Simone Lawson
The United States Constitution has been amended only 27 times since it was drafted in 1787, indicating that the amendment process is challenging and time-consuming. Article V of the Constitution grants the authority to amend it, and amendments 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. To become part of the Constitution, an amendment must be ratified by three-fourths of the states or by ratifying conventions in three-fourths of the states. This process ensures that amendments have a significant impact on all Americans or protect the rights of citizens.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Two-thirds of the State legislatures can call for a constitutional convention | |
| Who is responsible for administering the ratification process | Archivist of the United States |
| When does an amendment become part of the Constitution | When ratified by three-fourths of the States (38 out of 50 States) |
| Difficulty of amending the Constitution | Amending the Constitution is a difficult task by design |
| Number of amendments since the Constitution was drafted in 1787 | 27 |
| Impact of an amendment | The amendment must have a major impact on all Americans or secure the rights of citizens |
| Criticisms of the amendment process | Too strict, biased in favor of the federal government, and does not allow amendments that limit the national government |
| Support for the amendment process | The strict amendment process has allowed for significant constitutional amendments, including the Bill of Rights, Amendments concerning income tax, direct election of senators, two-term presidency, and the right to vote for women and 18-year-olds |
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What You'll Learn
- The authority to amend the Constitution is derived from Article V
- Amendments can be proposed by Congress or a constitutional convention
- The process of amending the Constitution is intentionally difficult
- The role of the Supreme Court in intervening before a consensus can emerge
- The Constitution has been amended 27 times since 1787
The authority to amend the Constitution is derived from Article V
The Constitution of the United States is a powerful document, and its framers made it difficult to amend, ensuring its longevity. The Constitution has been amended only 27 times since 1787, including the first 10 amendments, which were adopted as the Bill of Rights. Amending the Constitution is a complex process, and the authority to do so is derived from Article V of the Constitution.
Article V outlines the procedures for amending the Constitution. It states that whenever two-thirds of both houses of Congress deem it necessary, they may propose amendments. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In either case, the amendment must be ratified by three-fourths of the states, either through their legislatures or conventions, as determined by Congress.
The process begins with Congress proposing an amendment in the form of a joint resolution. This resolution is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then sends an information package to the states, including formal copies of the resolution and the statutory procedure for ratification.
Once the required number of states have ratified the amendment (38 out of 50), the OFR drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register, serving as official notice to Congress and the nation that the amendment process is complete.
While Article V establishes the primary procedures for amending the Constitution, some argue that it may not be the exclusive method. Akhil Reed Amar, for example, suggests that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.
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Amendments can be proposed by Congress or a constitutional convention
The Constitution of the United States is a powerful document, and its framers made it difficult to amend, ensuring its longevity. Amendments are proposed by Congress or a constitutional convention, with the former being the only method used so far.
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 forwarded to the National Archives and Records Administration (NARA) for processing and publication.
A constitutional convention, on the other hand, has never been used to propose an amendment. It can be called for by two-thirds of the state legislatures, and while it has its backers, it has never been utilised. A retired federal judge, Malcolm R. Wilkey, supported the idea of a new convention, arguing that the Constitution had been corrupted by a system that led to gridlock and excessive influence by interest groups.
The process of amending the Constitution is strict, requiring approval from two-thirds of both Houses of Congress and three-quarters of the states. This has led to criticism that it is too difficult to enact amendments and that it is biased in favour of the federal government, not allowing changes that would limit its power. However, this strict process has also ensured that significant amendments are made, such as the Bill of Rights, and amendments concerning income tax, the direct election of senators, the two-term presidency, and the right to vote for women and 18-year-olds.
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The process of amending the Constitution is intentionally difficult
Article V of the Constitution outlines the procedures for amending the document. 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 called for by two-thirds of the state legislatures. However, to date, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
Following this, the governors formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. Once a proposed amendment is ratified by three-quarters of the states (38 out of 50), it becomes part of the Constitution. The Office of the Federal Register (OFR) examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them until an amendment is adopted or fails. Once an amendment is adopted, the OFR drafts a formal proclamation for the Archivist of the United States 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 has been completed.
While some critics argue that the amendment process is too strict and biased in favor of the federal government, others defend it as necessary to ensure the longevity and stability of the Constitution. The strict amendment process has allowed for significant constitutional amendments, including the Bill of Rights, amendments concerning income tax, the direct election of senators, the two-term presidency, and the right to vote for women and 18-year-olds.
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The role of the Supreme Court in intervening before a consensus can emerge
The Supreme Court is the highest court in the United States, with the power of judicial review. This means that it can declare a Legislative or Executive act in violation of the Constitution. The Court's power of judicial review is essential to ensuring that each branch of the government recognizes its own power limits.
The Supreme Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. The Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
The Constitution can be amended either by 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. The process of amending the Constitution is deliberately difficult, requiring approval by two-thirds of both Houses of Congress and three-quarters of the states.
Critics of originalism argue that the amendment process is too strict and that the Supreme Court should engage in non-originalist judicial interpretation to allow for modern circumstances and values to be incorporated into the Constitution. However, others argue that the strict process is necessary to prevent constitutional provisions that are strongly opposed by a substantial minority of the country from being enacted, which would undermine the nation's allegiance toward the Constitution.
The Supreme Court has been known to intervene in the amendment process before a consensus can emerge. If the Supreme Court believes it can "fix" the Constitution whenever a significant portion of the country believes it should be changed, it will intervene before the amendment process has had a chance to operate. As a result, no amendment will be enacted since the Court has already made a change. For example, during the New Deal, the Roosevelt Administration attempted to pack the Supreme Court instead of passing constitutional amendments to give the federal government more regulatory power. Roosevelt eventually placed eight of the nine Justices on the Court and secured a radical change in constitutional doctrine.
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The Constitution has been amended 27 times since 1787
The Constitution of the United States has been amended 27 times since 1787, with the first 10 amendments, known as the Bill of Rights, being adopted in 1791. 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 constitutional convention called for by two-thirds of the state legislatures.
The authority to amend the Constitution comes from Article V of the Constitution itself. The process begins with a proposal from Congress in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The amendment process is time-consuming and rarely successful. Of the approximately 11,848 proposals introduced in Congress since 1789, only 33 amendments have been proposed by Congress and sent to the states for ratification. Six of these amendments have not been ratified by the required number of states and remain pending or have failed.
The amendments to the Constitution have covered a range of topics, including women's suffrage, prohibition, poll taxes, and voting age. Some recent proposals include outlawing flag burning, crime victims' rights, voluntary school prayer, and making English the official language. While some critics argue that recent efforts to amend the Constitution are excessive, others counter that political fixes do not belong in the Constitution.
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Frequently asked questions
The Constitution is allowed to be amended to ensure it lasts and adapts to the changing needs of the country. Amendments are made to secure the rights of citizens and to address issues of national importance.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the State legislatures can call for a constitutional convention to propose amendments. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States).
The amendment process involves Congress, the State legislatures or governors, the Archivist of the United States, the Director of the Federal Register, and the President. The Archivist and the Director handle the administrative duties, while the President may attend the signing of the certification as a ceremonial function.
Since it was drafted in 1787, the Constitution has been amended 27 times, including the first 10 amendments, known as the Bill of Rights, which were adopted in 1791. Amendments have been made in waves, with significant gaps between some additions.
Some critics argue that the amendment process is too strict and biased in favor of the federal government. It is difficult to secure approval from both Houses of Congress and three-quarters of the States. Additionally, the Supreme Court's intervention before a consensus can develop has been criticized for impeding the amendment process.
