Introduction:



The process of overhauling and modernizing the constitution has been going on from the beginning till today.

“One might say, “writes Munro, “ that it is amended every Monday morning when the supreme court hands down its decisions.”

The amendment process of the American constitution is very difficult and so far only 27 amendments have been made in the constitution.



Amending Process:


Article 5 of the constitution prescribes the amending process thus:

“ The congress, whenever the 2/3rd of both the houses shall deem it necessary, shall propose amendments to this constitution or one the application of the legislatures of the two- thirds of several states shall call a convention for proposing amendments, which is either case shall be valid, to all intents and purposes, as part of this constitution, when ratified by three-fourth legislatures of the several states or by convention in three-fourth thereof, as the one or the others made of ratification may be proposed by the congress.”



Analysis of the Amending Process:



“The American constitution “ , writes Lord Bryce , “has been worn away in one part, enlarged in another ,modified in a third way by the ceaseless influences playing upon the people. It has necessarily changed as the nation has changed. It has changed in the spirit with which men regard it and , therefore in its own spirit.”



The Amending process consists of two stages on of the proposal and the second of ratification. But according to the constitution these two stages can be conducted in four different ways:

• Proposal for Amendment by 2/3rd of the members of congress present and ratification by legislatures of 3/4 the of the 50 states.

• Proposal for Amendment by 2/3rd of the members of congress present and ratification by 3/4 th of states convention.

• Proposal for amendment by a national convention called by congress on request of 2/3rd of legislatures of several states and ratification by ¾ the state legislatures.

• Proposal for amendment by a national convention called by congress on request of 2/3 rd of legislatures of several states and ratification by 3/4th of states convention.




Time Limit for Ratification:

The constitution is silent over this question. The congress, may fix a time limit for such ratification, as it fixed 7 years as the maximum time for the ratification of 18th ,20th ,21st amendment.

The supreme court has held that amendment is a totally legislative measure and the assent of president is not required to a proposed amendment before being sent to the states. Similarly governor’s assent is not required to the amendments ratified by the state legislature.



Restrictions to the Amendment:


The constitution has itself laid down certain restrictions on its amendment .The artilcle 5 states that:

“No amendment which may be made prior to the year 1808, shall in any manner affect the first and the fourth clauses of the 9th section of the first article.” These clauses are related to the importation or migration of Negro slaves and related to capitation and direct tax respectively.

Similarly the article 5 states that “No state, without its approval, shall be deprived of the equal suffrage in the senate.” Thus, each of the 50 states enjoys equal suffrage in the senate. Similarly no state can be divided nor two states be combined together to form a single state without the assent of the legislature concerned. These restrictions are imposed to pressure the stability of the federal structure of the American union.

A survey of the 27 amendment shows that they have changed the original constitution but not fundamentally. The changes have been numerous but they were not related to the power or structure of the federal government.




Conclusion/Criticism of amending process:

It is difficult circuitous and complicated .The two-thirds majority vote is too great to be easily secured. As a result out of about 4000 proposals for amendment which have been made since 1787 only 27 have secured the required majority vote.
It is a very slow process. It involves two stages of proposal and ratification which makes it a sluggish process. As a result only 27 amendments have been made in a period of more than 200 years.

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