The U.S. Constitution can be changed, but the process is intentionally difficult. An amendment may be proposed by Congress, yet still fail if enough states do not ratify it. This high standard protects the Constitution from quick political swings and requires broad national agreement.
Failed amendments show which ideas gained major support but not enough support to become permanent law.
Most proposed amendments begin when two thirds of both houses of Congress approve the same text. After that, three fourths of the states must ratify the proposal, usually through state legislatures. Amendments such as the Equal Rights Amendment came close but did not meet the required threshold by the deadline set by Congress.
Other ideas, such as a balanced-budget amendment, have been debated for decades but have not completed the proposal and ratification process.
Key Facts
- Congress can propose an amendment with a two thirds vote in both the House and the Senate.
- An amendment can also be proposed by a national convention called by two thirds of the state legislatures.
- Ratification requires approval by three fourths of the states.
- With 50 states, the ratification threshold is 38 states because 3/4 x 50 = 37.5, so at least 38 approvals are needed.
- The Equal Rights Amendment was proposed by Congress in 1972 but did not become part of the Constitution because it did not reach 38 state ratifications by the deadline.
- A balanced-budget amendment would generally require the federal government not to spend more than it receives, but no version has been successfully ratified.
Vocabulary
- Amendment
- An amendment is a formal change or addition to the U.S. Constitution.
- Ratification
- Ratification is the official approval of a proposed constitutional amendment by the required number of states.
- Proposal
- A proposal is the first major step in the amendment process, when Congress or a convention approves an amendment for state consideration.
- Equal Rights Amendment
- The Equal Rights Amendment was a proposed amendment intended to guarantee equal legal rights regardless of sex.
- Balanced-budget amendment
- A balanced-budget amendment is a proposed constitutional rule that would limit federal spending so it does not exceed federal revenue, often with exceptions.
Common Mistakes to Avoid
- Thinking a proposed amendment becomes law as soon as Congress approves it is wrong because state ratification is also required.
- Confusing two thirds with three fourths is wrong because the proposal stage usually needs two thirds of Congress, while ratification needs three fourths of the states.
- Assuming a failed amendment was unpopular everywhere is wrong because many failed amendments received strong support but still fell short of the required number of states.
- Counting people instead of states is wrong because constitutional amendment ratification depends on state approvals, not a national popular vote.
Practice Questions
- 1 There are 50 states. How many states must ratify a proposed constitutional amendment for it to become part of the Constitution?
- 2 If a proposed amendment has been ratified by 35 states, how many more states are needed to reach the three fourths requirement?
- 3 Explain why the Constitution requires such a high ratification threshold for amendments, and give one benefit and one drawback of that rule.