The Us Constitution: Amendments, An Impossible Dream?

The US Constitution has been amended only 27 times since it was drafted in 1787, with the last amendment taking place in 1992. This is because 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 states. The partisan nature of US politics makes it difficult to achieve the required level of support for an amendment. While there is an alternate mechanism for proposing amendments through a constitutional convention, this has never been done before and is also unlikely to succeed in the current political climate.

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The challenging amendment process

The US Constitution was written to endure, and amending it was always intended to be a challenging process. The Constitution has been amended only 27 times since it was drafted in 1787, and the last amendment took place in 1992. The process is intentionally difficult, requiring either 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 latter option has never been used.

The partisan nature of US politics makes achieving the required majorities challenging. In the current political climate, it is difficult to get both the Democratic and Republican parties to agree on an issue at the national and state levels. The two-thirds majority in Congress is a high bar to clear, and even if an amendment proposal clears this hurdle, it must then be ratified by three-fourths of the states (38 out of 50). This means that any amendment must have broad support across the country.

The process of amending the Constitution is also time-consuming. Even if an amendment proposal has the necessary support in Congress, it must then go through the legislative process in each state, which can take a significant amount of time. The ERA Amendment, for example, failed to pass the necessary majority of state legislatures in the 1980s.

Some have argued that the amendment process is too difficult and that this prevents necessary changes from being made to the Constitution. Others believe that the difficulty of the process is intentional and appropriate, ensuring that the Constitution remains a stable and enduring document.

Despite the challenges, there have been recent efforts to amend the Constitution. Supporters of congressional term limits and a balanced budget amendment, for example, have advocated for changes without success. Other proposed amendments have included outlawing flag burning, establishing crime victims' rights, and allowing voluntary school prayer. However, none of these proposals have gained enough support to become amendments.

The rarity of amendments

The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The framers of the Constitution intentionally made it difficult to amend the document to ensure its longevity. As a result, the amendment process is time-consuming and challenging. A proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by the legislatures of three-fourths of the states. This high threshold for approval requires bipartisan support, which is increasingly difficult to attain in a partisan political environment.

The last successful amendment, the 27th Amendment, was ratified in 1992, but it had been in the works since 1792. The lengthy time frame underscores the rarity of amendments. The increasing polarization of American politics further contributes to the challenge of achieving the necessary consensus for amendments. As the country becomes more divided along partisan lines, cooperation and agreement between the Democratic and Republican parties at the national and state levels become less likely.

Another factor contributing to the rarity of amendments is the nature of the Constitution itself. The Constitution is designed to address broad principles and rights rather than specific policies. Most legislative changes are made through laws and policies at the federal and state levels, which do not require amending the Constitution. The Constitution's focus on overarching principles means that only significant issues affecting all Americans or securing citizens' rights are typically considered for constitutional amendments.

While there have been numerous proposals for amendments, the stringent requirements and the challenging political landscape make it exceptionally difficult to enact them. The process is deliberately designed to be arduous, reflecting the framers' intention for the Constitution to "endure for ages to come." The rarity of amendments underscores the significance of each successful amendment and highlights the enduring nature of the US Constitution.

Despite the challenges, there are alternative mechanisms for initiating amendments. One option is a constitutional convention called for by two-thirds of the state legislatures. However, this method has never been successfully employed, and it is unlikely that two-thirds of the states would agree on an issue in the current political climate. The difficulty of amending the Constitution, while intended to ensure stability and durability, has resulted in its infrequent modification, contributing to its enduring nature as the foundation of American governance.

The role of Congress

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the document a challenging task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.

Congress can also play a role in calling for a Constitutional Convention, although this has never occurred. Two-thirds of state legislatures would need to request Congress to call such a convention. This option reflects the understanding that the power to initiate amendments ultimately rests with the states, as representatives of the people.

After an amendment is proposed, either by Congress or through a Constitutional Convention, it is submitted to the states for ratification. When three-fourths of the states (38 out of 50) ratify the amendment, it becomes part of the Constitution. The Office of the Federal Register (OFR) plays a crucial role in this process, reviewing ratification documents and drafting a formal proclamation for the Archivist of the United States to certify the amendment's validity.

While Congress has the power to initiate the amendment process, the execution and finalisation of amendments depend on the collaboration of various state-level entities and officials, including state legislatures, governors, and the Archivist of the United States, who administers the ratification process. This multi-layered process ensures that any changes to the Constitution reflect the will of the people and are in the nation's best interests.

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The role of the Archivist

The process of amending the US Constitution is a difficult and time-consuming task. 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. The US Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.

The US Archivist is the chief administrator of the NARA and is responsible for the supervision and direction of the National Archives. The Archivist has many duties, including managing the constitutional amending process and preserving government records, such as the original Declaration of Independence, Constitution, and Bill of Rights, and making them available to the public.

In the case of a proposed amendment, the Archivist works with the Office of the Federal Register to administer the ratification process. Once a proposed amendment has been ratified by three-fourths of the states, 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 then 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 Archivist also has duties concerning the custody of Electoral College documents in US presidential elections, such as certificates of ascertainment and certificates of vote produced by the electors of each state. These administrative responsibilities are typically delegated to the Director of the Federal Register.

The US Archivist plays a crucial role in the amendment process by ensuring the integrity and accuracy of the ratification process and providing official certification and notice of a successful amendment. This role contributes to the transparency and accountability of the constitutional amendment process in the United States.

The need for amendments

The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it very difficult to amend. Amending the Constitution requires 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. Additionally, three-fourths of the states must ratify the amendment for it to become part of the Constitution. This process is intentionally challenging and time-consuming, requiring bipartisan support for any amendment.

The Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments, known as the Bill of Rights, adopted in 1791. The difficulty of the amendment process was evident when supporters of congressional term limits and a balanced budget amendment were unable to get the new amendments they desired. The relatively simple nature of the Constitution and its reliance on legislation and states to create laws mean that most issues are not constitutional matters requiring amendment.

However, some argue that the Constitution is treated too rigidly, like a religious text rather than a working doctrine. While it ought to be challenging to amend the Constitution, some believe it is currently too difficult, with Supreme Court Justice Antonin Scalia stating that fewer than 2% of the population could prevent the enactment of a constitutional amendment. The increasing partisanship in US politics also contributes to the difficulty of amending the Constitution, as it becomes harder for the parties to work together.

Despite the challenges, there have been recent proposals for amendments, such as outlawing flag burning and establishing crime victims' rights. Additionally, the idea of a new Constitutional Convention has gained some support, although one has never been held. While it is challenging to predict if and when another amendment will occur, the need for amendments arises when significant issues affecting all Americans or securing citizens' rights must be addressed within the Constitution.

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