Omar Bennett
The United States Constitution is widely regarded as one of the most difficult constitutions to amend. The process of amending the Constitution is designed to be challenging, requiring extensive agreement and a lengthy timeline. While the Constitution is open to change, it requires great effort to ensure its enduring nature. The ratification of the Constitution was a product of intense debates and negotiations, leaving unresolved issues around individual rights. The high bar for passing amendments protects the will of the people and acts as a safeguard against partisanship. Despite the challenges, proponents of amendments remain undeterred, with approximately 11,848 measures proposed to amend the Constitution since 1789. However, only 27 amendments have been ratified, indicating the significant obstacles that must be overcome for any proposed changes to succeed.
| Characteristics | Values |
|---|---|
| Difficulty in amending | Ancient and virtually impervious to amendment |
| Number of amendments ratified | 27 out of 11,848 measures proposed |
| Ratification process | 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 |
| Ratification threshold | Three-fourths of states (38 out of 50) |
| Deadline for ratification | Seven years |
| Role of Archivist | Administers the ratification process and certifies that the amendment is valid and has become part of the Constitution |
| Role of OFR | Examines ratification documents for facial legal sufficiency and an authenticating signature |
| Role of President | No constitutional role in the amendment process |
| Hyper-partisanship | Makes it more difficult to amend |
| Protection against partisanship | High bar for passing an amendment acts as "overall armor" |
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What You'll Learn
- The United States Constitution is ancient and virtually impervious to amendment
- Amendments must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
- Amendments must then be ratified by three-fourths of state legislatures
- Amendments rarely override an interpretation of the Constitution by the Supreme Court
- The close political divide in Congress makes it difficult to amend the Constitution
The United States Constitution is ancient and virtually impervious to amendment
The United States Constitution is one of the most difficult constitutions in the world to amend. The document is purposefully designed to be enduring, and its makers wanted to create a firm basis for the exercise of governmental power. The process of amending the Constitution is intentionally challenging, requiring extensive agreement and a lot of time.
Article V of the Constitution outlines the primary paths for amending the document. An amendment must 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 state legislatures. This already sets a high bar for any proposed changes, and the process becomes even more challenging from there.
Once an amendment is proposed, it must go through a rigorous ratification process. The proposed amendment is submitted to the states for ratification and must be approved by three-fourths of them (38 out of 50 states). This means that just 13 states can block ratification. The ratification process is overseen by the Archivist of the United States, who works with the Director of the Federal Register to ensure the amendment's legal sufficiency.
The high bar for passing an amendment is meant to protect "the will of the people" and safeguard against partisanship in Congress. However, it also makes the Constitution extremely difficult to change. In the last half-century, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but none have succeeded. The current dynamics of American constitutional politics suggest that this trend is unlikely to change in the near future.
While the Constitution's rigidity may have been intended to protect democracy, some argue that it has deviated from democratic legitimacy and made it challenging to address the problems facing Americans today. The difficulty of amending the Constitution has led to a drought of amendments, with only 27 amendments ratified out of 33 passed by Congress since 1789. This has resulted in an expectation that the Constitution should change through means other than formal alteration.
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Amendments must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
The United States Constitution is notoriously difficult to amend. In fact, it has been described as "ancient and virtually impervious to amendment". This is largely due to the rigorous process set out by Article V of the Constitution, which outlines the primary paths for amending the document. One of these paths requires amendments to be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Achieving this supermajority in both chambers reflects the founders' intention to make the process of amending the Constitution difficult.
The two-thirds majority requirement ensures that any amendment proposed by Congress has broad bipartisan support. In the current political climate, characterised by hyper-partisanship and a close political divide, achieving this level of consensus can be exceedingly difficult. It requires compromise and negotiation across party lines, which may be challenging when political ideologies and priorities differ significantly.
Once an amendment is proposed by Congress with the required supermajority, it enters the ratification process. This process involves seeking approval from the states, with a high threshold for success. An amendment must be ratified by three-fourths of the state legislatures, equivalent to 38 out of 50 states. This means that a small minority of states, just 13, can block ratification by withholding their approval.
The rigorous process of amending the Constitution, including the two-thirds majority requirement for proposing amendments in Congress, serves as a safeguard against hasty or partisan changes to the nation's foundational document. It ensures that any amendments reflect a broad consensus and are in the best interests of "the will of the people". However, the very rigidity of the Constitution that this process creates may also hinder efforts to address pressing issues and adapt to changing societal needs.
Despite the challenges, proponents of amendments continue to pursue them, recognising the significance of the Constitution as a guiding document for the nation. Since 1789, approximately 11,848 measures have been proposed to amend the Constitution, with only 27 amendments successfully ratified and incorporated into the document. This highlights the enduring nature of the Constitution and the high bar that must be cleared for any proposed changes.
