Malcolm Rivera
The United States Constitution was written to endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, and the President does not have a constitutional role in the amendment process. The process of amending the Constitution has been carried out 27 times since the Constitution was drafted in 1787, with over 11,000 amendments proposed.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 11,000+ |
| Number of amendments ratified | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of first 10 amendments ratification | 15 December 1791 |
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | Comes in the form of a joint resolution from Congress |
| Amendment ratification | Requires ratification from three-fourths of the States (38 of 50) |
Explore related products
What You'll Learn
- The US Constitution was written to be difficult to amend
- Article V outlines the process for amending the Constitution
- The President does not have a constitutional role in the process
- Amendments require ratification by three-fourths of state legislatures
- Over 11,000 amendments have been proposed, but only 27 ratified
The US Constitution was written to be difficult to amend
The US Constitution is widely regarded as one of the most rigid and difficult constitutions to amend in the world. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". To ensure its longevity, the framers intentionally made the process of amending the document challenging. Since its drafting in 1787, the Constitution has been amended only 27 times, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
The process of amending the US Constitution is outlined in Article V of the Constitution. A proposed amendment must be passed by 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 state legislatures. Once an amendment is proposed, it is sent to the states for their consideration. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50 states).
The rigorous amendment process has led to numerous unsuccessful attempts to introduce new amendments. For instance, supporters of congressional term limits and a balanced budget amendment were unable to secure the necessary support for their proposed changes. Similarly, the ERA Amendment failed to gain enough traction among state legislatures in the 1980s.
While some argue that the difficulty of amending the Constitution is a cause for concern, others believe that it is a testament to the document's endurance. The process ensures that amendments are reserved for significant issues that impact all Americans or secure the rights of citizens. However, critics suggest that the Constitution should be periodically rewritten or re-evaluated to ensure that it remains relevant and reflective of the values and vision of the American people.
Amending the Constitution: When and How?
You may want to see also
Article V outlines the process for amending the Constitution
The process of amending the United States Constitution is derived from Article V of the Constitution. The framers of the Constitution intentionally made it a challenging process to ensure its longevity. Since its drafting in 1787, the Constitution has been amended only 27 times, including the first ten amendments, which were adopted four years later as the Bill of Rights.
Article V outlines two methods for proposing amendments to the Constitution. The first method involves Congress proposing amendments whenever two-thirds of both Houses deem it necessary. The second method is triggered when two-thirds of the state legislatures apply to Congress, which then calls a convention for proposing amendments. In both cases, the proposed amendments become valid and binding as part of the Constitution when ratified by three-fourths of the state legislatures or conventions.
The amendment process begins with Congress proposing an amendment in the form of a joint resolution. The joint resolution bypasses the President and is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR prepares an information package for the states, including formal copies of the joint resolution and the statutory procedure for ratification.
The governors then formally submit the proposed amendment to their state legislatures. Alternatively, a state may call for a convention, depending on Congress's specifications. Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process. The amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
While Article V sets forth the procedures for amending the Constitution, some scholars argue that the people of the United States may amend the Constitution using methods not explicitly outlined in Article V. However, the authority to amend the Constitution ultimately stems from Article V, and Congress has used its procedures to propose numerous amendments throughout history.
Interpreting Constitutional Amendments: Understanding the Blank Space
You may want to see also
The President does not have a constitutional role in the process
The process of amending the United States Constitution is a complex and challenging endeavour, as the framers intended when it was first drafted in 1787. Since then, the Constitution has been amended only 27 times, including the first 10 amendments, known as the Bill of Rights, ratified in 1791. The authority to propose and ratify amendments stems from Article V of the Constitution, which outlines the procedures for amending the document.
While the President of the United States is the head of state and plays a significant role in the country's governance, they do not have a constitutional role in the amendment process. The process is initiated by Congress, which proposes an amendment in the form of a joint resolution. This resolution does not require the President's signature or approval and is instead forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA, headed by the Archivist of the United States, is responsible for administering the ratification process.
The exclusion of the President from the constitutional amendment process is a deliberate aspect of the system of checks and balances inherent in the US Constitution. By not involving the President, the framers intended to prevent any potential abuse of power or undue influence on the part of the executive branch. This ensures that the amendment process remains a collaborative effort between Congress and the state legislatures, reflecting the will of the people and securing the rights of citizens.
The process of amending the Constitution is designed to be rigorous and meticulous. After Congress proposes an amendment, the NARA's Office of the Federal Register (OFR) adds legislative history notes and publishes the joint resolution in slip law format. The OFR also prepares an information package for the states, which includes formal copies of the resolution and the statutory procedure for ratification. The Archivist then submits the proposed amendment to the governors of each state, who formally submit it to their state legislatures.
The role of the Archivist of the United States and the OFR is crucial in ensuring the integrity and accuracy of the amendment process. The OFR examines ratification documents for legal sufficiency and authenticity, maintaining custody of these documents until an amendment is adopted or fails. Once an amendment is ratified by three-fourths of the states (38 out of 50), the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register, marking the completion of the amendment process.
The 13th Amendment: Mississippi's Ratification Journey
You may want to see also
Explore related products
Amendments require ratification by three-fourths of state legislatures
The United States Constitution was drafted in 1787 with the intention that it would "endure for ages to come". As a result, the process of amending the Constitution is a difficult task. The authority to amend the Constitution comes from Article V of the Constitution. The process of amending the Constitution is known as the "Amendment Process".
Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is sent to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is then assembled 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 procedure for ratification under 1 U.S.C. 106b.
The Archivist of the United States then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified. 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 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 out of 50 States). The OFR verifies that it has received the required number of authenticated ratification documents, and then 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 recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The traditional constitutional amendment process has been used for the ratification of every amendment to the Constitution thus far.
Amendment X: States' Rights and Powers Reserved to the People
You may want to see also
Over 11,000 amendments have been proposed, but only 27 ratified
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made it difficult to amend the Constitution, and this is evident in the number of amendments that have been proposed versus the number that has been ratified.
Over 11,000 amendments have been proposed in congressional history, according to the Senate's historian. However, only 27 amendments have been ratified. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments relate to personal and individual rights, such as freedom of speech, religion, press, assembly, and petition. The right to bear arms and the right to be secure in one's home against unreasonable searches and seizures are also included in these first 10 amendments.
The process of amending the Constitution is complex. For a proposed amendment to become part of the Constitution, it must be proposed by two-thirds of the House and Senate or by a constitutional convention called for by two-thirds of the state legislatures. Even if a proposed amendment makes it through the proposal stage, it still needs to be approved by three-quarters of the states (38 out of 50) to be ratified. This high bar for ratification means that very few proposed amendments make it through the entire process.
Some notable proposed amendments that did not pass include the Equal Rights Amendment, the Titles of Nobility Amendment, and the Child Labor Amendment, and an amendment to make divorce illegal. On the other hand, some unusual amendments have been proposed, such as renaming the United States "the United States of the Earth" and outlawing millionaires.
Amending the Constitution: A Deliberate Process
You may want to see also
Frequently asked questions
The United States Constitution was drafted in 1787 and the first 10 amendments, known as the Bill of Rights, were ratified in 1791.
There have been 27 amendments to the US Constitution since it was drafted.
More than 11,000 amendments to the Constitution have been proposed.
Congress proposes an amendment in the form of a joint resolution. The original document is then forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR also assembles an information package for the states. The proposed amendment is then submitted to the states for their consideration. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
Article V establishes two methods for proposing amendments to the Constitution.
