How can the Constitution be amended?
The Constitution can be amended through the following process:
1. Proposal of an Amendment: An amendment can be proposed either by Congress or by a national convention called by Congress on request of two-thirds (currently 34 out of 50) of the state legislatures. This means that an amendment can be proposed either by a two-thirds vote in both the House of Representatives and the Senate or by a convention requested by two-thirds of the state legislatures.
2. Ratification of an Amendment: Once an amendment is proposed, it must be ratified by three-fourths (currently 38 out of 50) of the states. This can be done either by the state legislatures or by state ratifying conventions.
- The most common method of ratification is through the state legislatures, where three-fourths of them must approve the amendment.
- However, the Constitution also allows for the option of a state ratifying convention, which is a gathering of delegates elected by the people of each state specifically for the purpose of ratifying an amendment. This method has only been used once in history for the 21st Amendment, which repealed Prohibition.
It's important to note that once an amendment is ratified and becomes part of the Constitution, it can only be changed or repealed through the same amendment process, ensuring that amendments are not easily altered.
The Constitution of the United States can be amended through a specific process outlined in Article V of the Constitution. Here are the steps involved in amending the Constitution:
Step 1: Proposal
The first step requires the proposal of an amendment. There are two methods for proposing amendments:
1. Congress: A proposed amendment can be introduced in Congress by a two-thirds majority vote in both the House of Representatives and the Senate.
2. Constitutional Convention: Alternatively, a proposed amendment can be initiated if two-thirds of the state legislatures call for a Constitutional Convention. However, this method has never been used to date.
Step 2: Ratification
Once an amendment is proposed, it must be ratified. There are also two methods for ratifying amendments:
1. State Legislatures: The first method is for the proposed amendment to be ratified by three-fourths of the state legislatures. This can occur within a certain time frame set by Congress.
2. State Conventions: The second method involves holding special conventions in three-fourths of the states, which would then approve the proposed amendment. State conventions have only been used once, for the ratification of the 21st Amendment, which repealed Prohibition.
Step 3: Certification
Once an amendment is ratified by the required number of states through either method, it is then certified as a valid part of the Constitution. The Archivist of the United States, who is head of the National Archives and Records Administration, plays a role in certifying amendments.
It is important to note that the Constitution has 27 amendments, with the first ten constituting the Bill of Rights, which were added shortly after the Constitution itself was ratified.