Simone Lawson
The United States Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending it is intentionally difficult. The framers of the Constitution wanted it to be a document to endure for ages to come, and so made it challenging to modify. Amendments are generally reserved for issues of major impact affecting all Americans or securing the rights of citizens. There are two ways to propose an amendment: through 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 to become part of the Constitution. This rigorous amendment process ensures that any changes to the Constitution are carefully considered and broadly supported.
| Characteristics | Values |
|---|---|
| Difficulty of amending the Constitution | To ensure the Constitution would last, the framers made it a difficult task to amend the document. |
| Permanence of amendments | Because it is so difficult to amend the Constitution, amendments are usually permanent. |
| Number of amendments | The Constitution has been amended 27 times since 1787. |
| Length of the Constitution | The Constitution is a short document, fewer than 20 pages long in most booklet versions. |
| Amendment process | 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. |
| Amendment ratification | A proposed amendment becomes part of the Constitution as soon as it is ratified by 38 of the 50 States. |
| Amendment proposals | There are hundreds, if not thousands, of proposed amendments to the Constitution that never became law. |
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What You'll Learn
- Amendments are rare and difficult to pass
- The process is outlined in Article V of the Constitution
- Amendments are proposed by Congress or constitutional convention
- The President has no constitutional role in the process
- Amendments are usually only needed to change or clarify something in the Constitution
Amendments are rare and difficult to pass
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. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of the state legislatures, which amounts to 38 out of 50 states. This is a challenging threshold to meet, and it is further compounded by the fact that none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
The high bar for passing amendments is also due to the nature of the ideas that merit an amendment. The idea must be of significant impact, affecting all Americans or securing the rights of citizens. For instance, amendments that have been adopted include those that gave women the right to vote, abolished poll taxes, and lowered the minimum voting age from 21 to 18.
Additionally, the political configuration and the content of the Constitution itself can create barriers to passing amendments. For instance, the ERA Amendment did not pass the necessary majority of state legislatures in the 1980s. In recent times, supporters of congressional term limits and a balanced budget amendment have also been unsuccessful in getting their desired amendments passed.
The rarity and difficulty in passing amendments are further exacerbated by the fact that the President does not have a constitutional role in the amendment process. Instead, the process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The complex and stringent requirements for amending the Constitution ensure that any changes made are carefully considered and broadly supported.
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The process is outlined in Article V of the Constitution
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing and ratifying amendments.
The first method, which has been used for all 33 amendment proposals sent to the states for ratification, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This phase highlights the need for bipartisan support. After gaining congressional approval, the amendment is sent to the states for ratification.
The second method, which has never been used, involves two-thirds of state legislatures requesting Congress to call a Constitutional Convention to propose amendments. This option allows states to exert pressure on Congress to address desired amendments.
Once an amendment is proposed, either by Congress or a Constitutional Convention, it must be ratified. The Constitution outlines two methods for ratification. The first and most common method requires legislative approval by three-fourths of the states (38 out of 50 states). This approach emphasizes the role of state governments in national decision-making and ensures widespread support for any changes to the Constitution.
The second method of ratification involves conventions in three-fourths of the states. Congress uses this method when a more direct form of democratic participation is desired. This method has only been used once, for the ratification of the 21st Amendment, which repealed Prohibition.
The process of amending the Constitution, as outlined in Article V, ensures that any changes to this foundational document have broad support and reflect the evolving needs and values of the American people.
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Amendments are proposed by Congress or constitutional convention
The United States Constitution has been amended only 27 times since it was drafted in 1787. The framers of the Constitution made it a challenging task to amend the document, and this is evident in the amendment process. The Constitution provides that an amendment may be proposed by either the Congress or a constitutional convention.
Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
State legislatures can also propose amendments by calling for a constitutional convention. This requires two-thirds of the State legislatures to make the request to Congress. However, this method has never been used to propose an amendment, and there are concerns about its potential to become a "runaway convention" that exceeds its scope.
Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The process of amending the Constitution is deliberately challenging, and it ensures that amendments are reserved for significant changes that impact all Americans or secure the rights of citizens.
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The President has no constitutional role in the process
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. Amending the Constitution is a challenging and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states (38 out of 50). The Constitution provides that 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 constitutional convention requested by two-thirds of the state legislatures.
The President has no constitutional role in the amendment process. The joint resolution proposing an amendment does not require the President's signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format. It also prepares an information package for the states, including formal "red-line" copies and slip law format copies of the joint resolution.
The authority to amend the Constitution is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many ministerial duties to the Director of the Federal Register. Once the OFR receives the required number of authenticated ratification 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
While the President has no formal constitutional role in the amendment process, there have been instances of Presidents playing an informal, ministerial role. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, and President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, even though their signatures were not necessary. Additionally, in recent history, the signing of the certification has become a ceremonial function that may be attended by various dignitaries, including the President.
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Amendments are usually only needed to change or clarify something in the Constitution
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. This is because amendments are usually only needed to change or clarify something that the Constitution specifically mentions. The Constitution is a concise document, typically fewer than 20 pages long in booklet form. It outlines the structure of the government but does not include most US laws. Therefore, most law changes do not require constitutional amendments.
The Constitution is considered the "supreme law of the land," meaning that it takes precedence over other laws and can only be changed through the amendment process. Amending the Constitution is challenging, and for good reason. The framers of the Constitution intended for it to endure for ages, so they made the process of amending it difficult. A proposed amendment must pass by a two-thirds majority vote in both the House of Representatives and the Senate (two-thirds of both houses of Congress) before being ratified.
In addition to the challenge of achieving the required majority in Congress, the process of ratifying an amendment is also demanding. Once Congress proposes an amendment, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process. The Archivist has delegated many duties associated with this function to the Director of the Federal Register. The Director examines 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. The proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50).
The amendment process is so rigorous that there have been hundreds, if not thousands, of proposed amendments that never became law. Activists have pushed for constitutional amendments to create lasting change, but it is a lengthy and challenging process. State legislatures have used their power to apply for a national convention to pressure Congress into proposing a desired amendment. However, no amendments have been proposed by a constitutional convention to date.
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Frequently asked questions
The Constitution included an amendment process to ensure that it would endure for ages to come. The framers intended for the document to be difficult to amend, so that any changes would be significant and long-lasting.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request Congress to call a Constitutional Convention, although this has never happened. Once proposed, an amendment is ratified when three-quarters of the States (38 out of 50) approve it.
There have been 27 amendments to the US Constitution since it was drafted in 1787, including the first 10 amendments, which were adopted as the Bill of Rights four years later.
Notable amendments to the Constitution include the 19th Amendment, which gave women the right to vote, the 18th Amendment that enacted Prohibition, and the 21st Amendment, which repealed it. Another is the 26th Amendment, which lowered the minimum voting age from 21 to 18.
The Constitution is the supreme law of the land, and as such, it cannot be changed by any process except for another amendment. Amendments are usually only needed to change or clarify something that the Constitution specifically says, and they are intended to be permanent.
