Eleanor Finch
The United States Constitution was written to endure for ages, and as such, the process of amending it is a difficult task. Amendments are usually only needed to change or clarify something that the Constitution specifically outlines, and in over 230 years, there have only been 27 amendments. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which establishes two methods for proposing amendments. One method is for two-thirds of both houses of Congress to propose amendments, and the other is for two-thirds of the state legislatures to request that Congress call a Constitutional Convention. While the process of amending the Constitution is challenging, the government must move quickly to address any necessary changes or clarifications to the document that outlines the structure of the government.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution since 1787 | 27 |
| Number of proposed amendments by Congress not ratified by the states | 6 |
| Number of amendments proposed by Congress | 33 |
| Number of pages in the Constitution booklet | <20 |
| Number of states required to ratify an amendment | 38 |
| Number of houses of Congress that must pass an amendment | 2/3 |
| Number of state legislatures required to ask Congress to call a Constitutional Convention | 2/3 |
Explore related products
What You'll Learn
- The US Constitution was written to endure, making amendments difficult
- Amendments require two-thirds of both houses of Congress to pass
- Article V outlines the authority to amend the Constitution
- The President has no constitutional role in the amendment process
- Amendments are rare, with 27 in over 230 years
The US Constitution was written to endure, making amendments difficult
The US Constitution was written with longevity in mind, and its framers deliberately made it a challenging document to amend. Chief Justice John Marshall wrote in the early 1800s that the Constitution was designed "to endure for ages to come". This intention is reflected in the amendment process, which has only been successfully completed 27 times since the Constitution was drafted in 1787.
The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments. The first method is for two-thirds of both houses of Congress to pass an amendment. The second method, which has never been used, is for two-thirds of the state legislatures to request a Constitutional Convention, where an amendment can pass with a two-thirds vote. After an amendment is proposed, it is sent to the states for their consideration. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50).
The difficulty in amending the Constitution is further illustrated by the fact that, in over 230 years, there have only been 27 amendments. This is because amendments are usually only needed to change or clarify something that the Constitution specifically says. The Constitution is a concise document, typically fewer than 20 pages long, and it outlines the structure of the government rather than most of the laws that exist in the United States. Most law changes do not require constitutional amendments.
Additionally, the ideas behind proposed amendments must be of significant impact, affecting all Americans or securing the rights of citizens. For example, some popular proposals among congressional leaders include allowing voluntary school prayer and making English the country's official language. However, not all proposed amendments gain enough support to be ratified. For instance, the ERA Amendment did not pass the necessary majority of state legislatures in the 1980s.
The process of amending the Constitution is intentionally challenging, reflecting the framers' intention for the document to endure over time. While this has resulted in a limited number of amendments, it also ensures that any changes made are carefully considered and broadly supported by the states.
Amendments: Evolution of the US Constitution
You may want to see also
Amendments require two-thirds of both houses of Congress to pass
Amending the US Constitution is a difficult task. In over 230 years, there have only been 27 amendments. This is because the Constitution is a short document, outlining the structure of the government, and most laws do not require changing the Constitution.
Amending the Constitution is a rare and lengthy process. It requires a two-thirds majority vote in both houses of Congress to pass an amendment. This means that two-thirds of the members present in each house must vote in favour of the amendment. Alternatively, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, this has never happened before.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (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 proposed amendment is then submitted to the states for their consideration, and each Governor forwards it to their State legislature or calls for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). Once the required number of states have ratified the amendment, the Director of the Federal Register drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
Who Authors Constitutional Amendments?
You may want to see also
Article V outlines the authority to amend the Constitution
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. This article outlines the process by which the Constitution can be amended, requiring a proposal and ratification process that involves both Congress and the states.
Article V states that "whenever two-thirds of both houses [of Congress] shall deem it necessary," they shall propose amendments to the Constitution. Alternatively, if two-thirds of the state legislatures apply to Congress, a convention for proposing amendments can be called. In either case, for an amendment to become valid and officially part of the Constitution, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states). This can also be achieved through conventions in three-fourths of the states, depending on the mode of ratification proposed by Congress.
