Isabella Carter
The United States Constitution was written to be a durable document, and amending it is a challenging and time-consuming process. The Constitution does not outline a role for the President in amending it, but some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments to the states, including the ten proposals that became the Bill of Rights. While the President cannot veto a proposed amendment, they also cannot change the Constitution by executive order. Amending the Constitution requires a two-thirds vote in both the House and Senate and ratification by three-quarters of the states. Over the years, several Presidents have tried to modify or repeal amendments, such as the Twenty-second Amendment imposing term limits on the presidency.
| Characteristics | Values |
|---|---|
| Presidents who have tried to change the Constitution Amendments | Ronald Reagan, Harry S. Truman, Bill Clinton, Donald Trump, Abraham Lincoln, Jimmy Carter, George Washington |
| Reason for change | Ronald Reagan believed it infringed on people's democratic rights. Harry S. Truman described the amendment as "stupid". Bill Clinton suggested that it should be altered to allow for non-consecutive terms. Donald Trump wanted to take away the citizenship guarantee. Abraham Lincoln wanted to abolish slavery. |
| Process of changing the Constitution | 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. |
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What You'll Learn
Presidents playing an informal role in the amendment process
While the Constitution does not outline a role for the President in amending it, several Presidents have played an informal role in the amendment process. The President cannot veto a proposed amendment, and their signature is not required for the proposal or ratification of an amendment.
For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after they were approved by Congress. President Abraham Lincoln also signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery, even though his signature was not necessary. Similarly, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In recent history, the signing of the certification has become a ceremonial function, sometimes attended by the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
While Presidents have played an informal role in the amendment process, they cannot change the Constitution by executive order. For instance, President Trump stated that he would use an executive order to take away the citizenship guarantee in the 14th Amendment, which was deemed impossible.
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Presidents trying to repeal the 22nd Amendment
The 22nd Amendment, which limits presidents to two terms, was ratified in 1951. Since then, several presidents have voiced their opposition to it. Notably, former presidents Harry S. Truman and Ronald Reagan have both criticised the amendment. Truman, who was exempt from the amendment due to being the incumbent president when it was ratified, considered running for a third term but ultimately chose not to. Before leaving office in 1989, Reagan stated his intention to push for a repeal of the 22nd Amendment, believing it infringed on democratic rights.
Since 1956, there have been 54 joint resolutions introduced with the aim of repealing the two-term presidential limit. Between 1997 and 2013, Representative José E. Serrano introduced nine unsuccessful resolutions to repeal the amendment. In January 2025, Representative Andy Ogles proposed a joint resolution that would allow a president to serve a third term if their first two terms were non-consecutive. This resolution was designed to allow former President Donald Trump to serve another term.
The debate over presidential term limits has a long history. Since 1789, Congress has considered 270 proposals regarding term limitations. The idea of term limits was first raised in response to Franklin D. Roosevelt's four terms as president. Roosevelt was elected to a third term in 1940, during the Great Depression and the looming threat of the US entering World War II. He was re-elected in 1944 and served until his death in 1945.
While the 22nd Amendment has faced opposition and attempts at repeal, it remains a part of the Constitution. It has prevented former presidents from seeking a third term, including Trump, who was barred from running for reelection after serving two non-consecutive terms.
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Trump's attempt to take away citizenship guarantees in the 14th Amendment
The Fourteenth Amendment to the US Constitution, passed in 1868, guarantees citizenship to all children born in the US, regardless of race, colour, or ancestry. The Amendment was passed in the aftermath of the Civil War, overruling the Dred Scott v Sandford decision, which denied citizenship to Black Americans. The Amendment states:
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The Fourteenth Amendment has been interpreted to exclude certain categories of people from birthright citizenship, including children of foreign diplomats, children of enemy soldiers present in the US during an occupation, and children of Native American tribes, who are granted citizenship under a separate provision of law.
