Understanding the Constitutional Amendment Process in the US

A constitutional amendment is a change, correction, or revision to the US Constitution, which is the basis for federal law in the United States. An amendment adds additional laws included within the original American Constitution, which was ratified 1788. In the time since the constitution was ratified, here have been 27 constitutional amendments made. Amendments to the Constitution can either be suggested in Congress, or can originate from a two-thirds majority of the states demanding a constitutional convention.

The first ten amendments to the Constitution, also known as the Bill of Rights, protect foundational civil liberties, like freedom of religion, speech, the press, and assembly. Other amendments to the Constitution signaled major civil rights landmarks in American history, including the 13th Amendment (which made slavery illegal), the 15th Amendment (which made voting discrimination on the basis of race illegal), and the 19th Amendment (which made voting discrimination on the basis of sex unconstitutional).

Article V of the Constitution addresses the process of how a constitutional amendment can be approved. The framers of the constitution understood that constitutional changes would be necessary, but wanted to ensure the process would include proper deliberation. Amendments can either be suggested by Congress or requested by two-thirds of the states.

One of the methods outlined in Article V for a constitutional amendment is for the process to start in Congress. All 27 amendments to the Constitution have been passed in the following way:

1. 1. An amendment is suggested by a Congress member. Members of Congress—either from the House of Representatives or the Senate—may propose constitutional amendments. Both houses of Congress are required to pass the amendment by a two-thirds vote, or a supermajority, in order for it to continue in the ratification process.
2. 2. The amendment is sent to the states. Once approved by the Houses of Congress, the proposed amendment is sent to all 50 state governors for ratification, meaning approval. The governor can ratify the amendment by submitting it to the state legislature, or by convening a state ratifying convention.
3. 3. If three-quarters of the states ratify, the amendment passes. If the amendment is approved by a simple majority vote in three-fourths of the states, it becomes part of the Constitution.

Though this process has never been successfully used, one of the methods outlined in Article V for a constitutional amendment is for the process to start with the states.

1. 1. The states demand a constitutional convention. If two-thirds of the state legislatures vote to hold a national constitutional convention to amend the Constitution, Congress is required to hold one.
2. 2. Delegates attend the constitutional convention. During a constitutional convention, or "Article V Convention," delegates from every state can attend the convention and propose new amendments.
3. 3. Prospective amendments must be ratified by three-quarters of the state legislatures. The amendments from the constitutional convention are sent to the states. If three-fourths of the state legislatures ratify the amendment, it becomes part of the Constitution.

In order to repeal an amendment, a new amendment must be approved through one of the two ratification processes. Only one constitutional amendment has ever been successfully repealed: The 18th Amendment banning the production and sale of alcohol, otherwise known as prohibition, was ratified in 1919. It was repealed by the 21st Amendment in 1933.

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