Amending The Constitution: The Most Common Way

The Constitution is not easy to amend, and only 27 amendments have been added since it was adopted in 1787. The most common way to amend the Constitution is through a proposal by Congress, which must pass with a two-thirds majority vote in both the House of Representatives and the Senate. After this, the amendment must be ratified by three-fourths of the States (38 out of 50). This process is time-consuming and challenging, and there are alternative ways to propose amendments, such as through a constitutional convention or citizen-initiative processes, but none of the 27 amendments have been proposed in this way.

Explore related products

The United States Constitution, Declaration of Independence, Bill of Rights with Amendments: Large Print Edition (Annotated)

$9.99

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

The Constitution of the United States of America, with the Bill of Rights and all of the Amendments; The Declaration of Independence; and the Articles of Confederation

$4.5 $17.99

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

A Companion to the United States Constitution and Its Amendments

$34.65 $45

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

Amending the Constitution of the United States is a challenging and lengthy process. The framers of the Constitution intended for it to be this way to ensure its longevity. In over 230 years, the Constitution has only been amended 27 times.

The most common way to propose an amendment is for two-thirds of Congress to agree on a joint resolution. This means that two-thirds of both the House of Representatives and the Senate must vote in favour of the amendment. The joint resolution is then 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 President does not have a constitutional role in this process, so the joint resolution does not go to the White House for signature or approval. Once an amendment is proposed by Congress, it must be ratified by three-quarters of state legislatures, or 38 out of 50 states.

An alternative method to propose an amendment is for two-thirds of state legislatures to request that Congress call a Constitutional Convention. However, this has never happened. A Constitutional Convention could propose amendments without the approval of Congress, but three-quarters of states would still need to ratify the amendment for it to become part of the Constitution.

The process of amending the Constitution is deliberately difficult, and as a result, amendments are usually permanent. Amendments are typically only needed to change or clarify something that the Constitution specifically states.

Amendments are then ratified by three-fourths of the states

Amending the US Constitution is a difficult and time-consuming process. The Constitution is considered the "supreme law of the land", and as such, it is not easily changed. In over 230 years, there have only been 27 amendments to the Constitution.

The first step in the amendment process is for an amendment to be proposed. This can be done 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 an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This can be done either in the state legislatures or at a special convention.

The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, the Director of the Federal Register 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 that the amendment process is complete.

The amendment process is designed to be difficult, with the Framers of the Constitution believing that a long and complicated process would help create stability in the country. As a result, amendments are usually permanent, and once an amendment is ratified, it becomes part of the supreme law of the land and can only be changed by another amendment.

Article V of the Constitution outlines the amendment process

Article V of the US Constitution outlines the process for amending the document. It is intentionally difficult to amend the Constitution, as it was written "to endure for ages to come", according to Chief Justice John Marshall in the early 1800s. The Constitution has only been amended 27 times since it was drafted in 1787.

Article V establishes two methods for proposing amendments to the Constitution. The first method requires both the House and the Senate to propose a constitutional amendment by a two-thirds majority vote. This is the only method that has been used so far. The second method, which has never been used, involves two-thirds of the state legislatures calling on Congress to organise a constitutional convention for proposing amendments.

Once an amendment has been proposed, it must be ratified. Article V also sets out two methods for states to ratify amendments to the Constitution. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment. The second method involves conventions in three-fourths of the states. Congress determines which method the states must follow for ratification.

The Archivist of the United States administers the ratification process, following procedures and customs established by the Secretary of State and the Administrator of General Services. Once an amendment is ratified, the Archivist certifies that it is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large.

Explore related products

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.21

Perfecting the Constitution: The Case for the Article V Amendment Process

$52.19 $57.99

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

Ordinary Equality: The Fearless Women and Queer People Who Shaped the U.S. Constitution and the Equal Rights Amendment

$14 $27.99

The Fifth Amendment: Double Jeopardy, Self-incrimination, and Due Process of Law (Amendments to the United States Constitution: the Bill of Rights)

$13.95

American Founding documents LARGE Laminated 3 pack: US Constitution with all amendments, Declaration of Independence and Bill of Rights (18x29) Young N Refined

$23.95 $33.95

The President does not have a constitutional role in the amendment process

The Constitution of the United States is considered the "supreme law of the land", and as such, the government and its people must follow it. Amending the Constitution is a complex and lengthy process, and it has only been amended 27 times since it was drafted in 1787. The Constitution was written to endure for ages, and the framers made it challenging to amend to ensure its longevity.

The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist does not make substantive determinations about the validity of state ratification actions. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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.

While the President does not have a constitutional role in the amendment process, they may be involved in a ceremonial capacity during the signing of the certification. For example, President Johnson and President Nixon witnessed the certification of amendments. However, their presence is not a constitutional requirement and does not impact the amendment's validity.

Amendments can also be proposed by a constitutional convention called for by two-thirds of state legislatures

The United States Constitution is considered the "supreme law of the land", and the government must follow it. The Constitution can only be changed through the amendment process, which is very difficult and time-consuming. In over 230 years, there have only been 27 amendments. The Constitution was written "to endure for ages to come", and the framers made amending the document a difficult task to ensure its longevity.

Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. However, amendments can also be proposed by a constitutional convention called for by two-thirds of state legislatures. This process is outlined in Article V of the Constitution, which states that "on the Application of two-thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments." Despite this option, a new Constitutional Convention has never been called for in the history of the United States.

A constitutional convention provides a way for the states to bypass Congress in the amendment process. The convention can propose amendments without requiring the approval of Congress. The proposed amendments are then sent to the states for ratification. To become part of the Constitution, three-fourths of the states (38 out of 50) must ratify the amendment, either in their state legislatures or at a special convention.

The process of amending the Constitution through a constitutional convention is challenging and has never been successfully completed. However, it remains a potential avenue for states to initiate changes to the Constitution without requiring the approval of Congress during the proposal stage.

Frequently asked questions