Simone Lawson
The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified in 1791 and are known as the Bill of Rights. The process of amending the Constitution is intentionally difficult. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. This two-step process ensures stability and permanence in the country's supreme law. The Constitution's main provisions include seven articles that define the basic framework of the federal government, and amendments are reserved for ideas of major impact affecting all Americans or securing the rights of citizens.
| Characteristics | Values |
|---|---|
| Difficulty in the amendment process | The process is time-consuming and cumbersome, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures. |
| Stability | The Framers intended for the amendment process to be difficult to create stability in the country. |
| Significance of amendments | Amendments are meant to have a major impact on all Americans or secure citizens' rights. |
| Number of amendments | There have been 27 amendments since 1787, with the first 10 being the Bill of Rights. |
| Political partisanship | The current political climate is highly partisan, making it challenging to reach the required majorities. |
| Nature of the Constitution | The Constitution is treated as a sacred text, and some believe it should not be altered frequently. |
| Simplicity and clarity | Keeping the Constitution simple makes it easier to integrate other legislation based on it. |
| Proposed amendments | There are hundreds, if not thousands, of proposed amendments that never became law. |
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What You'll Learn
The amendment process is long and challenging
The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified in 1791 and form the Bill of Rights. The small number of amendments is due in part to the lengthy and challenging amendment process.
Firstly, a proposed amendment must be passed by two-thirds of both houses of Congress. This is already a high bar to clear, but even if this is achieved, the amendment then needs to be ratified by three-fourths of state legislatures. This is a further significant hurdle. The ERA Amendment, for example, failed to pass the necessary majority of state legislatures in the 1980s.
There is another option to start the amendment process: two-thirds of state legislatures could ask Congress to call a Constitutional Convention. However, this has never happened. A retired federal judge, Malcolm R. Wilkey, called for a new convention a few years ago, arguing that:
> "The Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected."
The framers of the Constitution wanted the amendment process to be difficult, believing that this would help create stability in the United States. As a result, amendments are usually permanent. Once an amendment is ratified, it becomes part of the Constitution, which is the supreme law of the land. It cannot be changed except by another amendment, making the amendment process the most difficult and permanent way of changing laws in the US.
The high bar for amendments has led to criticism that the Constitution is treated like a religious text. Supreme Court Justice Antonin Scalia commented that fewer than 2% of the population could prevent the enactment of a constitutional amendment, concluding that "it ought to be hard, but not that hard".
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Amendments are usually permanent
The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified in 1791 and are known as the Bill of Rights. The small number of amendments is due to the fact that the process of amending the Constitution is intentionally made difficult. The Framers, the men who wrote the Constitution, wanted the amendment process to be challenging to create stability in the United States.
The process of amending the Constitution is as follows: a proposed amendment must be passed by two-thirds of both houses of Congress, and then it must be ratified by the legislatures of three-fourths of the states. Alternatively, two-thirds of the state legislatures could request that Congress convene a Constitutional Convention. However, this has never happened.
The difficulty of the amendment process ensures that amendments are usually permanent. Once an amendment is ratified, it becomes part of the Constitution, which is the supreme law of the land. This means that it cannot be changed except by another amendment. As a result, the bar for amending the Constitution is set very high, and only significant changes that affect all Americans or secure the rights of citizens are considered worthy of amendment.
The permanence of amendments is further ensured by the fact that the Constitution is treated as a sacred text. According to Supreme Court Justice Antonin Scalia, fewer than 2% of the population could prevent the enactment of a constitutional amendment, making the process "too difficult". This difficulty in amending the Constitution is seen as a feature rather than a bug by some, as it ensures that the Constitution remains simple and clear, making it easier to integrate other legislation based on it.
However, the high bar for amending the Constitution has led to criticism that it is too difficult to make necessary changes. Some have argued that the current political climate, with its strong partisan divisions, further hinders the possibility of amendments. Despite these challenges, activists have pushed for constitutional amendments throughout US history as a way to create lasting change. There have been hundreds, if not thousands, of proposed amendments that never became law.
