Amending The Constitution: A Difficult But Not Impossible Task

The process of amending the US Constitution is a difficult and time-consuming endeavour. The authority to make changes to the Constitution is derived from Article V of the Constitution, 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, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process is designed to ensure that only significant changes affecting all Americans or securing the rights of citizens are made to the document.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$105.52 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.21

The Constitution of the United States and The Declaration of Independence

$1.99 $14.95

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.4 $45

Amendments must be proposed by Congress with a two-thirds majority in both the House and Senate

Amending the US Constitution is a challenging and lengthy process. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method, which has been utilised for all amendments thus far, requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that out of the 100 senators and 435 representatives, at least 290 votes are needed for an amendment to be proposed.

The process of proposing an amendment in Congress is initiated by a joint resolution. This resolution is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA plays a crucial role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal copies of the joint resolution.

Once an amendment is proposed by Congress, it must then be ratified by the states. This involves the governors submitting the amendment to their state legislatures, where it undergoes a ratification process. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states, which equates to 38 out of 50 states. The OFR examines the ratification documents for legal sufficiency and authenticity, and if they are in order, the Director acknowledges receipt and maintains custody.

The process of amending the Constitution is deliberately challenging, as the framers intended for it to endure over time. Since its drafting in 1787, the Constitution has been amended only 27 times, indicating the high bar for implementing changes to this foundational document. The amendments must be significant, impacting all Americans or securing the rights of citizens. While the process is demanding, it ensures that any alterations to the Constitution undergo rigorous scrutiny and gain substantial support before being enacted.

Alternatively, two-thirds of state legislatures can request a constitutional convention

The United States Constitution was crafted to endure for ages, and amending it is a difficult and time-consuming process. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. The first method, which has been used for all 27 amendments, involves a two-thirds majority vote in both the House of Representatives and the Senate. This process bypasses the President and is initiated by a joint resolution from Congress.

The second method, which has never been used, involves two-thirds of state legislatures requesting a constitutional convention to propose amendments. This method, known as the "convention option," was intended to empower state legislatures to act as a check against the national authority. While this option has its supporters, no constitutional convention has ever been called.

The process of amending the Constitution through a constitutional convention begins with two-thirds of state legislatures submitting a request to Congress. This request initiates the convention process, which provides a forum for proposing amendments. The amendments proposed in the convention must then be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states, as specified by Congress.

The ratification process is managed by the Archivist of the United States, who oversees 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 legal sufficiency and authenticity. Once an amendment is ratified by a sufficient number of states, the Archivist certifies its validity, and it becomes part of the Constitution.

While the convention option has yet to be successfully invoked, it stands as a testament to the framers' intention to provide a mechanism for states to drive constitutional change and protect their interests.

Amendments are then ratified by three-fourths of state legislatures

Amending the United States Constitution is a challenging and time-consuming process. The framers of the Constitution made it difficult to amend the document to ensure its longevity, as Chief Justice John Marshall observed in the early 1800s. Since its drafting in 1787, there have only been 27 amendments to the Constitution, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later.

The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method, which has been utilised for all amendments so far, involves the proposal of an amendment by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It's important to note that the President does not have a constitutional role in this process.

Once an amendment is proposed by Congress, it is then submitted to the states for ratification. This is where the crucial step of ratification by three-fourths of the state legislatures comes into play. Each state has its own process for considering and ratifying proposed amendments. The state legislatures debate and vote on whether to ratify the amendment.

To achieve ratification by three-fourths of the states, the amendment must be ratified by 38 out of 50 states. This step ensures that any changes to the Constitution reflect the consensus and approval of a significant majority of the country. The state legislatures carefully consider the potential impact of the amendment and its implications for their state and its citizens.

When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who is responsible for administering the ratification process. The Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA) examines the ratification documents to ensure their authenticity and legal sufficiency.

In conclusion, the ratification of amendments by three-fourths of state legislatures is a critical step in the process of amending the Constitution. It ensures that any changes to the nation's foundational document reflect the will of a substantial majority of the states and undergo rigorous scrutiny at the state level. This process reinforces the stability and durability of the Constitution while allowing for necessary amendments to be made over time.

Explore related products

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

American Constitutional Law: Introductory Essays and Selected Cases

$140

American Constitutional Law: Introductory Essays and Selected Cases

$143.59 $180

The Liberty Amendments: Restoring the American Republic

$16.56 $26.99

A Companion to the United States Constitution and Its Amendments

$34.65 $45

The Constitutional Amending Process in American Political Thought

$95

The Archivist of the US certifies the validity of amendments

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives.

After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Archivist does not make any substantive determinations as to the validity of State ratification actions. However, the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

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 Congress and the Nation that the amendment process has been completed.

The Archivist's certification and publication responsibilities are devoid of any legal effect as to the validity of an amendment. However, the certification is important as it provides official notice to all branches of state and federal government, as well as the general public, for purposes of compliance, enforcement, adjudication, and further legislation.

Some subjects are unamendable, e.g. no state can be deprived of equal suffrage in the Senate

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers intended to make it difficult to amend the document, and as a result, there have only been 27 amendments since it was drafted in 1787.

Article V of the Constitution outlines the procedures for amending it. It states that two-thirds of both Houses of Congress must propose an amendment, or two-thirds of the State legislatures can request Congress to call a convention for proposing amendments. Once proposed, an amendment must be ratified by three-fourths of the State legislatures or conventions.

Article V also includes certain subjects that are unamendable. One of these is equal suffrage in the Senate for each state. This means that no amendment can be made that would deprive a state of its equal representation in the Senate without its consent. This provision was included to address concerns over federal taxes on slaves, who were considered property at the time.

While some scholars argue that this provision is simply declaratory and that past actors cannot bind the will of the people, others debate whether the equal suffrage requirement could be removed through a two-step process. However, the consensus is that a state's equal suffrage cannot be taken away without its consent.

In conclusion, while the Constitution outlines a difficult and time-consuming process for amendments, it also includes certain subjects that are unamendable, such as equal suffrage in the Senate for each state, which cannot be deprived without the state's consent.

Frequently asked questions