Jonah Patel
The US Constitution is a difficult document to change, and it has only been amended 27 times in over 230 years. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. The Constitution can also be changed through unofficial means such as legislation, presidential actions, and federal court rulings. Some scholars argue that there are other methods of amending the Constitution that are not outlined in Article V. The process of amending state constitutions, on the other hand, is much easier, and they have been amended regularly. Thomas Jefferson believed that the Constitution should be amended at regular intervals, while James Madison disagreed, arguing that unstable laws could lead to volatility in the government.
| Characteristics | Values |
|---|---|
| Frequency of Amendments | The U.S. Constitution has been amended 27 times over its 230+ year history. |
| Difficulty of Amendments | The U.S. Constitution is difficult to amend compared to state constitutions. |
| Amendment Process | Amendments may be proposed by Congress with a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. |
| Amendment Ratification | Amendments become part of the Constitution when ratified by three-fourths of the states (38 of 50). |
| Amendment Proposal | Any member of the House or the Senate may propose an amendment, which will be considered under the standard legislative process. |
| Amendment Approval | The amendment resolution must be passed by a two-thirds supermajority vote in both the House and the Senate. |
| Presidential Role | The President has no official role in the amendment process and is not required to sign or approve the resolution. |
| State Constitutions | State constitutions are amended regularly and offer multiple paths for amendments, including legislative committees, conventions, and constitutional commissions. |
| Convention Amendments | Constitutional conventions were once common but have been infrequent in recent decades. |
| Convention Ratification | Conventions typically submit proposed amendments to voters for approval, with some exceptions. |
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What You'll Learn
- The US Constitution is difficult to change
- Amendments can be proposed by Congress or a constitutional convention
- The President does not have a constitutional role in the amendment process
- The Constitution has been amended 27 times
- Thomas Jefferson believed the Constitution should be amended at regular intervals
The US Constitution is difficult to change
The US Constitution is notoriously difficult to amend, and this is by design. The Founding Fathers knew that it would be impossible for the Constitution to address every situation that might arise in the future, but they also wanted to prevent the government from becoming unstable due to volatile laws. James Madison, the "father of the Constitution", rejected Thomas Jefferson's idea that the Constitution should be revised every 19 or 20 years, arguing that "great injury results from an unstable government".
The Constitution has only been amended 27 times since its ratification in 1791, with the most recent amendment taking place in 1992. This is in stark contrast to state constitutions, which have been amended much more frequently, with the current constitutions of the 50 states having been amended around 7,000 times.
The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing and two methods for ratifying amendments. To propose an amendment, either two-thirds of both Houses of Congress must deem it necessary, or two-thirds of the state legislatures must call for a constitutional convention. Ratification can occur either through the approval of three-fourths of state legislatures or through conventions in three-fourths of the states. While there have been close calls, no amendments have been proposed through a constitutional convention, and Congress has always retained control of the amendment process.
The amendment process is deliberately challenging, and it is meant to be. The Constitution is meant to be a stable document that can provide a foundation for the country. However, the difficulty of amending it has not frozen it in time. The Constitution can and has been updated to reflect the changing needs of the nation, albeit slowly and infrequently.
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Amendments can be proposed by Congress or a constitutional convention
The US Constitution is difficult to change and has only been amended 27 times in over 230 years. Amendments can be proposed by Congress or a constitutional convention. Congress has used Article V's procedures to propose 33 constitutional amendments, 27 of which have been ratified by three-fourths of the states. The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and protect certain rights and freedoms granted to Americans. The most recent amendment, the 27th Amendment, was ratified in 1992 and prohibits members of Congress from raising their own salaries.
The authority to amend the Constitution comes from Article V, which outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. While no amendments have been proposed by constitutional convention, the threat of surrendering control of the amendment process to the states has sometimes prompted Congress to propose amendments preemptively.
Jefferson believed that the Constitution should be amended at regular intervals, suggesting that "each generation" should have the opportunity to update it every "nineteen or twenty years". However, James Madison, the "father of the Constitution", disagreed, arguing that volatile laws could lead to an unstable government and a lack of confidence in public councils.
