THE US CONSTITUTION
A Formal Amendment
US Constitution
• Written in 1787
• We now have the longest lasting Constitution of any nation
• Our constitution has been changing over the years
• Two ways for constitutional change
• Formal
• Informal
Formal Amendment Process
• Article V of the Constitution
• Founding fathers knew things would change
• Need a government that can change
• Explains the four methods for a Formal Amendment to take place
First Method
• Amendment proposed by 2/3 vote in Congress
• Ratified by ¾ of the State legislatures (38 States)
• 26 of our 27 Amendments created this way
Second Method
• Amendment proposed by Congress
• Ratified by Conventions, called for that purpose, in ¾ of
States
• 21st Amendment created this way
• Why?
• Felt popular elected delegates would be more likely to reflect public
opinion
Third Method
• Amendment proposed by a national convention
• Called by Congress at request of 2/3 of State legislatures
(34)
• Then ratified by ¾ of State legislatures
• Congress has never called such a convention
Fourth Method
• Amendment proposed by a national convention
• Ratified by conventions in ¾ of States
• Constitution itself was adopted in this same way
Federalism and Popular Sovereignty
• Formal Amendment Process
• Emphasizes federal character of government
• Proposals start nationally
• Ratified by individual states
• Critics
• State Legislators are never elected based on their stance to an
amendment
• Delegates for a ratifying convention are elected solely for their
stance on an amendment
Proposed Amendments
• States may reject Amendments
• When they do so they may recant and vote in favor of it
• When a State votes in favor it cannot change its vote
• Over 10,000 Amendments proposed since 1789
• 33 sent to States, and 27 ratified
• Time limits
• Congress can impose a reasonable time limit for ratification
• After which the Amendment dies
Failed Amendments
• 1789 Distribution of Seats in the House
• 1810 voided citizenship of anyone accepting any foreign
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title or other honor
1861 Prohibit any amendment relating to slavery
1924 empower Congress to fight child labor
1972 Equal rights of women (died in 1982)
1978 Give seats to District of Columbia (died 85)
Amendment
Subject
Year
Time Required for Ratification
1st-10th
Bill of Rights
1791
2 years, 2 months, 20 days
11th
Immunity of States from certain lawsuits
1795
11 months, 3 days
12th
Changes in electoral college procedure
1804
6 months, 6 days
13th
Abolish Slavery
1865
10 months, 6 days
14th
Citizenship, due process, equal protection
1868
2 years, 26 days
15th
No denial of vote because of race, color, or previous
enslavement
1870
11 months, 8 days
16th
Power of Congress to tax incomes
1913
3 years, 6 months, 22 days
17th
Popular election of US Senators
1913
10 months, 26 days
18th
Prohibition of alcohol
1919
1 year, 29 days
19th
Woman suffrage
1920
1 year, 2 months, 14 days
20th
Change of dates for start of presidential and
Congressional terms
1933
10 months, 21 days
21st
Repeal of Prohibition
1933
9 months, 15 days
22nd
Limit on Presidential terms
1951
3 years, 11 months, 6 days
23rd
District of Columbia vote in presidential elections
1961
9 months, 13 days
24th
Ban on tax payment as voter qualification
1964
9 months, 3 days
25th
Presidential succession, vice presidential vacancy,
and presidential disability
1967
1 year, 7 months, 4 days
26th
Voting age 18
1971
3 months, 8 days
27th
Congressional pay
1992
202 years, 7 months, 12 days