26 - How to Ratify an Amendment to the Constitution
This week is a look at how this process happens. It is not easy. Intentionally so.
The original constitution of 1788 was intended to be the foundation and stone of our country. But as a document, written in a time of high political change and growth for our young country, it had to be recognized that it needed a form to change.
Article V of the Constitution describes two processes to amend the document, which has typically only been done in one of the ways. Currently, there are 27 amendments ratified to the Constitution.
First, the House and the Senate both shall approve the proposal and release it to the States for their final approval. The National Archives and Records Administration (NARA) then distributes it to the states, and three-fourths are required to affirm the proposal before it is considered a national amendment. With our fifty-nifty United States, this equates to thirty-eight states passing the amendment.
The second form of approval is for a Constitutional Convention to convene, called for by two-thirds of the legislatures of the States. During the convention, they can propose as many amendments as they would like. Similarly, the amendments shall be approved by three-fourths of the States to be officially ratified.
There are two caveats in Article V limiting changes to portions of the first Article and that without a State’s approval shall ever be given less than equal vote in Senate (that is the two Senators from each state).
The process is long and arduous. Over 11,000 proposed amendments have not been adopted.
Here are two interesting facts about the most recent Amendment:
The last amendment was signed May 18, 1992 by the NARA Archivist. This was the first to be signed by NARA.
The 27th Amendment was submitted in 1789 with the first ten (Bill of Rights). However, it was forgotten until 1982 when a 19 year old sophomore at University of Texas, Austin, wrote a paper for his government class. He did not score well on the paper, so to prove his point he successfully worked to ratify the amendment. This process took 202 years, 7 months, and 10 days to complete.
My thoughts
I am highlighting my third favorite amendment here, the 21st and the repeal of Prohibition. The concept of this period in American History intrigues me, but more just befuddles me. To think of not only the enjoyment of happy hours, wine country, and celebrations around our country, but the economic nature of this industry on our world. American whiskey distilling is basically the source of life for the old Irish and Scottish traditions! My hometown of the Tri-Cities and Southeastern Washington is a new world sitting at the heart of wine industry than even when I grew up there.
Following the election results of November 2019, it is apparent that we may experience the success of another great amendment within this year as the State of Virginia is primed to ratify the 28th Amendment, a true complement to the 19th.
The original constitution of 1788 was intended to be the foundation and stone of our country. But as a document, written in a time of high political change and growth for our young country, it had to be recognized that it needed a form to change.
Article V of the Constitution describes two processes to amend the document, which has typically only been done in one of the ways. Currently, there are 27 amendments ratified to the Constitution.
First, the House and the Senate both shall approve the proposal and release it to the States for their final approval. The National Archives and Records Administration (NARA) then distributes it to the states, and three-fourths are required to affirm the proposal before it is considered a national amendment. With our fifty-nifty United States, this equates to thirty-eight states passing the amendment.
The second form of approval is for a Constitutional Convention to convene, called for by two-thirds of the legislatures of the States. During the convention, they can propose as many amendments as they would like. Similarly, the amendments shall be approved by three-fourths of the States to be officially ratified.
There are two caveats in Article V limiting changes to portions of the first Article and that without a State’s approval shall ever be given less than equal vote in Senate (that is the two Senators from each state).
The process is long and arduous. Over 11,000 proposed amendments have not been adopted.
Here are two interesting facts about the most recent Amendment:
The last amendment was signed May 18, 1992 by the NARA Archivist. This was the first to be signed by NARA.
The 27th Amendment was submitted in 1789 with the first ten (Bill of Rights). However, it was forgotten until 1982 when a 19 year old sophomore at University of Texas, Austin, wrote a paper for his government class. He did not score well on the paper, so to prove his point he successfully worked to ratify the amendment. This process took 202 years, 7 months, and 10 days to complete.
My thoughts
I am highlighting my third favorite amendment here, the 21st and the repeal of Prohibition. The concept of this period in American History intrigues me, but more just befuddles me. To think of not only the enjoyment of happy hours, wine country, and celebrations around our country, but the economic nature of this industry on our world. American whiskey distilling is basically the source of life for the old Irish and Scottish traditions! My hometown of the Tri-Cities and Southeastern Washington is a new world sitting at the heart of wine industry than even when I grew up there.
Following the election results of November 2019, it is apparent that we may experience the success of another great amendment within this year as the State of Virginia is primed to ratify the 28th Amendment, a true complement to the 19th.
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