The process of amending the Constitution is deliberately made difficult to ensure its longevity. In over 230 years, there have only been 27 amendments. Amendments are typically only needed to change or clarify something specific in the Constitution, which is a relatively concise document, usually fewer than 20 pages in booklet form. Most laws can be changed without amending the Constitution.
The amendment process begins with Congress proposing an amendment in the form of a joint resolution. As the President does not have a constitutional role in this process, the resolution is sent directly to the Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the resolution, and assembles an information package for the states. The Archivist of the United States then submits the proposed amendment to the states' governors for their consideration.
The governors then forward the amendment to their state legislatures or call for a convention, depending on Congress's specifications. Once a state ratifies the amendment, it sends an original or certified copy of the action to the Archivist, who delegates duties to the Director of the Federal Register. The OFR examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the Director acknowledges receipt and maintains custody.
When three-fourths of the states have ratified the amendment, the OFR 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. In recent history, the signing of the certification has become a ceremonial event attended by dignitaries, sometimes including the President.
The Power to Draft Amendments
You may want to see also
Explore related products
The President has no constitutional role in the amendment process
The process of amending the US Constitution is a complex and lengthy one, and it is rare for amendments to be made. In over 230 years, there have only been 27 amendments. This is because the Constitution is a short document, and most laws can be changed without needing to amend it. Amending the Constitution is also deliberately difficult, as the framers intended for it to be a document that would "endure for ages to come".
The President has, however, played an informal, ministerial role in the amendment process on a few occasions. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, and President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment. Additionally, in recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President.
One notable amendment that was ratified is Amendment Twenty-two, which establishes term limits on those elected president, outlining that no person shall be elected to the office of the President more than twice. This amendment was ratified in 1951 after almost four full years of deliberation, and since then, all subsequent presidents have served for no longer than two elected terms.
Freedom of Expression: The Constitution's Ultimate Safeguard
You may want to see also
Amendments are rare, with 27 in over 230 years
Amendments to the US Constitution are rare, with only 27 amendments in over 230 years. This is because the Constitution is a short document, usually only needing changes or clarification to what is specifically stated in the document. Most laws can be changed without altering the Constitution.
The process of amending the Constitution is also intentionally difficult. The framers of the Constitution wrote it "to endure for ages to come", and so made amendments a challenging task. For an amendment to be approved, two-thirds of both houses of Congress must pass the amendment. Alternatively, an amendment can pass with a two-thirds vote at a national convention, but this has never happened.
The process of amending the Constitution is outlined in Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. The original document is then forwarded to NARA's 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, as well as assembling an information package for the States. The Archivist of the United States then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). 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 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 and serves as official notice to the nation that the amendment process has been completed.
Who Can Propose Amendments to Georgia's Constitution?
You may want to see also
Frequently asked questions
The government rarely moves quickly to amend the constitution. In fact, in over 230 years, there have only been 27 amendments. Amendments are usually only needed to change or clarify something that the Constitution specifically says. The Constitution is a short document, fewer than 20 pages long in most booklet versions.
The government proposes an amendment in the form of a joint resolution. Two-thirds of both houses of Congress must pass the amendment for it to be approved. The amendment is then submitted to the states for their consideration. An amendment becomes an operative part of the Constitution when it is ratified by the necessary number of states (38 out of 50).
Article V outlines the procedures for amending the Constitution. It establishes two methods for proposing amendments: Congress proposes an amendment, or two-thirds of state legislatures call for a Constitutional Convention.
Some proposed amendments include outlawing flag burning, crime victims' rights, voluntary school prayer, and making English the country's official language.
![American Government: Roots and Reform, 2020 Presidential Election Edition [RENTAL EDITION]](https://m.media-amazon.com/images/I/51pEJ+D3AZL._AC_UY218_.jpg)
