Legal Definitions - constitutional amendment

A constitutional amendment is a formal, legally binding alteration or addition to the United States Constitution. This process allows the fundamental governing document of the nation to be updated or expanded to address new challenges, reflect evolving societal values, or clarify existing provisions. For an amendment to become part of the Constitution, it must first be proposed, typically by a two-thirds vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the states. Once proposed, it must then be ratified, meaning approved, by three-fourths of the states. This rigorous process ensures that changes to the Constitution are made with broad consensus across the country.

Here are some examples of how constitutional amendments have shaped American law and society:

• Scenario: Following the Civil War, the nation sought to formally end the institution of slavery across all states and territories.

  Explanation: The Thirteenth Amendment was proposed by Congress in 1865 and subsequently ratified by the necessary number of states. It added a new provision to the Constitution, declaring that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." This permanently abolished slavery, fundamentally changing the legal and social fabric of the country by formally adding a new prohibition to the nation's supreme law.

• Scenario: For decades, women's suffrage movements advocated for the right of women to vote in all elections, challenging state laws that restricted this right.

  Explanation: The Nineteenth Amendment was proposed by Congress in 1919 and then ratified by the states in 1920, adding a clause to the Constitution that states, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." This formal addition expanded voting rights to millions of American women, demonstrating how an amendment can broaden democratic participation and ensure equality in fundamental civic duties.

• Scenario: After Franklin D. Roosevelt served an unprecedented four terms as president, there was a widespread desire to formalize a limit on how many times an individual could be elected to the nation's highest office.

  Explanation: The Twenty-Second Amendment was proposed by Congress in 1947 and ratified by the states in 1951 to add a new restriction to the presidency. It stipulates that no person can be elected to the office of President more than twice. This amendment formally revised the powers and limitations of the executive branch, ensuring a peaceful transfer of power and preventing any single individual from holding the highest office indefinitely by adding a new rule to the Constitution.