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Amendments must then be ratified by three-fourths of state legislatures
The United States Constitution is considered the world's most difficult constitution to amend. It has been described as "ancient and virtually impervious to amendment", with a 27-in-11,000 chance of successfully amending it. This is because the founders intended the process to be difficult, and the current hyper-partisan political climate further complicates it.
The process of amending the Constitution is outlined in Article V of the Constitution. An amendment can be proposed by a two-thirds vote of both Houses of Congress, or by two-thirds of the states requesting one. Once proposed, the amendment must be ratified by three-fourths of state legislatures or three-fourths of conventions called in each state for ratification. This means that 38 out of 50 states must approve the amendment for it to become part of the Constitution.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Director of the Federal Register examines these 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.
Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed.
The high bar for passing an amendment protects "the will of the people" and acts as "overall armour" against partisanship in Congress. However, some critics argue that the difficulty in amending the Constitution has deep reverberations on democratic outcomes, highlighting the undemocratic features of the Constitution and the impossibility of amendment via Article V.
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Amendments rarely override an interpretation of the Constitution by the Supreme Court
The United States Constitution is an "enduring" document, as described by the “Great Chief Justice” John Marshall. The Constitution is designed to be difficult to amend, requiring a lot of agreement and time. This is evidenced by the fact that out of 11,848 measures proposed to amend the Constitution from 1789 through January 3, 2019, only 27 amendments have been ratified.
The Supreme Court's interpretation of the Constitution is generally considered final, and it plays a critical role in all matters of federal law. When Congress disagrees with the Supreme Court's interpretation of the Constitution, the only direct way to override that interpretation is for two-thirds of both houses of Congress to propose an amendment to the Constitution, which then must be ratified by three-quarters of the states. This process is intentionally challenging, and it is even more difficult in the current political climate, which is characterised by hyper-partisanship at both the federal and state levels.
While Congress cannot directly reverse the Supreme Court's interpretation of the Constitution via statute, it can try to achieve a similar goal through other means. For example, when the Supreme Court ruled that the Equal Protection Clause only prohibits discrimination by government entities and not private entities, Congress used its power to regulate commerce to extend non-discrimination laws to the private sector.
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The close political divide in Congress makes it difficult to amend the Constitution
The United States Constitution is notoriously difficult to amend, and the close political divide in Congress is a significant factor contributing to this difficulty. The Constitution has been described as "ancient and virtually impervious to amendment", with a mere 27 amendments ratified out of 33 passed by Congress and sent to the states as of January 3, 2019.
The process of amending the Constitution is deliberately challenging, requiring extensive agreement and time. For an amendment to be proposed, it must secure a two-thirds majority vote in both the House of Representatives and the Senate, or it can be brought to the states if two-thirds of state legislatures call for a constitutional convention. This already sets a high bar for any proposed changes.
The close political divide in Congress exacerbates the challenge of achieving the required supermajorities. With partisan politics fracturing legislative unity, it becomes increasingly difficult to secure the necessary votes for an amendment to pass. Lawmakers on both sides of the aisle have differing, and often conflicting, views on potential amendments, such as expanding or restricting the Supreme Court or clarifying the rights associated with campaign donations. This political divide makes it harder to find common ground and build the broad consensus needed for constitutional change.
Additionally, even if an amendment manages to pass through Congress, it still faces the hurdle of state ratification. Out of the 11,848 measures proposed to amend the Constitution since 1789, only 27 have been ratified. For ratification, three-fourths of the states must approve, meaning that just 13 states can block the process. This requirement further underscores the difficulty of amending the Constitution, especially when considering the diverse political leanings and interests of the individual states.
The close political divide in Congress, coupled with the rigorous amendment process, makes altering the Constitution a formidable task. While some critics view this rigidity as undemocratic, others defend it as a safeguard against impulsive or drastic changes to the nation's foundational document. Nonetheless, the current dynamics of American constitutional politics suggest that the challenge of amending the Constitution is not likely to diminish in the near future.
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Frequently asked questions
The US Constitution is difficult to alter because it was designed to be an "enduring" document. The Founding Fathers knew that for it to meet the challenges or crises of the future, it would need amendments. However, they also wanted to create a firm basis for the exercise of governmental power, and so they made it difficult to alter.
The authority to amend the US Constitution is derived from Article V of the Constitution. 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. Once an amendment is proposed, it goes to the states for ratification and must be approved by three-fourths of them (38 out of 50 states).
Out of 11,848 measures proposed to amend the Constitution from 1789 through January 3, 2019, only 27 amendments have been ratified. The last ratified amendment was the 27th Amendment in 1992.
The high bar for passing an amendment protects "the will of the people" from partisanship that sways Congress. It also ensures that the Constitution is not altered easily, and remains a document for the ages.
