The
Amendment
Process
Changing the Constitution
• The Constitution would not have lasted as long as it
did without being able to be changed
• It can be changed in two ways:
– 1) formal amendments
– 2) informal ways
Amendment Process
• Article V provides for two ways to propose
amendments and two ways to ratify them
• So there are four possible methods of establishing
amendments
• 1st method
– proposed by a 2/3 vote in each house
– ratified by ¾ of state legislatures (38)
• 26 of the 27 amendments have been adopted this way
• 2nd method
– proposed by Congress
– ratified by conventions in ¾ of the states
• Only 21st amendment ratified this way
• 3rd method:
– proposed by a national
convention called for by
2/3 of state legislatures
(34)
– ratified by ¾ of state
legislatures (38)
• 4th method:
– proposed by a national
convention
– ratified by conventions in ¾
of states (38)
• Notice how the process is very “federal” in nature
– Proposals take place at the “national” level and
ratifications take place at the “state” level
• Note:
– President has nothing to do with it
– States may reject the amendment and approve it later
– Over 10,000 resolutions calling for amendments proposed
in Congress since 1789
• Only 33 have been sent to states
Amendments You Need to Know
• Bill of Rights (1st 10
Amendments)
– 1st – freedom of speech,
religion, press & assembly
– 2nd – right to bear arms
– 5th – due process
– 8th – no excessive bail or cruel
punishment
– 9th – people have rights that
are not mentioned
– 10th – powers not given to the
federal gov’t are reserved for
the states
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13th – ended slavery
14th – citizenship
15th – black males allowed to vote
16th – income tax
17th – people elect senators
18th – prohibition
19th – women allowed to vote
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21st – repealed prohibition
24th – no poll taxes to vote
25th – presidential succession & inability
26th – 18 year olds can vote
27th – congressional pay (proposed in 1789, ratified
in 1992)