U.S. Constitutional Amendment Proposals

Constitutional Amendment Proposals in the U.S. Congress

• A balanced-budget amendment to the U.S. Constitution is slated for a House vote this week.
• These proposals have consistently failed in the past, most recently in 2011.
• Since 1999, 134 balanced-budget amendments have been introduced in the House or Senate, making them the most frequently proposed amendments.
• The current Congress alone has 18 such proposals, among 64 total amendments.

Difficulty of Amending the Constitution

• Amending the U.S. Constitution is arduous, requiring a two-thirds vote in both the House and Senate, followed by ratification by three-quarters of the states.
• Only 33 proposed amendments have been sent to the states, of which 27 were ratified, from roughly 12,000 proposals since the Constitutional Convention.
• Congress can call a convention to propose amendments if requested by two-thirds of the states; however, this has never happened.
• In contrast, India's constitution has been amended 101 times since its adoption nearly 69 years ago.

Frequency and Variety of Proposed Amendments

• Since 1999, approximately 747 proposed constitutional amendments, or about 75 per two-year term, have been introduced in Congress.
• These encompass various topics, including altering House terms, prohibiting the U.S. dollar's replacement, and more.
• The last instance of a proposed amendment gaining a two-thirds vote in both chambers was in 1978 (District of Columbia voting rights).
• Most proposed amendments don't progress beyond committee or subcommittee phases.

Analysis of Amendment Proposals

• Amendments often reflect political party affiliations.
  • Examples: Most balanced-budget proposals since 1999 had Republican lead sponsors (114 out of 134).
  • In relation to congressional term limits, 66 out of 69 proposed amendments were sponsored by Republicans. Democrats primarily sponsored proposals regarding campaign finance and contribution limits.
• Amendment proposals are often prompted by controversial court decisions or evolving social views.
  • Example: A surge in campaign-finance-related proposals following the Citizens United Supreme Court ruling (2010), and a decrease in proposals to ban same-sex marriages as public opinion shifted.
  • Example: Proposed amendments based on the Supreme Court's 2016 "one person, one vote" ruling and in response to the Citizens United ruling.
• Some members repeatedly present the same proposal.
  • Example: Rep. Jose Serrano reintroduced resolutions to repeal presidential term limits.

Amendment Success Rates

• Despite numerous proposals, nearly all amendments die in Congress.
• Only 20 proposals were voted by the full House or Senate since 1999, with this week's vote marking the 21st instance.
• One example is the ban on flag desecration, which passed the House multiple times from 1999 to 2006 before failing in the Senate.