Malcolm Rivera
The United States Constitution is notoriously difficult to amend. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written to endure for ages to come. Since 1789, there have been approximately 11,848 measures proposed to amend the Constitution, with only 27 amendments ratified. Amending the Constitution requires a high degree of political consensus, which is often hindered by partisan divisions. The process is intentionally challenging and time-consuming, requiring a two-thirds majority vote in both the House and the Senate, followed by ratification by three-fourths of state legislatures.
| Characteristics | Values |
|---|---|
| Number of amendments since drafted | 27 |
| Number of amendments proposed | 11,848 |
| Number of amendments passed by Congress | 33 |
| Number of amendments ratified | 27 |
| Last amendment ratified | 27th Amendment in 1992 |
| Number of states required for ratification | 38 |
| Percentage of supermajority agreement required in legislatures | 66.67% |
| Number of states with frequent amendments | 5 |
| Number of states with infrequent amendments | 5 |
| Number of balanced-budget amendment proposals since 1999 | 134 |
| Number of proposed amendments since Constitutional Convention | 12,000 |
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What You'll Learn
- Amendments require a two-thirds majority vote in both the House and Senate
- Ratification is then needed from three-quarters of states
- The degree of political consensus required is often in short supply
- Amendments must have a major impact on or secure rights of citizens
- The number of proposed amendments makes each harder to pass
Amendments require a two-thirds majority vote in both the House and Senate
The United States Constitution is considered one of the most difficult constitutions to amend. The document was written "to endure for ages to come", and the framers ensured that amending it would be a challenging task.
Amending the Constitution requires a two-thirds majority vote in both the House and the Senate. This is known as a supermajority agreement, and it is one of the main reasons why constitutional amendments are so difficult to pass. This requirement is outlined in Article V, which establishes the primary paths for amending the Constitution.
The two-thirds majority vote in each house is based on the members present and assumes the presence of a quorum. This means that the vote requires the support of two-thirds of the members who are present, rather than two-thirds of the entire membership.
The two-thirds majority vote in both the House and the Senate is the first step in the amendment process. Once an amendment is proposed by Congress with the required majority vote, it is then submitted to the states for their consideration. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The proposed amendment must then be ratified by the legislatures or conventions in three-fourths of the states (38 out of 50 states). This is the final step in the amendment process, and it is only when this ratification is achieved that the amendment becomes part of the Constitution.
The requirement of a two-thirds majority vote in both the House and the Senate sets a high bar for passing constitutional amendments. It ensures that any changes to the Constitution have broad support and are carefully considered. However, it also means that even popular proposals may struggle to gain the necessary majority, as was the case with supporters of congressional term limits and a balanced budget amendment.
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Ratification is then needed from three-quarters of states
The United States Constitution is notoriously difficult to amend. The framers of the Constitution intended for the document to be enduring and made it challenging to modify. Since its drafting in 1787, there have only been 27 amendments, with the last one being ratified in 1992.
The process of amending the Constitution is outlined in Article V, which requires a proposed amendment to be ratified by three-quarters of the states, or 38 out of 50 states, to become part of the Constitution. This step in the amendment process adds a layer of complexity, as it necessitates a high level of consensus among a large number of states. Achieving ratification across a diverse range of states, each with its own interests and priorities, can be challenging.
The ratification process highlights the federal nature of the United States, where power is shared between the national government and the individual states. By requiring the approval of a supermajority of states, the framers ensured that any changes to the Constitution would reflect a broad consensus across the country, rather than just the will of the national government. This safeguard helps to protect the rights of individual states and ensures that amendments have widespread support.
The difficulty in achieving ratification from three-quarters of the states becomes more apparent when examining the number of proposed amendments that have failed to make it through the process. Since 1789, there have been approximately 11,848 measures proposed to amend the Constitution, yet only 33 have been passed by Congress and sent to the states for ratification, and only 27 have been successfully ratified. This low success rate underscores the challenge of obtaining approval from a sufficient number of states.
The process of ratifying constitutional amendments can vary across states. Some states may require amendments to be approved by a majority of voters in an election, while others may have different procedures in place. The diversity of ratification processes across states adds another layer of complexity to the already challenging task of amending the Constitution.
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The degree of political consensus required is often in short supply
The United States Constitution is notoriously difficult to amend. It has only been amended 27 times since it was drafted in 1787, with the last amendment taking place in 1992. Amending the Constitution requires a high degree of political consensus, which can be challenging to achieve, especially in today's polarised political climate.
The process of amending the Constitution is deliberately designed to be arduous. The framers intended for the Constitution to be an enduring document that could withstand the test of time. As Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come". To ensure its longevity, the framers made the amendment process difficult.
