The Amendment Process

Formal Amendment Process

Article V says we can amend the Constitution 2/3 of each house, ¾ of state legislatures Proposed by Congress, ratified by ¾ of state

conventions (21st) 2/3 state legislatures request Congress to call a

national convention. Then must be ratified by ¾ state legislatures.

Proposed by national convention, ratified by conventions in ¾ of states.

Formal Amendment Process

Amendments are proposed every year and rarely make it through the process.

In 1989-90 alone, 214 amendments were proposed.

Amendments that didn’t make it

109th Congress (2005-2006)– Balanced budget amendment– Ensure that all children have a right to a free and

adequate education– Abolish the Electoral College– Allow non-native citizens to become president– Permit prayer at school meetings and ceremonies

Amendments that didn’t make it

ERA: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

The amendment died in 1982 when it failed to achieve ratification by a minimum of 38 states.

Amendments that didn’t make it

Flag Protection Amendment: "The Congress shall have power to prohibit the physical desecration of the flag of the United States."

Has never gotten the 2/3 majority required in the Senate.

Informal ways to change the Constitution

Basic legislation that expands the meaning of the Constitution

Executive action Custom (senatorial courtesy) Judicial review (Court decisions)