Simone Lawson
Amending a constitution is a difficult and time-consuming process. In the United States, the Constitution has been amended only 27 times since it was drafted in 1787. Article Five of the United States Constitution outlines two methods for amending the nation's frame of government. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. 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. State legislatures generate more than 80% of constitutional amendments considered and approved each year, while some states also allow for citizen-initiated amendments.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution since 1787 | 27 |
| Number of amendments proposed | More than 10,000 |
| Number of amendments approved by Congress and sent to states for ratification | 33 |
| Number of amendments that have not been ratified | 6 |
| Number of amendments that are still open and pending | 4 |
| Number of states that allow citizen-initiated amendments | 17 |
| Number of constitutional conventions held between 1776 and 1986 | 250 |
| Percentage of constitutional amendments generated by state legislatures | >80% |
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What You'll Learn
To secure the rights of citizens
The Constitution has been amended 27 times since 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. These amendments are designed to secure the rights of citizens and limit government power.
The Bill of Rights includes the right to freedom of speech, freedom of religion, and the right to bear arms. It also protects citizens from unreasonable government intrusion in their homes, requiring a warrant for searches and seizures. The Fourth Amendment, for instance, states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause."
The amendments also ensure protections such as due process and trial by jury. The First Amendment, for example, prohibits Congress from making laws that establish a religion or infringe on the freedom of speech. It also guarantees the right of the people to assemble peacefully and petition the government.
The amendments were written by James Madison, then a member of the U.S. House of Representatives, who altered the Constitution's text where he saw fit. The amendments were proposed by the First Congress of the United States in 1789 and ratified in 1791. They were added to the Constitution to address concerns about the lack of limits on government power. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
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To reflect the views of the majority
The constitution of a nation is a crucial document that outlines the fundamental laws and principles that govern the country. It is designed to be a resilient and adaptable framework that can endure and evolve with the nation it serves. As societies progress, their needs and values also evolve, and the constitution must be able to reflect these changes. Amending a constitution is a complex and thoughtful process that ensures any modifications are well-considered and widely supported.
The process of amending a constitution varies across different nations. In the United States, the Constitution provides two methods for proposing amendments. The first method involves both houses of Congress proposing an amendment with a two-thirds majority vote in each house. This highlights the need for bipartisan support and ensures that any amendment reflects the views of a substantial majority. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures, followed by ratification by three-fourths of the states. This second method empowers states to have a direct say in the process and allows them to reflect the will of their constituents.
The state ratification process plays a crucial role in ensuring that amendments have widespread support and reflect a broad consensus. By involving both the federal and state levels of government, the amendment process in the United States promotes representative governance and empowers local voices in shaping national laws. This collaborative effort helps maintain a dynamic democracy that can adapt to the changing needs of its citizens.
In other countries, the process of amending the constitution may vary. For example, the Constitution of Brazil outlines specific terms for its amendment, including the involvement of the President of the Republic and the Federal Senate. Similarly, the Constitution of Ethiopia can only be modified by a two-thirds majority of its regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. Each nation's amendment process is tailored to its unique governmental structure and the specific needs of its people.
Amending a constitution is a significant undertaking that requires careful consideration and broad consensus. It is a tool that allows a nation's foundational document to remain relevant, responsive, and reflective of the evolving views and needs of its citizens. By following established procedures, such as those outlined in Article V of the United States Constitution, amendments can be thoughtfully proposed, deliberated, and ratified, ensuring that the constitution remains a living, enduring framework that serves the nation it governs.
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To adapt to changing circumstances
The world is ever-changing, and a constitution that cannot adapt to changing circumstances is bound to become obsolete. Amendments are a way to ensure that the constitution remains relevant and effective as society evolves.
For example, in the United States, the Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted four years later. While the process of amending the Constitution is deliberately made difficult to ensure its longevity, it is not impossible. 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.
State legislatures generate more than 80% of constitutional amendments considered and approved each year. However, the process varies across states. Some require majority support from legislators, while others demand supermajority legislative support. Additionally, some states require support to be expressed in a single session, while others allow for two consecutive sessions.
Citizens also have the power to initiate amendments in 17 states, including California and Colorado, where citizen-initiated amendments are considered at a brisk pace. Citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted annually across the country. While the specific requirements vary, proponents must typically gather a certain number of signatures to support holding a vote on the amendment.
Amending a constitution is a complex and time-consuming process, but it is necessary to ensure that the document remains adaptable and relevant to the needs of a changing society.
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To address an oversight in the original document
Amending a constitution is a challenging and time-consuming process, and it is not uncommon for proposed amendments to fail. The United States Constitution, for example, has only been amended 27 times since 1787, with the first ten amendments being adopted simultaneously as the Bill of Rights.
One reason to amend a constitution is to address an oversight in the original document. This could include correcting an error, clarifying ambiguous language, or filling in gaps where certain issues were not adequately addressed. For instance, an amendment may be proposed to secure the rights of citizens or address an issue of major impact affecting all citizens.
In the United States, 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. However, no amendments have been proposed by a constitutional convention to date. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution.
State constitutions can also be amended, and there are various ways this can occur. Amendments to state constitutions may be crafted by legislatures, citizens, conventions, or commissions. The majority of amendments are generated by state legislatures, with over 80% of constitutional amendments considered and approved each year coming from this source.
Citizen-initiated amendments are also possible in some states, with 17 states currently providing this option. These amendments typically require supporters to gather a certain number of signatures in support of holding a vote on the amendment, with the specific percentage varying by state. While citizen-initiated amendments are less common, they are considered at a brisk pace in certain states, such as California and Colorado.
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To modernise outdated language
The United States Constitution is considered one of the world's most difficult constitutions to amend. It has withstood all modern efforts to renovate its outdated architecture on elections, federalism, rights, and beyond. In the last 50 years, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but each proposal has failed.
The Constitution is replete with obsolete and outdated language that weakens the feeling of belonging that a constitution should generate among a country’s citizens. For instance, the 14th Amendment guarantees that no state shall "deny to any person within its jurisdiction the equal protection of the laws." However, it still counts a slave as "three-fifths" of a person. Similarly, the 13th Amendment abolishes slavery, but the Fugitive Slave Clause, which requires escaped slaves to be returned to their masters, remains in the Constitution. The Constitution's outdated language also extends to gender, implying that only men can be president and referring only to "he" or "his" when discussing the presidency.
The First Congress debated whether a constitutional amendment should entail changes to the original text. Roger Sherman, one of the few to sign all three of America's constitutive texts, argued that changing the founders' original words would threaten the integrity of the Constitution. On the other hand, James Madison disagreed, and the Congress ultimately chose to record changes as sequential amendments to the end of the document.
Amending the Constitution to modernise outdated language is crucial to enhancing the sense of inclusion and belonging for all citizens. It is a step towards ensuring that the language of the Constitution reflects the country's modern values of equality, inclusivity, and social transformation.
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