Changing the U.S. Constitution: How Amendments Are Made and Challenged
The Power to Change the Constitution
The U.S. Constitution is the foundation of American law and government, but it is not unchangeable. The Founding Fathers (the leaders who wrote the Constitution in 1787) knew that future generations might need to update the document to reflect new challenges, values, and social progress. To allow for this, they created a process to amend (officially change) the Constitution.
However, changing the Constitution is not easy. The process is intentionally difficult to prevent quick or impulsive decisions that could weaken the country’s legal structure. Since 1789, over 11,000 amendments have been proposed, but only 27 have been ratified (officially approved and added to the Constitution).
There are two ways to amend the Constitution, but only one has ever been used successfully.
The first and most widely used method begins with Congress (the part of the government that makes laws). A member of the House of Representatives or the Senate introduces an amendment, which must pass in both chambers with a two-thirds majority. This means at least 67 out of 100 Senators and 290 out of 435 Representatives must vote in favor.
Once Congress approves the amendment, it is sent to all 50 state legislatures (state governments). To become law, at least three-fourths (38 out of 50 states) must approve it. This method has been used for all 27 amendments in U.S. history, including the Bill of Rights (the first ten amendments) and major changes like the abolition of slavery and the expansion of voting rights to women.
The second method, which has never been used, allows the states to start the amendment process instead of Congress. If two-thirds of the states (34 out of 50) agree, a special meeting called a constitutional convention is held to discuss the proposed amendment. If the convention agrees on an amendment, it is sent to the states for approval.
Just like the first method, at least three-fourths of the states (38 out of 50) must approve it for it to become law. This method has never been used, partly because there is no clear rule on how a constitutional convention would operate. Many people fear that if a convention were held, delegates could rewrite more than just one amendment, possibly changing large sections of the Constitution.
How to Challenge or Overturn an Amendment
Once an amendment is ratified, it becomes part of the Constitution. However, that does not mean it is permanent.
There are two main ways to challenge or remove an amendment: by repealing it with a new amendment or by challenging its interpretation in court.
The only way to completely remove an amendment is to pass a new amendment that repeals (cancels) the old one. This has only happened once. The 18th Amendment, passed in 1919, banned alcohol sales in the U.S., an era known as Prohibition. However, the ban was widely unpopular and led to crime and illegal alcohol sales. In response, the 21st Amendment, passed in 1933, repealed the 18th Amendment and made alcohol legal again.
Repealing an amendment is extremely difficult because it follows the same strict process as creating a new amendment.
Another way to challenge an amendment is through the court system. If an amendment is unclear or seems to violate other parts of the Constitution, people can challenge it in court. The Supreme Court (the highest court in the U.S.) has the power to interpret the Constitution and decide if laws or amendments are legal.
For example, the 15th Amendment, passed in 1870, gave Black men the right to vote. However, some states created unfair rules, such as literacy tests and poll taxes, to prevent Black citizens from voting. The Supreme Court ruled in multiple cases, such as Guinn v. United States (1915), that these restrictions violated the 15th Amendment.
Because of these rulings, certain voting restrictions were eliminated. Sometimes, the Supreme Court’s decisions change how an amendment is applied without actually removing it. This is one way amendments are challenged over time.
Why Is It So Hard to Change the Constitution?
The Founding Fathers made amending the Constitution difficult on purpose. They did not want laws to change too quickly or too easily based on temporary emotions or political trends.
Instead, they designed a process that requires overwhelming support from both Congress and the states. This means that while amendments can be made, repealed, or challenged, it takes time, effort, and broad national agreement to do so.
The difficulty in amending the Constitution helps protect rights from being taken away too easily, but it can also make it hard to fix outdated or problematic laws. For example, many people today argue that the Electoral College system, which decides how presidents are elected, is outdated and should be changed. However, because this system is written into the Constitution, changing it would require an amendment, a process that is extremely difficult.
The U.S. Constitution is a living document, meaning it can be changed over time. However, changing it is a long and difficult process. Amendments can be added in two ways, but only the congressional method has ever been used. Once passed, amendments can be challenged in court or even repealed, but both are rare.
The difficulty of amending the Constitution has helped preserve stability in U.S. law, but it also means that change happens slowly, even when many Americans agree that an amendment should be updated or removed. Understanding this process is key to understanding how democracy works in the United States.
Sources and Additional Readings
The Constitution of the United States: National Archives
The Constitutional Amendment Process: National Constitution Center
How the US Constitution Has Changed and Expanded Since 1787: History.com