Simone Lawson
The process of amending the United States Constitution is a two-step procedure. The proposal for an amendment must be adopted and ratified before it can be implemented. Amendments can be proposed by the US Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by two-thirds of the state legislatures. Congress has proposed thousands of amendments, with only a fraction receiving enough support to advance to the constitutional ratification process. The Archivist of the United States oversees the ratification process, with the final amendment becoming part of the Constitution once ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Number of proposed amendments to the US Constitution during each session of Congress | 200 |
| Total number of proposed amendments to the US Constitution from 1789 through January 3, 2019 | 11,770 |
| Number of constitutional amendments sent to the states for ratification by Congress since 1789 | 33 |
| Number of amendments to the US Constitution | 27 |
| Number of states required to ratify an amendment for it to become part of the Constitution | 38 |
| Number of states required to call a convention for proposing amendments | 34 |
| Year in which the Christian Amendment was first proposed | 1863 |
| Year in which the Blaine Amendment was proposed | 1875 |
| Year in which the Nineteenth Amendment established women's suffrage | 1920 |
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What You'll Learn
The US Constitution amendment process
The process of amending the US Constitution is outlined in Article V of the US Constitution. Amending the US Constitution is a two-step process. Firstly, proposals to amend the Constitution must be properly adopted. Secondly, they must be ratified before becoming operative.
There are four methods by which amendments can be proposed and ratified. However, only one of these methods has been widely used. This is the method where the proposal is made by Congress, with ratification by state legislatures. This method has been used for all current amendments except one.
The first step requires that a constitutional amendment be suggested. Typically, this means a federal legislator or legislative committee puts forward a bill asking for an amendment. For an amendment bill to be officially proposed, it must pass both houses of the legislature, with a two-thirds majority in each. When both the House of Representatives and the Senate approve by a two-thirds majority vote, it is known as a joint resolution.
Once the bill passes both houses, the proposed amendment is sent to the individual states for their consideration. States vote on whether or not to ratify the amendment in their state legislatures or may be required to call special ratification conventions. The amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states).
Since 1789, Congress has sent 33 constitutional amendments to the states for ratification. However, only 27 amendments have been successfully ratified in the history of the United States.
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Congress's role in proposing amendments
Congress plays a crucial role in proposing amendments to the United States Constitution, a process rooted in Article V of the Constitution. This process involves two methods: proposing amendments directly or calling for a convention.
Firstly, Congress can propose amendments directly by securing a two-thirds majority vote in both the House of Representatives and the Senate. This method, utilised throughout history, has resulted in Congress proposing thirty-three amendments, which were then sent to the states for potential ratification. This direct proposal by Congress is the only method that has been successfully used so far.
The second method, which has never been used, involves Congress calling for a national convention to propose amendments upon the application of two-thirds of state legislatures (currently 34 states). This method has sparked debates among scholars regarding the scope and control of such a convention. While some argue that states can determine the convention's scope by applying for a specific subject or group of subjects, others contend that the Constitution only provides for a general convention.
Regardless of the method, Congress plays a pivotal role in initiating the amendment process. Once an amendment is proposed, either by Congress or through a convention, it must be ratified to become part of the Constitution. Ratification can occur through the legislatures of three-fourths of the states (currently 38 states) or state ratifying conventions in three-fourths of the states. The decision on the ratification method rests solely with Congress.
Congress has considered numerous constitutional amendment proposals over the years, including the Dueling Ban Amendment in the 19th century, the Christian Amendment in the 19th and 20th centuries, and more recently, proposals related to income tax rates and the Supreme Court's legislative apportionment decisions.
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Ratification by state legislatures
The process of amending the United States Constitution involves two steps: proposal and ratification. While hundreds of proposed amendments are introduced during each session of the United States Congress, only a fraction of these receive enough support to win Congressional approval to proceed to the ratification stage.
The proposal stage involves either a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Once a proposal is adopted, it is sent to the states for ratification.
To date, all 27 amendments to the Constitution have been proposed by Congress and ratified by state legislatures. The process involves the Archivist of the United States, who heads the National Archives and Records Administration (NARA), administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with informational material.
Upon receiving the proposed amendment, a governor may formally submit it to their state legislature. In some instances, state legislatures have taken action on a proposed amendment before receiving official notification. Once 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 Director of the Federal Register examines ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the states, or 38 out of 50), 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, serving as official notice to Congress and the nation that the amendment process is complete. In some cases, states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification.
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The Christian Amendment proposal
Amending the United States Constitution is a two-step process. Proposals to amend it must be properly adopted and ratified before becoming operative. The first step requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second step is that, to become part of the Constitution, an adopted amendment must be ratified by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The decision on the ratification method rests with Congress.
The Christian Amendment Movement, later renamed the National Reform Association, was established the following year. Led by Alexander, the association presented a memorial to Congress formally proposing the amendment. The proposal acknowledged "Almighty God as the source of all authority and power in civil government, the Lord Jesus Christ as the Ruler among the nations, His revealed will as the supreme law of the land, in order to constitute a Christian government, and in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare". The association sought an endorsement of the amendment from President Abraham Lincoln, whom they met with on February 11, 1864.
Despite support from Senators Charles Sumner, B. Gratz Brown, and John Sherman, the proposal did not come to a vote in Congress. Similar proposals were considered in 1874, 1875, 1876, 1895, 1896, 1910, 1947, 1949, 1951, 1953, 1954, 1955, 1956, 1957, 1959, 1961, 1963, 1965, 1967, and 1969, but none passed. In 1876, the National Association to Secure the Religious Amendment of the Constitution, headed by Alexander, presented over 35,000 signatures to the House of Representatives in support of the Christian Amendment. However, the movement eventually faded away.
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Amendments proposed in the 19th century
Since the United States Constitution was ratified in 1789, there have been thousands of attempts to amend it. Out of the 11,770 measures proposed, only 27 amendments have been ratified.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791. Proposed by Congress on September 25, 1789, they included:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
- The right of the people to peaceably assemble and to keep and bear arms shall not be infringed.
- The freedom of speech, of the press, and the right of the people to petition the government for a redress of grievances.
Another amendment passed by Congress in 1794 and ratified in 1795 stated:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In 1803, an amendment was passed by Congress and ratified in 1804, which stated:
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
The 19th Amendment, ratified in 1920, states:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
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Frequently asked questions
Proposals for constitutional amendments are typically considered in Congress, which has proposed 33 amendments since the founding of the US.
The US Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves a national convention called by Congress on the application of two-thirds of state legislatures.
After a constitutional amendment is proposed, it is sent to the states for ratification. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
