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The Amendment Process

There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used. The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).

The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.

Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority. The Constitution, then, spells out four paths for an amendment:

  • Proposal by convention of states, ratification by state conventions (never used)
  • Proposal by convention of states, ratification by state legislatures (never used)
  • Proposal by Congress, ratification by state conventions (used once)
  • Proposal by Congress, ratification by state legislatures (used all other times)

It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, nor a ratification. This point is clear in Article 5, and was reaffirmed by the Supreme Court in Hollingsworth v Virginia (3 USC 378 [1798]): The negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution.

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10y ago

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Related Questions

What is the what is the process for amending the Constitution?

There are two ways to propose and ratify amendments to the Constitution. To propose amendments two thirds of both houses of congress can vote to propose an amendment, and two thirds of the state legislatures can ask congress to call a national convention to propose amendments.


Can the Congress propose new amendments to the Constitution?

Yes


Are all formal constitutional amendments must be proposed by congress true or false?

False. A convention, called for by at least 2/3 (34) of the states, can propose amendments to the U.S. Constitution, which must then, as with the Congress, be ratified by 75% (38) of the states.


Why do we have amendments to your constitution?

An amendment is a formal way to change the constitution.


Who proposes amendments to the Missouri Constitution?

The everyday citizens of Missouri propose the amendments by appealing to their representatives of congress.


What majority of both houses is necessary to propose amendments to the constitution?

two thirds


What is the formal role of the judicial branch in amending the Constitution?

it has no formal role in the process (apex)


What results in change to the written word of the constitution?

formal amendments


What must be added to change the constitution?

The US Constitution is changed by adding amendments, as explained in article V of the Constitution.


How many amendments have have been formally added to the constitution?

There are a total of 27 amendments- one of which removed an earlier amendment.


Blank of congress must propose blank of states must ratify How many amendments have been added to the constitution blank?

17 amendments has been added to the constitution blank.


How many formal ammednets do we have today?

There are 27 amendments. All the amendments are neither formal or informal. If an amendment has not gone through the process laid out in the constitution it is not an amendment.