Constitutional Amendments: Process, Power, and Pervasiveness

Introduction to Amendments and Article V

• Amendments represent changes to the United States Constitution.
• Unit three of the course will delve into civil rights and civil liberties, primarily focusing on the first $10$ amendments, known collectively as the Bill of Rights.
• The process for amending the Constitution is stipulated in Article V of the Constitution.
• The U.S. Constitution comprises a Preamble (outlining six national goals), seven Articles, and currently $27$ amendments.
• The first three Articles establish the three branches of the federal government (Legislative, Executive, Judicial).
• Article VII specifies the number of states required to ratify the original Constitution ($9$ out of $13$ states).

The Amendment Process: Proposal

• The Constitution outlines two methods for proposing amendments, both requiring a supermajority vote.
• Method 1: Congressional Proposal
  • An amendment can be proposed by a $\frac{2}{3}$ vote in both the House of Representatives and the Senate.
  • This is the most common method used for proposing all $27$ ratified amendments.
  • The national government, specifically Congress, possesses the power to initiate these formal changes, but it cannot ratify them; ratification is exclusively a state power.
• Method 2: Proposal by National Convention
  • An amendment can be proposed by a national convention called for by $\frac{2}{3}$ of the state legislatures.
  • This method has never been used for any of the $27$ ratified amendments.
  • This provision allows states to force Congress into initiating debate and discussion on a proposed amendment.

The Amendment Process: Ratification

• The Constitution outlines two methods for ratifying proposed amendments, both requiring a supermajority from the states.
• All methods of ratification require the approval of $\frac{3}{4}$ of the states, which currently translates to $38$ out of $50$ individual states.
• States retain the ultimate authority in the ratification process.
• Each state has the autonomy to determine its own internal legislative or popular threshold for approving ratification (e.g., a simple majority vote in its state legislature).
• Method 1: Ratification by State Legislatures
  • A proposed amendment is ratified by a vote of $\frac{3}{4}$ of the state legislatures.
  • This is the predominant method, having been used for $26$ of the $27$ amendments.
• Method 2: Ratification by State Ratifying Conventions
  • A proposed amendment is ratified by special conventions held in $\frac{3}{4}$ of the states, where delegates are directly chosen by the people to vote on the amendment.
  • This method has been used only once, for the 21st Amendment.
  • This process is generally considered more directly