Passing a Constitutional Amendment
A constitutional amendment is a change or addition to the U.S. Constitution. It requires approval from Congress and the states, making it a process that ensures only widely supported changes are made.
Why the Founding Fathers Created The Amendment Process
The amendment process is how the United States changes the Constitution.
The amendment process is found in Article V of the U.S. Constitution.
When the United States wrote the Constitution in 1787, the leaders of the new country—known as the Founding Fathers—knew that the nation would grow and change over time. They understood that no document could perfectly solve every problem forever. Because of this, they wanted to make it possible to update the Constitution when necessary.
However, the founders were also careful. They did not want the Constitution to be changed too quickly or too easily. They had just broken away from a government they believed had too much power, and they wanted to make sure no single group or moment in time could easily change the rules of the entire country.
Some people might have suggested that a simple majority vote—just over half—should be enough to change the Constitution. But the founders worried that this could allow temporary ideas, strong emotions, or powerful groups to make big changes that might not be best for the whole country.
They also knew that different states and regions had different needs and beliefs. People in large states, small states, cities, and rural areas might not always agree. The founders wanted a system that required agreement from many parts of the country, not just one group or region.
The amendment process was influenced by earlier governments and political ideas, especially the belief that important decisions should require broad agreement. At the Constitutional Convention, the founders debated how to allow change while still protecting stability. The amendment process became a solution that balanced both ideas.
The founders also wanted to protect the rights of smaller states. If changes could be made too easily, larger states with bigger populations might dominate the process. By requiring approval from both Congress and the states, the system ensures that both large and small states have a voice.
So they created the amendment process, which requires strong agreement across the country before the Constitution can be changed. A proposed amendment must be approved by large majorities in Congress and then ratified by most of the states.
This system helps make sure that any change to the Constitution reflects the will of the nation as a whole, not just one group or moment in time.
How The Amendment Process Works
The amendment process is how the United States changes the Constitution.
Instead of a simple vote, the process requires approval from both the national government and the states.
There are two main steps: proposing the amendment and ratifying the amendment.
Step 1: An amendment must be proposed.
This usually happens in Congress. To propose an amendment:
2/3 of the House of Representatives must approve it (290 out of 435)
2/3 of the Senate must approve it (67 out of 100)
There is another method, where 2/3 of the states (34 out of 50) can call for a convention to propose an amendment, but this method has never been used to successfully add an amendment.
Step 2: Radification
To become part of the Constitution, the amendment must be approved by:
3/4 of the state legislatures (38 out of 50 states)
OR
3/4 of state conventions, if Congress chooses that method
Only after reaching this level of approval does the amendment officially become part of the Constitution.
Unlike a regular law:
The President does not sign amendments
The process requires very large majorities
It is designed to make sure changes reflect agreement across the entire country
Article V: Amendment Process
Summary: The Constitution explains how amendments can be added. Amendments can be proposed by Congress or by a convention of states, and they must be approved (ratified) by the states.
Text in the Constitution: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
The Amendments to the U.S. Constitution
The first ten amendments, added in 1791, are called the Bill of Rights.
They were created to protect individual freedoms and limit government power.
The Bill of Rights
1st Amendment – Protects freedoms of religion, speech, press, assembly, and petition.
House: Passed by 2/3 vote (no exact recorded count)
Senate: Passed by 2/3 vote (no exact recorded count)
Ratification: 11/14 states
2nd Amendment – Protects the right to bear arms (own guns)
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
3rd Amendment – Prevents soldiers from being housed in private homes without consent.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
4th Amendment – Protects against unreasonable searches and seizures.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
5th Amendment – Protects rights of the accused (due process, no self-incrimination, no double jeopardy).
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
6th Amendment – Guarantees a fair and speedy trial with a jury.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
7th Amendment – Guarantees a jury trial in certain civil cases.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
8th Amendment – Protects against excessive bail and cruel and unusual punishment.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
9th Amendment – Says people have rights beyond those listed in the Constitution.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
10th Amendment – Powers not given to the federal government belong to the states or the people.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 11/14 states
Amendments After the Bill of Rights
11th Amendment (1795) – Limits lawsuits against states.
House: 2/3 vote
Senate: 2/3 vote
Ratification: 12/15 states
12th Amendment (1804) – Changes how the President and Vice President are elected (separate votes).
House: 2/3 vote
Senate: 2/3 vote
Ratification: 13/17 states
13th Amendment (1865) – Abolishes slavery in the United States.
House: 119–56
Senate: 38–6
Ratification: 27/36 states
14th Amendment (1868) – Grants citizenship to all born in the U.S. and guarantees equal protection under the law.
House: 120–32
Senate: 33–11
Ratification: 28/37 states
15th Amendment (1870) – Gives African American men the right to vote.
House: 144–44
Senate: 39–13
Ratification: 28/37 states
16th Amendment (1913) – Allows the federal government to collect income taxes.
House: 318–14
Senate: 77–0
Ratification: 42/48 states
17th Amendment (1913) – Establishes direct election of U.S. Senators by voters.
House: 296–16
Senate: 64–24
Ratification: 36/48 states
18th Amendment (1919) – Bans alcohol (Prohibition).
House: 282–128
Senate: 47–8
Ratification: 36/48 states
19th Amendment (1920) – Gives women the right to vote.
House: 304–89
Senate: 56–25
Ratification: 36/48 states
20th Amendment (1933) – Changes dates for when presidents and Congress take office.
House: 289–0
Senate: 63–6
Ratification: 36/48 states
21st Amendment (1933) – Repeals Prohibition (ends the 18th Amendment).
House: 299–121
Senate: 63–23
Ratification: 36/48 states
22nd Amendment (1951) – Limits presidents to two terms.
House: 285–121
Senate: 59–23
Ratification: 36/48 states
23rd Amendment (1961) – Gives Washington, D.C. electoral votes in presidential elections.
House: 323–0
Senate: 86–0
Ratification: 38/50 states
24th Amendment (1964) – Eliminates poll taxes in federal elections.
House: 295–86
Senate: 77–16
Ratification: 38/50 states
25th Amendment (1967) – Explains what happens if the President cannot serve (succession and replacement).
House: 368–29
Senate: 65–0
Ratification: 38/50 states
26th Amendment (1971) – Lowers the voting age to 18.
House: 401–19
Senate: 94–0
Ratification: 38/50 states
27th Amendment (1992) – Prevents Congress from raising its own pay until after the next election.
House: Originally passed 1789 (no recorded vote)
Senate: Originally passed 1789 (no recorded vote)
Ratification: 38/50 states
