How to Take Action to Amend the Constitution
Understand the process., Narrow your focus as much as possible., Craft an amendment.
Step-by-Step Guide
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Step 1: Understand the process.
The United States Constitution can only be amended through narrowly defined actions of the U.S.
Congress.
Learn more about this process, for a start.
While you can take action to pressure Congress into acting, Congress itself must take the official steps.
Article 5 of the Constitution governs how amendments are made.
They can be proposed either by Congress or by a constitutional convention.
The latter method, however, has never been used.
All current amendments to the U.S.
Constitution have been proposed by the U.S.
Congress and not by constitutional convention.When Congress proposes an amendment, they do so in the form of a joint resolution agreed upon by a two-thirds majority in both the House of Representatives and the Senate.
From there, the amendment goes to the National Archives and Records Administration, which packages and ship it to the states for approval.
Three-fourths of state legislatures or conventions must approve the motion for the amendment to pass.For an amendment to be proposed via a constitutional convention, two-thirds of the state legislatures must call for it.
That convention proposes the amendment which is then sent to the states to be approved, and approval must be granted by three-fourths of the legislatures or conventions among the states. -
Step 2: Narrow your focus as much as possible.
You’ll need to avoid generalities and come up with a very specific course of action for a constitutional amendment.
Over the years, people have proposed amendments for all types of political, social, and economic problems.
The ones that have stuck have addressed The Equal Rights Amendment, for example, which is just three states short of being in the Constitution, seeks to establish a legal basis for equality of the sexes.
It propose that “quality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex”; that “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article”; and that “this amendment shall take effect two years after the date of ratification.One failed amendment from 1916 tried to make it harder to go to war.
The proposal was this: all wars will be put to a general vote.
All people voting in favor of war are automatically enlisted in the armed forces.Another failed amendment from 1893 tried to abolish the United States Army and Navy, the thought being that war was no longer needed at all., When taking action to amend the Constitution, it helps to have a written version of your proposed amendment.
This version may not be the exact one used, if the amendment makes it through at all, but potential supporters will have an easier time accepting and backing something with clear, specific terms.
This can be daunting for a single person and you will probably need some help You will need the formal written version to be easy to understand yet distinct and without loopholes.
If at all possible, consult with someone who has some professional law knowledge to craft something appropriate.
Talk to a lawyer who knows about legislation.
Laws are a bit like computer programming.
You might have good ideas for an amendment, but only someone who knows the proper “code” – the legal language – can write it in a way that will work properly. -
Step 3: Craft an amendment.
Detailed Guide
The United States Constitution can only be amended through narrowly defined actions of the U.S.
Congress.
Learn more about this process, for a start.
While you can take action to pressure Congress into acting, Congress itself must take the official steps.
Article 5 of the Constitution governs how amendments are made.
They can be proposed either by Congress or by a constitutional convention.
The latter method, however, has never been used.
All current amendments to the U.S.
Constitution have been proposed by the U.S.
Congress and not by constitutional convention.When Congress proposes an amendment, they do so in the form of a joint resolution agreed upon by a two-thirds majority in both the House of Representatives and the Senate.
From there, the amendment goes to the National Archives and Records Administration, which packages and ship it to the states for approval.
Three-fourths of state legislatures or conventions must approve the motion for the amendment to pass.For an amendment to be proposed via a constitutional convention, two-thirds of the state legislatures must call for it.
That convention proposes the amendment which is then sent to the states to be approved, and approval must be granted by three-fourths of the legislatures or conventions among the states.
You’ll need to avoid generalities and come up with a very specific course of action for a constitutional amendment.
Over the years, people have proposed amendments for all types of political, social, and economic problems.
The ones that have stuck have addressed The Equal Rights Amendment, for example, which is just three states short of being in the Constitution, seeks to establish a legal basis for equality of the sexes.
It propose that “quality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex”; that “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article”; and that “this amendment shall take effect two years after the date of ratification.One failed amendment from 1916 tried to make it harder to go to war.
The proposal was this: all wars will be put to a general vote.
All people voting in favor of war are automatically enlisted in the armed forces.Another failed amendment from 1893 tried to abolish the United States Army and Navy, the thought being that war was no longer needed at all., When taking action to amend the Constitution, it helps to have a written version of your proposed amendment.
This version may not be the exact one used, if the amendment makes it through at all, but potential supporters will have an easier time accepting and backing something with clear, specific terms.
This can be daunting for a single person and you will probably need some help You will need the formal written version to be easy to understand yet distinct and without loopholes.
If at all possible, consult with someone who has some professional law knowledge to craft something appropriate.
Talk to a lawyer who knows about legislation.
Laws are a bit like computer programming.
You might have good ideas for an amendment, but only someone who knows the proper “code” – the legal language – can write it in a way that will work properly.
About the Author
Zachary Perez
Professional writer focused on creating easy-to-follow organization tutorials.
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