Amendment Process
The authors of the U.S. Constitution understood
that if the document was to survive the span of time,
it would need to be updated or amended. Therefore,
they wrote in the process of how the Constitution
could be changed. There are 2 ways to propose and
amendment and 2 ways to ratify an amendment:
Proposal
Method #1
An amendment can be proposed by a 2/3 majority vote
of both the Senate and House of Representative in
Congress.
Proposal
Method #2
An amendment can be proposed by a 2/3 majority vote
of a national convention
Ratification
Method #1
The proposed amendment is approved by 3/4 of all state
legislatures.
(Used 26 Times)
Ratification
Method #2
The proposed amendment is approved by 3/4 of all
special state conventions.
(Used Only Once)
Reasons for Amending the Constitution:
(#) Represents What Amendment
•
•
•
•
•
•
•
•
Protection of Civil Liberties (1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14)
Right to Vote (Suffrage) (15, 17, 19, 23, 24, 26)
Changes to the Presidency (12, 20, 22, 23, 25)
Changes to Congress (17, 20, 27)
States’ Rights (10, 11)
Income Tax (16)
Prohibition of Alcohol (18)
Repeal of the Prohibition of Alcohol (21)
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Amendment Process
Article 5
Section
Clause
What It Says
What It Means
The Constitution is considered to be a living
document and can be changed in one of two
methods:
(Method 1)
1
If 2/3 of both houses of Congress decided that
The Congress, whenever two thirds of both houses
there needs to be an addition/change to the
shall deem it necessary, shall propose
Constitution, that are allowed to create a
amendments to this Constitution, or, on the
proposed amendment.
application of the legislatures of two thirds of the
several states, shall call a convention for
Once the proposed amendment has been written,
proposing amendments, which, in either case,
a copy must be sent to all of the states.
shall be valid to all intents and purposes, as part
of this Constitution, when ratified by the
If 3/4 of state conventions approve the proposal,
legislatures of three fourths of the several states, the amendment becomes part of the Constitution.
or by conventions in three fourths thereof, as the
one or the other mode of ratification may be
(Method 2)
proposed by the Congress; provided that no
amendment which may be made prior to the year
If 2/3 of the states’ legislatures ask for an
one thousand eight hundred and eight shall in any
amendment and it is approved by 3/4 of the
manner affect the first and fourth clauses in the
states, an amendment can become part of the
ninth section of the first article; and that no
Constitution.
state, without its consent, shall be deprived of its
equal suffrage in the Senate.
No amendment can be passed before 1808 to
change the regulations on the importation of
slaves (Article I, Section 9, Clauses 1 and 4).
No amendment can be passed to reduce right for
states to have the equal amount of Senators per
state.
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Amendment Process
Amendment
Ratified
Deals With…
1
1791
Prohibits the making of any law respecting an establishment of religion, impeding the free
exercise of religion, abridging the freedom of speech, infringing on the freedom of the press,
interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental
redress of grievances.
2
1791
Protects the right to keep and bear arms.
3
1791
Prohibits quartering of soldiers in private homes without the owner's consent during peacetime.
4
1791
Prohibits unreasonable searches and seizures and sets out requirements for search warrants based
on probable causeas determined by a neutral judge or magistrate.
5
1791
Sets out rules for indictment by grand jury and eminent domain, protects the right to due process,
and prohibits self-incrimination and double jeopardy.
6
1791
Protects the right to a fair and speedy public trial by jury, including the rights to be notified of the
accusations, toconfront the accuser, to obtain witnesses and to retaincounsel.
7
1791
Provides for the right to trial by jury in certain civil cases, according to common law.
8
1791
Prohibits excessive fines and excessive bail, as well ascruel and unusual punishment.
9
1791
Protects rights not enumerated in the Constitution.
10
1791
Limits the powers of the federal government to those delegated to it by the Constitution.
11
1795
Makes states immune from suits from out-of-state citizens and foreigners not living within the
state borders; lays the foundation for sovereign immunity.
12
1804
Refined the process whereby a President and a Vice President are elected by the electors of the
Electoral College.
13
1865
Abolishes slavery, and involuntary servitude, except as punishment for a crime.
14
1868
Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the
Equal Protection Clause, and deals with post-Civil War issues.
15
1870
Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.
16
1913
Permits Congress to levy an income tax without apportioning it among the states or basing it on
the United States Census.
17
1913
Establishes the direct election of United States Senators by popular vote.
18
1919
Prohibited the manufacturing or sale of alcohol within the United States.
19
1920
Prohibits the denial of the right to vote based on sex.
20
1933
Changes the date on which the terms of the President and Vice President (January 20) and
Senators and Representatives (January 3) end and begin.
21
1933
Repeals the 18th Amendment and prohibits the transportation or importation into the United
States of alcohol for delivery or use in violation of applicable laws.
22
1951
Limits the number of times that a person can be elected president: a person cannot be elected
president more than twice, and a person who has served more than two years of a term to which
someone else was elected cannot be elected more than once.
23
1961
Grants the District of Columbia electors (the number of electors being equal to the least populous
state) in the Electoral College.
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Amendment Process
Amendment
Ratified
Deals With…
24
1964
Prohibits the revocation of voting rights due to the non-payment of a poll tax.
25
1967
Addresses succession to the Presidency and establishes procedures both for filling a vacancy in the
office of the Vice President, as well as responding to Presidential disabilities.
26
1971
Prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account
of age.
27
1992
Delays laws affecting Congressional salary from taking effect until after the next election of
representatives.
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