The specific requirements for amending the Constitution are outlined in Article V. A proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate. This means that a supermajority agreement is required, which can be challenging to attain, especially with the current level of partisan division in American politics. The higher the partisan division, the more difficult it becomes to achieve the necessary supermajority agreement.
Furthermore, even if a proposed amendment manages to secure the required supermajority in Congress, it must then be ratified by three-fourths of the state legislatures, or 38 out of 50 states. This step adds another layer of complexity and requires significant political consensus at the state level.
The degree of political consensus required to amend the Constitution can be challenging to attain, especially when proposed amendments often carry a distinct partisan tinge. For example, most balanced-budget proposals since 1999 have been sponsored by Republicans, while proposals to authorise limits on campaign contributions have primarily come from Democrats. This partisan bias in proposed amendments further exacerbates the difficulty of achieving the necessary supermajority agreement and ratification by a diverse array of state legislatures.
In conclusion, the United States Constitution is notoriously difficult to amend, and the degree of political consensus required is often in short supply. The framers intended for the amendment process to be challenging, and the current political landscape, characterised by partisan division, further complicates the attainment of the necessary consensus. While the difficulty of amending the Constitution may be by design, it is essential to recognise that it can also hinder necessary changes and adaptations to keep the document relevant and responsive to the evolving needs of the nation.
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Amendments must have a major impact on or secure rights of citizens
The United States Constitution is famously difficult to amend. 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 made it challenging to modify. Since 1789, there have been approximately 11,848 measures proposed to amend the Constitution, with only 27 amendments successfully ratified.
Amendments must have a major impact on or secure the rights of citizens. The idea must be significant and far-reaching, affecting all Americans. For instance, the 19th Amendment gave women the right to vote, and the 26th Amendment lowered the minimum voting age from 21 to 18. Other notable amendments include the enactment and subsequent repeal of Prohibition, and the abolition of poll taxes.
The amendment process is lengthy and arduous. A proposed amendment must be passed by a two-thirds majority in both houses of Congress, and then ratified by three-fourths of state legislatures. This requires a high level of bipartisan cooperation and political consensus, which can be challenging to achieve. The degree of difficulty in amending the Constitution has been criticised, with some arguing that it is too hard to adapt the document to modern times.
The high bar for amendments ensures that any changes to the Constitution are thoroughly considered and widely supported. While this can make the process slow and cumbersome, it also helps to maintain the stability and endurance of the nation's founding document.
Despite the challenges, proponents of amendments remain undeterred. The lengthy and complex process has not prevented advocates from pursuing changes to the Constitution that they believe are necessary and beneficial. This ongoing pursuit of amendment demonstrates the enduring belief in the possibility of change, even in the face of significant obstacles.
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The number of proposed amendments makes each harder to pass
The United States Constitution is notoriously difficult to amend. The document was drafted to "endure for ages to come", and the framers intentionally made the amendment process challenging. As a result, the Constitution has only been amended 27 times since 1787, with the last ratified amendment passing in 1992.
The high number of proposed amendments makes each individual amendment harder to pass. Between 1789 and January 3, 2019, approximately 11,848 measures were proposed to amend the Constitution, according to the U.S. Senate's records. In the current political climate, members of Congress continue to introduce dozens of new amendments every session. For example, since 1999, there have been 747 proposed constitutional amendments, with 64 proposed amendments in the current Congress alone.
The large number of proposed amendments reflects the diverse range of topics and issues that legislators seek to address. These proposals often arise in response to controversial court decisions or shifts in public opinion. For instance, the number of proposed amendments related to campaign finance increased after the Supreme Court's Citizens United ruling in 2010, while proposals to ban same-sex marriages have declined as public support for these marriages has grown.
The sheer volume of proposed amendments can create challenges for legislators. With so many competing ideas and priorities, it can be difficult to build the necessary consensus and secure supermajorities in both chambers of Congress. This is especially true when many proposed amendments carry a distinct partisan tinge, such as the balanced-budget proposals predominantly sponsored by Republicans and the proposals to authorize limits on campaign contributions mostly sponsored by Democrats.
Additionally, the high number of proposed amendments can contribute to a perception of amendment difficulty. As Vicki Jackson has argued, the impression that the Constitution is difficult to amend can become a self-fulfilling prophecy, further increasing the perceived difficulty of formal amendment.
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Frequently asked questions
The United States Constitution was written "to endure for ages to come" and to ensure it would last, the framers made it difficult to amend. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.
The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The last ratified amendment was the 27th Amendment in 1992.
Some examples of amendments to the US Constitution include giving women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age from 21 to 18.
The difficulty of amending the US Constitution varies across time due to changing political circumstances. Factors that influence the difficulty include the configuration of congressional power, the evolution of constitutional norms, and the degree of partisan division. A higher concentration of legislative power within a single party can make amendment easier.
