Can You Amend the Constitution? Understanding the Meaning of ‘Constitutional Amendment’

The U.S. Constitution is the supreme law of our country. It is the basis of all laws, liberties, and rights that apply to citizens living in the United States. This document outlines the functions of the government, the relationship between the states, and the rights bestowed to individuals. It is the oldest written Constitution still in use by a nation and has been amended 27 times in our nation’s history.

A constitutional amendment, therefore, refers to the process by which the U.S. Constitution can be altered. Amendments are proposed by two-thirds of each chamber of Congress, or by two-thirds of the state legislatures, then ratified by three-fourths of the state legislatures or conventions in the states. Amendments may also be proposed to the states and ratified by three-fourths of the states.

Once a proposed amendment is ratified by three-fourths of the states, it becomes part of the Constitution. Since 1789, all Constitutional amendments have been approved by state conventions, apart from the Twenty-first Amendment, which was adopted following state legislative action.

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Modern Examples of Constitutional Amendments

The most recent amendment to be ratified was the Twenty-seventh Amendment in 1992. This amendment prohibits Congress from increasing their salaries during their current term of office. Other amendments modified the voting age to 18 years of age with the Twenty-sixth Amendment in 1971, and prohibited the sale and manufacture of alcohol with the Eighteenth Amendment in 1919.

The First Amendment of the Constitution protects the freedom of religion, speech, press, and the right to assemble and petition. The Second Amendment, which was adopted in 1791, guarantees the right to bear arms. The Third Amendment, which prohibited the quartering of troops in private homes, has rarely been challenged in court.

The Constitution has also been amended to extend certain rights to previously disenfranchised groups. For example, the Thirteenth Amendment prohibited slavery, the Fifteenth Amendment guaranteed the right to vote regardless of race, and the Nineteenth Amendment provided women the right to vote.

Related Legal Concepts

Constitutional amendments work hand in hand with constitutional rights, as amendments often expand or clarify the fundamental protections citizens enjoy. The First Amendment and Second Amendment represent two of the most frequently discussed constitutional provisions, while proposed changes like the Equal Rights Amendment demonstrate how the amendment process continues to evolve. Understanding constitutional amendments also involves recognizing how constitutional tort claims can arise when government actions violate these established rights.

The Bottom Line

Constitutional amendments represent the formal mechanism by which America’s founding document can adapt to changing times and values. The rigorous ratification process requiring broad consensus ensures that only the most significant changes become permanent parts of our supreme law. This process has allowed the Constitution to remain relevant for over two centuries while maintaining stability in our legal framework. For guidance specific to your situation, always consult a qualified, licensed attorney.