Isabella Carter
A constitutional amendment is a modification of the constitution of a polity, organization, or other types of entities. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Amendments to the US Constitution are often referred to as amendments to the Constitution because they are modifications or changes to the existing Constitution. The process of amending the Constitution is deliberately difficult, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a national convention called by Congress on the application of two-thirds of state legislatures.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of proposals to amend the US Constitution since 1789 | ~11,848 |
| Average number of proposals by members of the House and Senate per Congress term | 200 |
| Number of amendments proposed by US Congress and sent to the states for ratification | 33 |
| Number of amendments pending | 4 |
| Number of amendments that failed | 2 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments that require a referendum for approval | Depends on the jurisdiction |
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What You'll Learn
Amendments are modifications to the constitution
In the United States, the Constitution has been amended 27 times since it was drafted in 1787. The process for amending the US Constitution is outlined in Article V, which requires a two-step process of proposal and ratification. Amendments can be proposed by a two-thirds majority vote in both houses of Congress or by a national convention called by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The amendment process in the US is deliberately challenging to ensure the longevity of the Constitution. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, but only 27 have successfully become part of it. Amendments must address significant issues affecting all Americans or securing citizens' rights. Some notable amendments include those that gave women the right to vote, abolished poll taxes, and lowered the minimum voting age to 18.
While the US Constitution has a well-defined amendment process, other countries have different approaches. For instance, in California, there are three methods for proposing amendments to the State Constitution: by the legislature, constitutional convention, or voter initiative. Similarly, the German Weimar Constitution of 1919 had a very broad conception of "amendment," allowing laws that deviated from the constitution without becoming part of it. This was later changed in the 1949 constitution to explicitly require amendments to change the text of the constitution.
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Amendments are proposed by Congress or convention
Amendments to the US Constitution are proposed by Congress or a convention. Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. Since the Constitution was put into operation on March 4, 1789, Congress has proposed 33 amendments, 27 of which have been ratified and are now part of the Constitution. The last successful amendment proposal by Congress was the District of Columbia Voting Rights Amendment in 1978.
The process of proposing an amendment by Congress is challenging, requiring a two-thirds majority vote in both the House of Representatives and the Senate. This high threshold ensures that amendments have a significant impact on all Americans or secure citizens' rights. For instance, the 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, were proposed and ratified by Congress.
A national convention, called by Congress upon the request of two-thirds of the state legislatures (34 since 1959), can also propose amendments. However, no amendments to the US Constitution have been proposed through this method. The convention method allows citizens to have a more direct role in shaping the Constitution, as delegates to a constitutional convention are voters elected from districts.
While amendments are proposed by Congress or convention, the process doesn't end there. After a proposal, the Archivist of the United States administers the ratification process. An amendment becomes operative once ratified by three-fourths of the states (38 out of 50). The Archivist then issues a certificate, officially declaring the amendment as part of the Constitution.
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Amendments are ratified by states
Amendments to the US Constitution are ratified by states, a process that is overseen by the Archivist of the United States. The Archivist is responsible for administering the ratification process, which involves receiving ratification documents from the states and issuing a certificate to confirm that an amendment has been ratified and has become an operative part of the Constitution.
The process of amending the US Constitution is deliberately difficult. A proposed amendment must be passed by a two-thirds majority in both houses of Congress, before being sent to the states for ratification. An amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The US Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. Amendments can be proposed by Congress or by a national convention called by Congress on the application of two-thirds of state legislatures. The latter method has never been used. Once an amendment is proposed, it is sent to the states for ratification.
The process of ratification involves the governors of each state formally submitting the proposed amendment to their state legislatures. The state legislatures then vote on the amendment, and if it is ratified, the state sends an original or certified copy of the ratification to the Archivist of the United States. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the OFR maintains custody of them until the amendment is adopted, at which point the records are transferred to the National Archives for preservation.
Once the OFR has received the required number of ratified documents, 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 serves as official notice that the amendment process is complete.
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Amendments are recorded by the Archivist
Amendments to the US Constitution are recorded by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist is responsible for administering the ratification process, which involves receiving and verifying the required number of authenticated ratification documents from the states. Once an amendment has been properly ratified, the Archivist issues a certificate, proclaiming that it has become an operative 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 has been completed.
The process of amending the US Constitution is outlined in Article Five of the Constitution. It involves two steps: proposing an amendment and ratifying it. An amendment may be proposed by 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. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
Once an amendment is proposed, it is sent to the states for ratification. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist, in turn, conveys this information to the Director of the Federal Register (OFR), who examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
The OFR plays a crucial role in the amendment process by providing an information package to the states, which includes formal "red-line" copies of the joint resolution and other relevant information. Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is a ceremonial function that has, in recent times, been attended by various dignitaries, including the President.
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Amendments are difficult to pass
Amendments to the US Constitution are difficult to pass because the framers of the Constitution intended it to be that way. Chief Justice John Marshall wrote that the Constitution was written "to endure for ages to come". As a result, the process of amending the Constitution is deliberately challenging and time-consuming.
The US Constitution has been amended only 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. After that, there were no amendments for over 50 years. In the wake of the Civil War, three important amendments were added: the Thirteenth (outlawing slavery), the Fourteenth (protecting equal civil rights), and the Fifteenth (forbidding racial discrimination in voting). Since then, amendments have been infrequent and difficult to enact.
The process of amending the Constitution varies across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, often requiring approval in a referendum. In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or veto. To amend the US Constitution, a proposed amendment must be passed by a two-thirds supermajority in both houses of Congress and then ratified by the legislatures of three-fourths of the states. This process is challenging and has led to criticism that the amendment process is too strict and biased in favor of the federal government.
The high bar for passing amendments ensures that only significant changes affecting all Americans or securing citizens' rights are made to the Constitution. Proposed amendments must have a substantial impact and broad support to succeed. This difficulty in passing amendments has led to calls for a Constitutional Convention, which would provide an alternative path for proposing amendments. However, a Constitutional Convention has never been held, and the existing amendment process remains the primary means of constitutional change.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other types of entities. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text.
Amendments must be properly proposed and ratified before becoming operative. In the United States, an amendment may be proposed either 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 ratified by three-fourths of the States, it becomes part of the Constitution.
The process of amending the Constitution involves proposing and ratifying an amendment. In the United States, Congress proposes an amendment in the form of a joint resolution, which is then sent to the states for ratification. The Archivist of the United States administers the ratification process, and upon proper ratification, issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
The framers of the Constitution made it difficult to amend the document to ensure its longevity. The amendment process is time-consuming and requires supermajorities in the legislature or direct approval by the electorate in a referendum. This stringent process ensures that only significant changes affecting all Americans or securing citizens' rights are made to the Constitution.
