Omar Bennett
The United States Constitution was written to endure for ages to come, and as such, the framers made it a challenging process to amend the document. The Constitution has been amended only 27 times since 1787, and while there have been approximately 11,848 measures proposed to amend it, the strict requirements for approval make it difficult to enact amendments. For instance, for an amendment to be approved, two-thirds of both houses of Congress and three-quarters of the states must pass it. This challenging process has led to criticism that it is too difficult to amend the Constitution and that it is biased in favor of the federal government.
| Characteristics | Values |
|---|---|
| Difficulty level | Very difficult |
| Number of amendments since it was drafted in 1787 | 27 |
| Number of measures proposed to amend the Constitution from 1789 through Jan. 3, 2019 | 11,848 |
| Number of amendments passed by Congress and sent to the states | 33 |
| Minimum number of states required to ratify an amendment | 38 |
| Minimum vote required in Congress to propose an amendment | Two-thirds majority |
| Minimum number of state legislatures required to call for a constitutional convention | Two-thirds |
| Instances of amendments called for by constitutional convention | 0 |
| Bias | In favour of the federal government |
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What You'll Learn
The US Constitution was written to endure
Amendments are usually only needed to change or clarify something that the Constitution specifically says. The Constitution is a short document, typically fewer than 20 pages in booklet form. It outlines the structure of the government but does not include most of the laws that exist in the United States. Most of the time, changing a law does not require changing the Constitution.
The process of amending the Constitution is set out in Article V, which states that an amendment must 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 state legislatures. A proposed amendment only becomes part of the Constitution when ratified by legislatures or conventions in three-quarters of the states (38 out of 50). This makes it challenging to secure enough support for an amendment, and the process is further complicated by the close political divide in Congress.
While the text of the Constitution has remained largely unchanged, its interpretation has evolved over time. Some critics argue that the amendment process is too strict and biased in favour of the federal government, making it difficult to incorporate modern circumstances and values into the document. However, others defend the strict process, arguing that not just any idea to improve America deserves an amendment. The idea must have a significant impact on all Americans or secure the rights of citizens.
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Amendments require two-thirds majority in both houses of Congress
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it a challenging process to amend the document. Amending the Constitution is a rare occurrence, and there have only been 27 amendments since it was drafted in 1787.
Amendments require a two-thirds majority vote in both the House of Representatives and the Senate, also known as both houses of Congress. This is a challenging feat to achieve, and critics argue that the process is too strict. The two-thirds majority in Congress is just the first step in the process of amending the Constitution. Once an amendment is proposed by Congress, it must then be ratified by three-quarters of state legislatures (38 out of 50 states).
The two-thirds majority vote in both houses of Congress is outlined in Article V of the Constitution, which sets out the primary paths for amending the document. The difficulty of the amendment process was recently highlighted when supporters of congressional term limits and a balanced budget amendment were unsuccessful in getting the new amendments they desired.
The Constitution is a short document, usually fewer than 20 pages in booklet form, and it outlines the structure of the government. Most laws in the United States are not included in the Constitution, and changing a law typically does not require amending the Constitution. Amendments are generally only needed to change or clarify something that the Constitution explicitly states.
The strict requirements for amending the Constitution have led to criticisms that the process is too difficult and biased in favor of the federal government. However, it is important to note that the amendment process is not the only way the Constitution can change. The interpretation of the Constitution has evolved over time, and there have been significant changes to the nature of the government that occurred without any amendments to the written Constitution.
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Three-quarters of states must ratify amendments
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. In over 230 years, 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 sets out the primary paths for making changes. One of the requirements for an amendment to be approved is that it must be ratified by three-quarters of the states, or 38 out of 50 states. This step in the process ensures that any changes to the Constitution are widely supported across the country and not just in a few regions.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then passed on to the Director of the Federal Register for processing. The Director examines the ratification documents to ensure they are legally sufficient and have authentic signatures.
Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), a formal proclamation is drafted 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 to Congress and the nation that the amendment process is complete.
The difficult amendment process, including the requirement for ratification by three-quarters of the states, ensures that the Constitution remains a stable and enduring document, capable of meeting the challenges and crises of the future. However, some critics argue that the process is too strict and makes it challenging to enact amendments that reflect modern circumstances and values.
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Amendments must be of major impact
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it difficult to amend. The 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 process of amending the Constitution is strict, and it is difficult to secure approval by two-thirds of both Houses of Congress and three-quarters of the states. This is because the Constitution is intended to be an enduring document that can meet future challenges and crises. The framers of the Constitution wanted to ensure that it would only be amended when necessary and that any changes would be carefully considered and widely supported.
The difficulty of amending the Constitution has led to criticism of the process, with some arguing that it is too strict and should be easier to make changes. However, others defend the process, arguing that it is necessary to protect the integrity and stability of the Constitution.
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The original meaning of the Constitution is not always followed
The United States Constitution was written with the intention that it would "endure for ages to come". To ensure its longevity, the framers made it a challenging process to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, indicating that amendments are rare.
Additionally, critics argue that the amendment process is biased in favour of the federal government and does not readily allow for amendments that would limit the national government's power. This bias contributes to the difficulty of enacting amendments that align with the Constitution's original meaning.
Furthermore, the interpretation of the Constitution has evolved over time, leading to changes in how it is understood and applied. This evolution in interpretation has resulted in significant shifts in the nature of governance, even without corresponding amendments to the written Constitution.
Despite the challenges, proponents of amendments remain persistent, as evidenced by the approximately 11,848 measures proposed to amend the Constitution from 1789 through January 3, 2019. While the amendment process is designed to be rigorous, some argue that it should be made more accessible to accommodate modern circumstances and values.
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Frequently asked questions
The United States Constitution was written to endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. To ensure it would last, the framers made it a challenging process to amend the document.
Article V of the Constitution outlines the primary paths for amending it. An amendment must 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 state legislatures. A proposed amendment becomes part of the Constitution when ratified by legislatures or conventions in three-fourths of the states.
The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The amendment process has been criticised for being too strict and making it challenging to enact amendments. It is also considered biased in favour of the federal government, not allowing changes that would limit the national government.
Supporters of congressional term limits and a balanced budget amendment were not successful in getting the new amendments they wanted.