While the US Constitution has rarely been amended, state constitutions are amended regularly. State constitutional conventions were once common, but it's been nearly four decades since the last full-scale state constitutional convention in the US. Conventions continue to offer a potential path for amending state constitutions, and they typically submit proposed amendments to voters for approval.
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The President does not have a constitutional role in the amendment process
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. It 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 other relevant information. This package is sent to the States, which can then choose to ratify the amendment.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist of the United States 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 Congress and the Nation that the amendment process has been completed.
While the President does not have a formal constitutional role in the amendment process, there have been instances where Presidents have played an informal, ministerial role. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. President Abraham Lincoln also signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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The Constitution has been amended 27 times
The US Constitution has been amended 27 times since it was first drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified in 1791. Amending the Constitution is a challenging and time-consuming process, as it was intended to be when the document was originally written. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states (38 out of 50).
Some of the notable amendments include those that gave women the right to vote, abolished poll taxes, lowered the minimum voting age to 18, and enacted and later repealed Prohibition.
There have been various proposals for further amendments, some of which have gained support from congressional leaders and the president. These include amendments to outlaw flag burning, protect the rights of crime victims, allow voluntary school prayer, make English the official language, and abolish the Electoral College.
While there has never been a new Constitutional Convention, some have called for one, citing concerns about gridlock, the influence of interest groups, and Congress members' focus on reelection. However, others argue that such efforts go too far and are an overreaction to dissatisfaction with the government.
The process of amending the Constitution is deliberately challenging, ensuring that any changes have a significant impact on the country and its citizens.
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Thomas Jefferson believed the Constitution should be amended at regular intervals
Thomas Jefferson, the principal author of the Declaration of Independence, believed that the US Constitution should be amended at regular intervals. In a letter to James Madison from Paris, written just after the French Revolution, Jefferson argued that any constitution expires after 19 years and must be renewed to avoid becoming "an act of force and not of right". He believed that each new generation had the right to choose for itself "the form of government it believes most promotive of its own happiness". This idea is reflected in his statement that "the earth belongs to the living and not to the dead", suggesting that previous generations should not bind the current one to their laws or constitutions.
Jefferson's views on amending the US Constitution are also evident in his correspondence with Samuel Kercheval. Kercheval sought Jefferson's opinion on amending the Virginia state constitution, of which Jefferson was one of the original authors. While Jefferson responded favourably to the idea, he refused permission for his views to be published, indicating his desire to avoid controversy. Jefferson's endorsement was valuable due to his role in writing the original constitution, and his support for regular amendment was likely influenced by his belief that the leaders of the revolution were more focused on removing monarchical associations than creating a functional republic.
Jefferson's ideas about regular constitutional amendment are significant, especially considering his role in shaping American governance. His belief in the need for periodic renewal reflects his commitment to ensuring that governments remain responsive to the needs and rights of their citizens. This principle of generational renewal also underscores the importance of adapting governing documents to reflect societal changes and evolving values.
The process of amending the US 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. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, it becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
While Jefferson's idea of regular amendment intervals may not be feasible in practice, his perspective highlights the importance of adaptability and responsiveness in governance. The process of amending the Constitution ensures that it can evolve over time, even if it does not adhere to a strict timetable. Jefferson's influence can be seen in the inclusion of a Bill of Rights, guaranteeing personal liberties such as freedom of religion, speech, and press, ensuring that the government respects the rights of its citizens.
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Frequently asked questions
Some people suggest adding equal rights, opportunity, privacy, and equality for all, including minorities and women, to the US Constitution. Others believe that the right to universal healthcare and mandatory maternity leave should be added.
Some believe that the US Constitution should get rid of the electoral college. Others suggest ending income tax and abolishing taxes for Washington, D.C.
Some people argue that the US Constitution should be modified to include term limits for Congress and the Supreme Court. Others suggest that the voting age should be changed to 21 and that non-US citizens should be allowed to be President.
It is important to ensure that any changes to the US Constitution are made with clarity and directness, and that they are in line with the values of freedom, kindness, and love. Additionally, the amendment process should be transparent and involve input from a diverse range of citizens.
