Eleanor Finch
The US Constitution is the foundation of American law and government, and while it is not unchangeable, amending it is a long and difficult process. Since 1789, over 11,000 amendments have been proposed, but only 27 have been ratified and officially approved. The Founding Fathers, who wrote the Constitution in 1787, created a challenging process to prevent impulsive decisions that could weaken the country's legal structure. This process requires a lot of agreement and time, with amendments needing to be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. The evolution of federalism, with the increase from 13 to 50 states, has also made it substantially more difficult to secure the required agreement of 38 out of 50 states. The high degree of partisan division further exacerbates the challenge, as a successful amendment demands supermajority agreement across legislatures that are often divided by competing interests.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 11,000+ |
| Number of amendments passed | 27 |
| Number of amendments passed that override an interpretation of the Constitution by the Supreme Court | 2 |
| Average number of years to amend the Constitution to override Supreme Court interpretations | 112 |
| Number of states required to ratify an amendment | 38 |
| Percentage of the population that could prevent an amendment | <2% |
| Number of amendments passed since the Bill of Rights | 17 |
| Number of amendments in the Bill of Rights | 10 |
| Number of amendments passed this century | N/A |
| Time taken to amend the Constitution | A long time |
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What You'll Learn
- The US 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 require supermajority agreement across legislatures, which is difficult when legislatures are not ordinarily represented by a single political party
- The US Constitution has only been amended 27 times since 1787, despite nearly 11,000 proposals
- Amendments are designed to be enduring and embedded in the lasting fabric of the system of governance
The US Constitution is ancient and virtually impervious to amendment
The US Constitution, drafted in 1787 and ratified in 1789, is one of the oldest such documents still in use. It has been amended only 27 times since its creation, despite the thousands of amendments proposed. The Constitution's endurance is due in part to its authors' intention to create a document that would stand the test of time. James Madison, for instance, warned against making the Constitution too mutable, arguing that it should be guarded against "extreme facility".
The process of amending the Constitution is intentionally difficult, requiring a lot of agreement and time. A proposed amendment must be passed by a two-thirds supermajority in both the House and the Senate, and then ratified by three-quarters of state legislatures. This already challenging process is made even more difficult by partisan divisions, which have increased as the number of states has grown from 13 to 50.
The evolution of federalism is another factor in the constructive unamendability of the Constitution. The proliferation of states has increased the difficulty of securing the necessary agreement. Additionally, the configuration of congressional power, the consolidation and disintegration of legislative majorities, and the evolution of constitutional norms and political practices all play a role in the difficulty of amending the Constitution.
The hard-wired components of the Constitution are permanent fixtures, at least for the foreseeable future. While some may view this rigidity as a cause for alarm, others argue that it is necessary to prevent the document from becoming too mutable. However, the difficulty of amending the Constitution has led to concerns about its undemocratic nature, with some suggesting that a constitutional convention may be necessary to address this issue.
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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 US Constitution is notoriously difficult to amend. Of the nearly 11,000 amendments proposed since 1789, only 27 have been ratified. This is due to the stringent requirements set out in Article V, which governs the amendment process. One of these requirements is that amendments must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
This requirement reflects the Framers' intention to make the Constitution an "enduring" document that could be revised to suit future times and events, but not without great effort. James Madison, for instance, warned against making the Constitution too easy to alter, stating that it was important to guard "against that extreme facility which would render the Constitution too mutable."
The two-thirds majority vote requirement in both chambers of Congress makes it challenging to secure approval for proposed amendments. This is especially true in a highly partisan political environment, where legislatures are often divided and represented by different political parties. The higher the partisan division, the more difficult it becomes to achieve the required supermajority agreement.
Furthermore, the proliferation of states from thirteen at the time of the Constitution's ratification to fifty today has significantly increased the difficulty of amending the Constitution. Obtaining the agreement of thirty-eight out of fifty states is a much harder task than securing the approval of ten out of thirteen states in 1789.
The two-thirds majority vote requirement in Congress is just the first step in the amendment process. If a proposed amendment passes this hurdle, it then goes to the states for ratification and must be approved by three-fourths of them. This additional requirement further underscores why amending the US Constitution is often described as a challenging and time-consuming endeavour.
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Amendments require supermajority agreement across legislatures, which is difficult when legislatures are not ordinarily represented by a single political party
The US Constitution is notoriously difficult to amend, and this is largely by design. When it was ratified in 1789, the US Constitution not only instituted a government by the people but also provided a way for the people to alter the Constitution itself. However, the amendment process was intended to be challenging and time-consuming, requiring a great deal of agreement. James Madison, for instance, warned against making the process too easy, as it would render the Constitution "too mutable".
One of the key reasons why amendments are so difficult to pass is the requirement for supermajority agreement across legislatures. An amendment must be approved by a two-thirds majority in both the House and the Senate, and then it must be ratified by three-fourths of the states. This already challenging feat is made even more difficult by the fact that legislatures are typically not represented by a single political party. Partisan divisions create significant obstacles to coordinating decision-making across levels of government.
