated ratification documents is received by the Office of the Federal Register (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 to Congress and the nation that the amendment process is complete. The entire amendment process is challenging and has resulted in a limited number of successful amendments to the Constitution.
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The President's non-involvement
Amending the U.S. Constitution is a challenging and time-consuming process. The framers of the Constitution intended it to be this way, writing it "to endure for ages to come". Since 1787, the Constitution has been amended only 27 times, demonstrating the difficulty of amending this enduring document.
The President does not have a constitutional role in the amendment process. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate (two-thirds of the members present, assuming a quorum). This is the only method for proposing amendments that has been used thus far. The joint resolution is then forwarded directly to the National Archives and Records Administration (NARA) 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.
Once the proposed amendment has been published, the OFR assembles an information package for the States. The amendment must then be ratified by three-fourths of the State legislatures (38 out of 50 States). 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 OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. 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, serving as official notice that the amendment process is complete. While the President does not have a constitutional role in the amendment process, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President.
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Difficulty of amending
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. True to his words, the Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The framers made amending the document a difficult task.
The amendment process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. This can be done either by a constitutional convention called for by two-thirds of the state legislatures or by Congress. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. 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. 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 pro.
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 OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
When the OFR verifies that it 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 a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, who may include the President.
Who Approves Constitutional Amendments in Your State?
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Frequently asked questions
A two-thirds majority vote is required in both the House of Representatives and the Senate to propose an amendment. After this, three-quarters of state legislatures must ratify the amendment for it to pass.
The US Constitution has been amended 27 times since it was drafted in 1787. The most recent amendment occurred in 1992. In contrast, state constitutions are amended regularly, with the current 50 state constitutions being amended around 7,000 times.
No, all 27 amendments have been proposed by Congress. The Constitution allows for an alternative method where two-thirds of state legislatures can request Congress to call a Constitutional Convention to propose amendments. However, this method has never been used.