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Amendments require broad consensus
The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified in 1791 as the Bill of Rights. The small number of amendments is due to the fact that the amendment process is deliberately difficult and time-consuming.
Amending the US Constitution requires broad consensus. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states. This means that even if two-thirds of Congress agree on a policy idea, they may not be able to agree publicly due to the current partisan nature of US politics.
The framers of the Constitution intended the amendment process to be challenging to help create stability in the country. As a result, amendments are usually permanent. Once an amendment is ratified, it becomes part of the Constitution, which is the supreme law of the land. Changing the Constitution requires another amendment, making it the most difficult and permanent way of altering laws in the US.
The difficulty of the amendment process has been criticised by some, including Supreme Court Justice Antonin Scalia, who said that "fewer than 2 percent of the population could prevent enactment of a constitutional amendment". However, others argue that the Constitution should not be amended too frequently, and that political fixes do not necessarily belong in the document.
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The US Constitution is treated like a religious text
Secondly, the US Constitution is difficult to amend, with a process that some argue is too challenging. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of state legislatures. This is a deliberately difficult process to discourage adding too much to the Constitution, which could make laws based on it challenging to follow. Keeping it simple and clear makes it easier to integrate other legislation based on it. However, some critics argue that the process is too difficult, with Supreme Court Justice Antonin Scalia stating that fewer than 2% of the population could prevent a constitutional amendment, which is "too hard".
Thirdly, the US Constitution has been treated with religious reverence since its inception. When the Constitution was first submitted to the American public, many complained that it had slighted God by not recognising "his mercies". Benjamin Franklin gave a famous speech asking that the Convention begin each day's session with prayers. The founding fathers also included religious references in the document, such as referring to the year the Convention created the document as "the Year of our Lord one thousand seven hundred and Eighty-seven".
Finally, the US Constitution has only been amended 27 times since it was drafted in 1787, with the first ten amendments being adopted four years later as the Bill of Rights. The Constitution was written "to endure for ages to come", and the framers made amending the document a challenging task to ensure its longevity. As a result, the US Constitution has become a revered document, with any changes carefully considered and rarely implemented.
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Amendments are reserved for significant changes
The US Constitution has been amended only 27 times since it was drafted in 1787. The framers of the Constitution intended for the amendment process to be difficult. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". The challenging process of amending the Constitution ensures that amendments are reserved for significant changes.
The process of amending the Constitution is long and arduous. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states. Alternatively, two-thirds of state legislatures can request that Congress convene a Constitutional Convention to initiate the amendment process. However, this has never occurred. The high bar for amending the Constitution is intended to create stability in the country and ensure that any changes are carefully considered and widely supported.
The difficulty of amending the Constitution has led to criticism, with some arguing that the process is too onerous and impedes necessary changes. For example, retired federal judge Malcolm R. Wilkey has called for a new Constitutional Convention, stating that "the Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected".
Despite the challenges, there have been notable instances where amendments have been successfully ratified, such as the Bill of Rights, which comprises the first ten amendments ratified in 1791. Amendments are meant to bring about major impact, affecting all Americans or securing the rights of citizens. As a result, amendments are typically reserved for significant changes that enjoy broad consensus across political divides.
The high threshold for amending the Constitution ensures that any changes are thoroughly vetted and reflect the values and needs of a large majority of Americans. While this process may be slow and cumbersome, it aligns with the framers' intention to create a stable and enduring framework for the nation.
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Frequently asked questions
The US Constitution has been amended only 27 times since it was drafted in 1787. The framers of the Constitution intended for the document to "endure for ages to come" and made it difficult to amend to ensure its longevity.
To amend the US Constitution, two-thirds of both houses of Congress must pass a proposed amendment, after which three-fourths of state legislatures must ratify it.
The framers of the Constitution believed that a long and complicated amendment process would help create stability in the United States. They wanted to prevent amendments from being enacted too easily, which could make laws based on the Constitution challenging to follow.
Members of the House and Senate propose around 150 amendments during each two-year term of Congress. However, most of these amendments never make it out of Congressional committees, and only a fraction receive enough support to enter the constitutional ratification process.