In 2023, President Trump stated that he intended to sign an executive order to remove the citizenship guarantee in the Fourteenth Amendment. Trump's proposed executive order was met with widespread criticism and legal challenges from civil liberties organisations and immigrants' rights advocates, who argued that it was unconstitutional and a violation of civil rights. The American Civil Liberties Union (ACLU) and other organisations filed a lawsuit against the Trump administration on behalf of families and communities whose children would be denied citizenship under the order.
The Supreme Court has consistently upheld the principle of birthright citizenship, including in the 1898 case of United States v. Wong Kim Ark, which confirmed that a child born in the US to Chinese parents was a citizen under the Fourteenth Amendment, even though their parents were not eligible for citizenship at the time.
Despite Trump's attempts to use an executive order to alter the Fourteenth Amendment, it is important to note that the Constitution can only be amended through a formal process requiring a two-thirds vote in both houses of Congress and ratification by three-quarters of the states. The President does not have a formal constitutional role in amending the Constitution, and any changes to birthright citizenship would require a constitutional amendment, not an executive order or legislation.
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The 13th Amendment and presidential involvement
The 13th Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, and by the House of Representatives on January 31, 1865. It was then ratified by the required 27 out of 36 states on December 6, 1865, and proclaimed on December 18, 1865. This amendment was the first of three Reconstruction Amendments adopted following the American Civil War.
President Abraham Lincoln played a significant role in the passage and ratification of the 13th Amendment. Lincoln's Emancipation Proclamation, effective on January 1, 1863, declared that enslaved people in Confederate-controlled areas were free. However, it did not end slavery nationwide, as it only applied to 11 Confederate states and not the "border states" that remained in the Union. Lincoln recognised that a constitutional amendment was necessary to guarantee the permanent abolishment of slavery.
During his presidency, Lincoln actively pushed for the passage of the amendment. He invited representatives to his office to discuss the amendment and pressured border-state Unionists to change their position. Lincoln also authorised his allies to offer inducements to House members in exchange for their support. On January 31, 1865, the House of Representatives passed the proposed amendment, and Lincoln approved a joint resolution submitting it to the state legislatures for ratification.
Unfortunately, Lincoln did not live to see the final ratification of the 13th Amendment. He was assassinated on April 14, 1865, before the required number of states ratified the amendment on December 6, 1865. Andrew Johnson, who became president after Lincoln's assassination, made the ratification of the amendment his first major policy initiative. The 13th Amendment officially abolished slavery and ensured that it was declared illegal in the United States and its territories.
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The difficulty of the amendment process
The United States Constitution was written "to endure for ages to come", and to ensure its longevity, the framers made the amendment process a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments, which were adopted four years later as the Bill of Rights. Amending the Constitution requires a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states. This process can be initiated by a two-thirds vote in both houses of Congress or by two-thirds of state legislatures requesting a Constitutional Convention.
The role of the president in the amendment process is primarily ministerial, as the Supreme Court has ruled that the president has no formal constitutional role in amending the Constitution. However, presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification. President Abraham Lincoln also signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery.
While the amendment process is challenging, it is not impossible. The Twenty-Second Amendment itself is an example of a successful amendment, despite strong opposition from some. The process ensures that any changes to the Constitution are carefully considered and widely supported, reflecting the framers' intention for the document to endure.
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Frequently asked questions
No, the president cannot change the Constitution by executive order. Amending the Constitution would require a two-thirds vote in both the House and the Senate, and ratification by three-quarters of the states.
The 14th Amendment, passed after the Civil War, guarantees citizenship to all children born on US soil, regardless of their parents' status.
President Trump attempted to take away the citizenship guarantee in the 14th Amendment, but his efforts were unsuccessful.
The 22nd Amendment imposes term limits on the president, restricting them to two terms in office.
Several presidents have voiced their opposition to the 22nd Amendment, including Harry S. Truman, Ronald Reagan, and Bill Clinton. Efforts to repeal or modify this amendment have been made since its ratification in 1951.