The dynamic nature of constitutional politics further complicates the process of amending the Constitution. The configuration of congressional power, the evolution of constitutional norms, and the consolidation or disintegration of legislative majorities within and across states all influence the feasibility of passing amendments. The higher the partisan division, the more challenging it becomes to secure the necessary supermajority agreement.
The proliferation of states has also increased the difficulty of amending the Constitution. Obtaining the approval of thirty-eight out of fifty states is substantially more challenging than it was two centuries ago when only ten out of thirteen states were required to ratify an amendment. This mathematical reality underscores the growing challenge of achieving the necessary supermajority agreement.
The enduring nature of the Constitution and its amendments is further emphasized by the fact that only 27 amendments have been ratified out of nearly 11,000 proposals since its drafting in 1787. While some proposals have successfully embedded significant issues like free speech and voting rights into the lasting fabric of US governance, the overall low rate of amendment adoption highlights the challenging nature of the process.
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The US Constitution has only been amended 27 times since 1787, despite nearly 11,000 proposals
The US Constitution has been amended only 27 times since 1787, despite nearly 11,000 proposals. This is because the amendment process is deliberately designed to be difficult and time-consuming. James Madison warned against making constitutional changes too easy, stating that it was important to guard "against that extreme facility which would render the Constitution too mutable". The challenge of amending the Constitution lies in the requirement for a high degree of agreement and the need to secure a supermajority across different legislatures.
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. Achieving consensus in a highly partisan environment, where legislatures are often represented by different political parties, is a significant hurdle. The proliferation of states has also increased the difficulty of amendment, as it is much harder to secure the agreement of 38 out of 50 states compared to the original 10 out of 13 states.
The evolution of federalism and the changing dynamics of constitutional politics have further contributed to the challenge of amending the Constitution. The configuration of congressional power, the consolidation and disintegration of legislative majorities, and the evolution of constitutional norms all play a role in the complexity of the amendment process. Additionally, amendments often address significant national issues or events, aiming for permanence and clarity beyond ordinary laws and Supreme Court rulings.
While the US Constitution has been praised for its endurance and ability to withstand the test of time, some critics argue that its rigidity is a cause for concern. The hard-wired rules within the Constitution are considered "undemocratic" and effectively unchangeable in the current political climate. The high threshold for amending the Constitution has led to concerns about its responsiveness to the challenges and crises of modern times.
Despite the challenges, the amendment process has been successful on 27 occasions. Notable amendments include the Bill of Rights, the 11th Amendment overriding a Supreme Court decision, the 16th Amendment authorising federal income tax, the 19th Amendment granting women the right to vote, and the 26th Amendment lowering the voting age to 18. These amendments demonstrate that while changing the Constitution is difficult, it is not impossible when there is sufficient consensus and support.
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Amendments are designed to be enduring and embedded in the lasting fabric of the system of governance
The US Constitution is notoriously difficult to amend. Of the nearly 11,000 amendments proposed in the centuries since its ratification in 1789, only 27 have succeeded as of 2016. The reasons for this enduring nature of the Constitution are varied and complex. Firstly, the Constitution's designers intended it to be challenging to alter. James Madison, for instance, warned against making constitutional changes too easy, stating that it was important to guard against "that extreme facility which would render the Constitution too mutable". The framers of the Constitution wanted it to be an enduring document that could meet future challenges and crises, but not so mutable that it became temporary law.
The Constitution's enduring nature is further reinforced by the amendment process outlined in Article V. This process requires a proposed amendment to be passed by a two-thirds supermajority in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Achieving such a supermajority is challenging, especially given the close political divide in Congress and the proliferation of states from 13 to 50 since the Constitution came into force. The more states there are, the harder it is to secure the required three-quarters majority for ratification.
Partisan divisions also complicate efforts to amend the Constitution. The higher the partisan division, the more difficult it becomes to achieve the necessary supermajority agreement, as legislatures are often represented by different political parties with competing interests. Furthermore, the configuration of congressional power, the consolidation and disintegration of legislative majorities within and across states, and the evolution of constitutional norms and political practices all influence the difficulty of amending the Constitution.
The enduring nature of the Constitution has led to concerns about its rigidity and unresponsiveness to changing times. Some critics argue that the Constitution has become outdated and resistant to renovation, particularly regarding elections and Supreme Court interpretations. However, amendments are designed to be embedded in the lasting fabric of the system of governance, providing permanence and clarity beyond ordinary laws and court rulings. As such, they are reserved for significant issues that affect all Americans or secure the rights of citizens, such as the 25th Amendment, which established the line of succession to the presidency.
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Frequently asked questions
The US Constitution was written to endure for ages to come and the framers made it difficult to amend on purpose. It was designed to be hard, but not impossible to amend.
Very. In over 230 years, there have only been 27 amendments. For an amendment to be approved, two-thirds of both houses of Congress must pass it, and then three-quarters of state legislatures must ratify it.
Most of the time, changing a law does not require changing the Constitution. An idea that is popular enough to amend the Constitution can probably be covered by a regular law.
The degree of difficulty in amending the Constitution is variable across time. Political circumstances may evolve to make it easier or harder to amend.
