Can the Constitution be rewritten?
Asked by: Creola Hyatt | Last update: February 7, 2026Score: 4.2/5 (67 votes)
Yes, the U.S. Constitution can be rewritten or changed through the formal amendment process in Article V, which involves proposals by a two-thirds vote in Congress or a national convention, followed by ratification by three-fourths of the states, making it a difficult but possible process, as demonstrated by 27 existing amendments. While a complete overhaul (a new constitution) isn't a defined process, amendments allow for substantial changes, though they are rare due to the high supermajority requirements.
Is it possible for the Constitution to be changed?
Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states). Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).
How many times has the US Constitution been rewritten?
To date, the Constitution has been amended 27 times, most recently in 1992.
Can you rewrite a Constitution?
Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.
How often are constitutions rewritten?
The U.S. Constitution is difficult to change and has only been amended 27 times. State constitutions, on the other hand, are much easier to modify, and state constitutional amendments are adopted on a regular basis. The current constitutions of the 50 states have been amended around 7,000 times.
Why is the US Constitution so hard to amend? - Peter Paccone
Why is the U.S. Constitution so hard to amend?
The amendment process is very difficult and time consuming: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. The ERA Amendment did not pass the necessary majority of state legislatures in the 1980s.
How many times has the Constitution been corrected?
As of July 2025, there have been 106 amendments of the Constitution of India since it was first enacted in 1950.
How many votes does it take to change the US Constitution?
To amend the U.S. Constitution, a proposed amendment needs a two-thirds vote in both the House and Senate (or a national convention called by two-thirds of states), followed by ratification by three-fourths (currently 38 out of 50) of the state legislatures or state conventions.
Who has the power to change the Constitution?
Parliament alone is given the power to make changes to this framework under Article 368 [16]. Unlike ordinary laws,amendments to constitutional provisions require a special majority vote in Parliament.
Can the US Supreme Court overturn a constitutional amendment?
No amendment to the Constitution has ever been ruled unconstitutional by a court. Unlike the uncodified constitutions of many other countries, such as Israel and the United Kingdom, the codified US constitution sets high standards for amendments, but places few limits on the content of amendments.
Is God mentioned in the U.S. Constitution?
No, the U.S. Constitution does not explicitly mention God, Jesus, or Christianity; its framework is secular, focusing on governmental structure, though it mentions "religion" in the First Amendment to protect religious freedom and prohibit an established religion. The only divine reference is in the signing date, "in the Year of our Lord," a common phrase of the era, not a theological statement, notes TCU Magazine.
Can a president overturn an amendment?
But the president cannot repeal part of the Constitution by executive order. And Congress cannot repeal it by simply passing a new bill. Amending the Constitution would require a two-thirds vote in both the House and Senate, and also ratification by three-quarters of the states.
What are the 4 unratified amendments?
These unratified amendments address the size of the U.S. House (1789), foreign titles of nobility (1810), slavery (1861), child labor (1924), equal rights for women (1972), and representation for the District of Columbia (1978).
What would a 28th amendment be?
There isn't one single "28th Amendment" yet; the term most often refers to the Equal Rights Amendment (ERA), which aims to guarantee legal equality regardless of sex, though its official publication and enforcement remain debated, with other proposals also being discussed, like gun control or economic rights. The ERA, first proposed in 1923, passed Congress in 1972 but faces hurdles, with advocates arguing it's validly ratified and should be published as the 28th Amendment, while others propose new amendments for issues like gun safety or housing.
Can a Constitution be overturned?
'Ordinary statutes may be impliedly repealed. Constitutional statutes may not.
What is the 13th amendment about?
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.
Who can overrule the Constitution?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
What is the 368 amendment?
The general procedure laid down in article 368 is that a Bill for amendment of the Constitution may be introduced in either House of Parliament but it must be passed by a majority of total membership and 2/3rd majority of members present and voting in each of the two Houses and should receive the assent of the ...
Does anything supersede the Constitution?
The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law.
Who is trying to change the Constitution?
The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval.
What is the Godel loophole?
In his 2012 paper "Gödel's Loophole", F. E. Guerra-Pujol speculates that the loophole is that Article V's procedures can be applied to Article V itself. It can therefore be altered in a "downward" direction, making it easier to alter the article again in the future.
What percentage of Congress is needed to change the Constitution?
Jump to essay-2Id.; Nat'l Prohibition Cases, 253 U.S. 350, 386 (1920) ( The two-thirds vote in each house which is required in proposing an amendment is a vote of two-thirds of the members present—assuming the presence of a quorum—and not a vote of two-thirds of the entire membership, present and absent. ).
What is the 107th Amendment?
"107 amendment" refers to various legislative proposals or enacted changes, most prominently Oregon's Measure 107 (2020), which authorized campaign finance limits, and a U.S. House Joint Resolution (H.J.Res. 107) in the current 119th Congress (2025-2026) to prohibit non-citizens from voting in U.S. elections. Other examples include India's Constitution (107th Amendment) Bill, 2007, regarding the Gorkha Hill Council, and amendments to the U.S. Sentencing Guidelines or Federal Rules of Evidence (like Rule 107 for Illustrative Aids).
Which is the most amended Constitution in the world?
🇮🇳 India's Constitution is the world's longest: 146,385 words. It has been amended 100+ times.
When was the last time we changed the Constitution?
The Twenty-Seventh Amendment was accepted as a validly ratified constitutional amendment on May 20, 1992, and no court should ever second-guess that decision.