Eleanor Finch
The need for amending the constitution arises when there is a requirement to make changes to the existing framework of a nation's fundamental laws. Amending a constitution is a complex and time-consuming process, designed to ensure that any changes have a significant impact and are in the best interests of the country and its citizens. In the case of the United States Constitution, amendments are proposed by Congress with a two-thirds majority vote or by a constitutional convention called for by two-thirds of state legislatures. The process involves multiple steps, including proposal, ratification, and certification, with the final decision often requiring the approval of a large majority of states. Since its creation in 1787, the US Constitution has been amended only 27 times, reflecting the challenging nature of the amendment process.
| Characteristics | Values |
|---|---|
| Difficulty in amending the constitution | The framers of the constitution made it difficult to amend the document. |
| Number of amendments | The US Constitution has been amended 27 times since 1787. |
| Amendment process | A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. |
| Role of Congress | Congress proposes an amendment in the form of a joint resolution. |
| Role of the President | The President does not have a constitutional role in the amendment process. |
| Role of Archivist of the United States | The Archivist is responsible for administering the ratification process and delegating duties to the Director of the Federal Register. |
| Role of Director of the Federal Register | The Director examines ratification documents, maintains custody of them, and drafts a formal proclamation for the Archivist to certify the amendment. |
| Special procedures | Some countries require supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of special procedures. |
| Ratification | An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). |
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What You'll Learn
The US Constitution was written to endure
The US Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution intentionally made it difficult to amend the document, and it has only been amended 27 times since it was drafted in 1787. This is because any amendment must be of major significance, affecting all Americans or securing the rights of citizens.
The process of amending the Constitution is outlined in Article V of the Constitution. There are two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, and the second is a constitutional convention called for by two-thirds of the state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states to become part of the Constitution.
The framers of the Constitution wanted to ensure that it would endure and so made the amendment process challenging. This has resulted in a small number of amendments, with some proposals, such as congressional term limits and a balanced budget amendment, not being successful.
The process of amending the Constitution has evolved over time, with Congress playing a more significant role in proposing amendments than originally intended. Some delegates viewed the inclusion of a provision for amending the Constitution as unnecessary or improper, while others were concerned that the draft language made the process too easy or too difficult. Despite these differing views, the framers agreed on a process that would ensure the Constitution's longevity.
The US Constitution has endured for over two centuries, and the amendment process, though challenging, has allowed for necessary changes to be made while preserving the integrity of the document.
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Amending the Constitution is difficult
Amending the Constitution is a difficult and time-consuming process. The United States Constitution was written "to endure for ages to come", and its framers intentionally made it challenging to amend. Chief Justice John Marshall affirmed this in the early 1800s, recognising the document's enduring nature.
The amendment process is deliberately intricate. Firstly, a proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is a significant hurdle, requiring strong support for the amendment across both chambers of Congress. This first method of proposing amendments is the only method that has been used thus far.
The second method, which has never been used, involves two-thirds of state legislatures requesting that Congress call a Constitutional Convention to propose amendments. This alternative process recognises the role of states in driving constitutional change. However, the challenge of achieving a two-thirds consensus across state legislatures underscores the difficulty of amending the Constitution.
Once an amendment is proposed, either by Congress or a Constitutional Convention, it must be ratified. Ratification requires approval from the legislatures of three-fourths of the states, or by conventions in three-fourths of the states, depending on the mode specified by Congress. This step ensures that any amendment reflects the will of a significant majority of states, further emphasising the enduring nature of the Constitution.
The authority to amend the Constitution is derived from Article V, which establishes these procedures. While Article V provides the primary framework, some scholars argue that the people of the United States may amend the Constitution using methods not outlined in Article V. Nevertheless, the rarity of successful amendments—only 27 amendments since 1787—underscores the challenging nature of the process.
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The President has no constitutional role
The Constitution is the supreme law of the land, and any actions taken by the president must be in accordance with its principles and provisions. The president's role is to uphold and defend the Constitution, but the specific powers and duties are limited to those outlined in the document. Any changes or amendments to the president's role would require a formal amendment to the Constitution, following the procedures outlined within it.
The lack of a constitutional role for the president highlights the importance of the separation of powers and checks and balances within the governmental system. The executive, legislative, and judicial branches are designed to have distinct roles and responsibilities, with each branch serving as a check on the power of the others. This ensures a balanced distribution of power and protects against potential abuses of authority.
By not assigning specific constitutional duties to the president, the framers of the Constitution envisioned a flexible and adaptable system of government. This allows for necessary changes and adaptations over time, ensuring the government remains responsive to the nation's evolving needs. It also reinforces the principle of limited government, where powers not granted to the federal government are reserved for the states or the people.
While the president may exert influence and shape public policy through their executive powers, their role is ultimately defined and constrained by the Constitution. The absence of a constitutional role underscores the primacy of the rule of law and the foundational principles upon which the nation was established. It serves as a reminder of the president's accountability to the people and the necessity to act within the boundaries set by the Constitution and the nation's laws.
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State legislatures can call a convention
The United States Constitution was designed to "endure for ages to come", and as such, the process of amending it is intentionally difficult and time-consuming. Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. This process is outlined in Article V of the Constitution.
State legislatures play a crucial role in this process, as they can initiate the amendment process by calling for a convention. This is an alternative path to the more commonly used method of proposing amendments through Congress. This mechanism for states to propose amendments was included in the Constitution to address concerns that Congress could block constitutional amendments favoured by the states.
To date, no amendments to the Constitution have been proposed by a convention. The process of calling for a convention has never been initiated, despite having its backers. This may be due to the high bar set for proposing an amendment through this method, requiring the support of two-thirds of state legislatures.
The process of calling for a convention begins with the state legislatures. They must first pass a resolution calling for a convention. Once two-thirds of the state legislatures have passed such a resolution, Congress is required to call for a convention for proposing amendments. This convention would then propose amendments, which would subsequently need to be ratified by three-fourths of the state legislatures or conventions to become part of the Constitution.
The process of state legislatures calling for a convention to propose amendments ensures that significant changes to the Constitution can be initiated by the states, bypassing Congress if necessary. This mechanism empowers the states to drive change at a national level and ensures that the interests of the states are reflected in the Constitution.
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Amendments must be ratified by three-fourths of states
The United States Constitution was written to endure for ages, and the framers made the process of amending the document a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, and amendments must be ratified by three-fourths of the states (38 of 50 states).
Amendments may be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention requested by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once an amendment is proposed by Congress, it 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 other relevant information. 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 good order, the Director acknowledges receipt and maintains custody of them.
The Archivist of the United States is responsible for administering the ratification process and, once the OFR verifies that it has received the required number of authenticated ratification documents, 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Frequently asked questions
The process of amending the US Constitution is a difficult and time-consuming task. 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 proposed, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.
The framers of the Constitution intended for it to "endure for ages to come". They wanted to ensure that the document could last and endure potential changes over time, so they made the process of amending it a challenging task.
Amendments are proposed for a variety of reasons, often to secure the rights of citizens. For example, there have been proposals to outlaw flag burning, allow voluntary school prayer, and make English the official language of the country.
In the past, some state legislatures have not waited for official notice before taking action on a proposed amendment. Additionally, no amendment has ever been proposed by a constitutional convention, despite it being an option.
