Amendments to the U.S. Constitution: A Process of Ratification

The ratification of constitutional amendments has been a crucial process in shaping the United States' democracy. This article explores how amendments have been ratified since the Constitution was initially adopted in 1789, focusing on the role of Article V of the U.S. Constitution.

Amendments According to Article V

The process of amending the Constitution has remained consistent since its inception. According to Article V of the Constitution, the first step towards amendment is a two-thirds vote in both the House of Representatives and the Senate. Once this threshold is met, the amendment is transmitted to the states for ratification.

State Ratification Requirement

The next step is more stringent. Three-fourths (or 75%) of the state legislatures or state conventions must ratify the amendment. Historically, state legislatures have typically taken on this role, as they are the designated entities for ratification. The requirement of three-fourths ratification means that the number of states needed for ratification can fluctuate based on changes in the number of states over time.

For instance, when there were 12 states, ratification by 9 states was sufficient. However, as the number of states increased, the number of states required for ratification also increased. Initially, an amendment might have needed 9 states from 12, whereas an amendment in 1912 might have required 18 of 36 states, and in 1959, the requirement was 29 out of 50 states.

Non-Ratification and Repeal

It is important to note that once an amendment is ratified, it cannot be unratified. This means that if an amendment has been ratified by the required number of states and is later found to be unconstitutional, the only remedy is to propose a new amendment to repeal the old one. The process for proposing such an amendment must also follow the same two-thirds vote in Congress and three-fourths ratification by the states.

Unique Case: The Repeal of Prohibition

There is an exception to the usual ratification process, specifically the 21st Amendment, which repealed Prohibition. This amendment was unique in that it was not transmitted to the state legislatures for ratification. Instead, it was sent to state ratifying conventions, which were granted the responsibility to carry out a simple yes-or-no vote on the amendment.

Role of the President and Governors

A significant point of clarification is that neither the President nor the states’ governors play a direct role in the amendment process. Their involvement is more symbolic, and they can act as advocates for or against a particular amendment, but their votes are not required for the amendment to be ratified.

Despite this clear procedure, there are historical examples of complexities in the process. An example is the Equal Rights Amendment (ERA), which was approved by Congress in 1972 but only achieved the required ratification by 35 states before the 1982 deadline. Subsequent attempts to extension of the deadline have thus far failed, leaving the amendment incomplete and unratified.

Further Information

There are numerous resources for those interested in delving deeper into the intricacies of the Constitution and the amendment process. Detailed historical accounts, legal analyses, and various scholarly articles are available through academic journals and reputable online platforms, such as the National Constitution Center and the Congressional Research Service.

Calls for Constitutional Change

From time to time, there are movements and calls for constitutional change, often leading to new amendments. While the process outlined in Article V typically aligns with the established rules, some argue for alternative methods, such as a convention to propose constitutional amendments or the use of state conventions. However, these alternatives face significant challenges and have not been adopted.

In conclusion, the amendment process in the United States is a rigorous and deliberate one, carefully designed to ensure that any changes to the Constitution are meaningful and widely supported. Understanding this process is essential for any citizen who wishes to engage in the ongoing conversation about the governance and future of the United States.

Key Points:

Amendments to the Constitution require a two-thirds vote in both the House of Representatives and the Senate. Three-fourths of the states (75%) must ratify the amendment. The 21st Amendment, which repealed Prohibition, was ratified by a different method, through state ratifying conventions. The President and state governors do not play a direct role in the ratification process.