Notes on Amendment Process in the Constitution

• An amendment is a change or addition to the Constitution.

• The Framers detailed an amendment process in Article V of the Constitution.

• The amendment process provides citizens with avenues to change the Constitution.

• The amendment process requires approval from two-thirds of both the House of Representatives and the Senate or a convention called for by two-thirds of state legislatures.

• Once approved, the amendment must be ratified by three-fourths of state legislatures or conventions.

• The amendment process ensures that the Constitution remains a living document that can adapt to changing times and needs.

  Why do we need an amendment process?

  • The Constitution of the United States was ratified in 1789, making it 229 years old, the oldest constitution in the modern world.

  • Critics argue that the Framers of the Constitution could not have foreseen the changes the United States would experience due to modern warfare, alliances, and technology.

  • The Framers added a process for amending, or changing, the Constitution in Article V.

  • Since 1789, the United States has added 27 amendments to the Constitution.

  • An amendment is a change to the Constitution.

  • The first ten amendments to the Constitution became known as the Bill of Rights.

  • The Bill of Rights was designed to protect individual rights and liberties, like the right to free speech and the right to trial by jury.

  • Citizens can add changes to the Constitution through the amendment process.

• Updating the Constitution through the amendment process is the solution proposed by the Framers to address new issues faced by the United States.

  Article V

  • Article V of the US Constitution outlines the process for amending the Constitution.

  • The amendment process was designed to be difficult, requiring three-fourths of states to ratify every amendment.

  • There are two methods for proposing amendments: congressional proposal and convention method.

  • In the congressional proposal method, two-thirds of both chambers of Congress must propose an amendment.

  • The proposed amendment must then be ratified by three-fourths of state conventions or state legislatures, as chosen by Congress.

  Here are some key points about the amendment process outlined in Article V of the US Constitution:

  • The process was designed to be difficult, requiring three-fourths of states to ratify every amendment.

  • There are two methods for proposing amendments: congressional proposal and convention method.

  • Congress has proposed all 27 amendments to the Constitution of the United States.

  • In the congressional proposal method, two-thirds of both chambers of Congress must propose an amendment.

  • In the state convention method, two-thirds of states ask Congress to organize a convention. The amendment is proposed at this meeting.

    Challenges to the amendment process

    • Over 11,000 amendments proposed, only 27 ratified

    • Three-fourths of state conventions or state legislatures must support an amendment

    • Example: Equal Rights Amendment fell three states short of ratification

    • Two-thirds of Congress must propose an amendment

    • Cooperation between parties necessary, difficult with differing ideological goals

    • Amendments continue to be proposed, including balanced budget, term limits, and marriage definitions

Article 6

• Article VI of the US Constitution clarifies that no state or individual can come to a legal agreement that contradicts the privileges and laws laid out within the Constitution.

• The Constitution established freedom of religion.

• Article VI has three sections: Section 1 deals with the burden of debt, Section 2 contains the Supremacy Clause, and Section 3 sets provisions for religious freedom within the federal government.

• The Supremacy Clause deems the Constitution the Supreme Law of the Land, and state laws cannot contradict it or other federal laws subject to the jurisdiction of the Supreme Court.

• The No Religious Test Clause states that while taking an oath to abide by the Constitution is required to work in the government, no one should have to take any religious test to be admitted into the government.

• The Constitution is a strong foundation, unyielding to new philosophies and special circumstances, and is as relevant today as when it was first written.

Article 7

Key Information for Article VII of the United States Constitution:

• Establishes the threshold for the Constitution's adoption

• Only 9 out of 13 states' ratification was necessary for the Constitution to be valid

• Aimed to unite the states under one government

• Addressed concerns about the Constitution's adoption

• Created because the Articles of Confederation were ineffective and insufficient

• • Under the Articles of Confederation, states had more power than the central government

  • Central government couldn't raise taxes or regulate commerce effectively

  • This led to financial instability and trade disputes among states

  • Failure of Articles highlighted need for stronger central government

  • Delegates recognized need for central government to provide for defense, welfare, and liberty

  • Article 7 critical for ratification of Constitution

  • Without it, US might have remained a loose confederation of states.