# Current state
No proposed amendment has passed both chambers of Congress by 2/3, no Article V convention application count is close to 34 states, and the ERA remains blocked by the Archivist's Dec 2024 refusal and unresolved litigation. Kalshi prices this at 8.2% YES, near the low end of its trading range, reflecting near-consensus that no amendment will be added during Trump's second term.
# Timeline of key events
- 1992: Last constitutional amendment (27th) ratified — no new amendment since (confirmed, Wikipedia).
- 2020: ERA reaches 38-state ratification count on paper, but with disputed timing/rescissions (confirmed, legalclarity.org).
- 2024-12-17: Archivist of the United States formally refuses to certify/publish the ERA as the 28th Amendment, citing DOJ opinions that it expired (confirmed, claude_news).
- 2025-01-07/08: Sen. Cruz (SJRes.1) and Sen. Scott (SJRes.2) introduce term-limits/line-item-veto amendment resolutions in 119th Congress (confirmed, congress.gov).
- 2025 (Jan): Rep. Ogles introduces HJRes to allow a president three terms (confirmed, congress_bills/claude_news) — no committee action beyond referral.
- 2025 (throughout): Multiple additional amendment resolutions introduced (flag desecration, campaign finance, shutdown pay forfeiture, filibuster, balanced budget, citizen-only voting) — all referred to committee, none advanced (confirmed, congress.gov).
- 2026 (early): Kansas becomes 20th state to pass Convention of States application; ~14 states short of 34-state threshold (reported, Washington Examiner/legalclarity).
- 2026-03-24: Oral arguments held in Equal Means Equal v. Trump (Massachusetts federal court) on ERA ratification status (confirmed, claude_news); NC case dismissed and appealed; DC case pending.
- 2026-06-30: Supreme Court rules 6-3 against Trump's executive order limiting birthright citizenship, reaffirming 14th Amendment (confirmed, claude_news); Trump and Cornyn discuss statutory (not amendment) workarounds afterward.
# Event
Will a new constitutional amendment be ratified and added to the U.S. Constitution before Jan 20, 2029 (during Trump's second term)?
# Outcomes to forecast
- Yes
- No
# Kalshi market anchor
**Current YES price: 8.20%** (KXCONSTAMEND-29-JAN20). 7-day change: -1.10%; 30-day change: -0.40%. Price range over 52 data points: 7.10%–13.00% (trending down from early highs toward the low end). Average daily volume: 57 contracts (thin/low-liquidity market).
# Sub-question answers
1. **Kalshi price/volume/trend?** Currently 8.20% YES, down slightly over 7/30 days, trading range 7.1–13.0%, thin volume (~57/day) — market has consistently priced this as unlikely. [kalshi_direct]
2. **Base rate for amendment in 4-year window?** Full historical rate (1789-2025): ~23.5% empirical / Poisson. Post-1971 modern era: ~9.6-13.8%. No amendment since 1992 — 33-year gap, longest since the Bill of Rights era. [code_execution]
3. **Any amendment currently passed by 2/3 of both chambers, pending state ratification?** No. None of the 12 tracked joint resolutions in the 119th Congress have passed either chamber; all remain in committee. [congress_bills]
4. **Article V convention applications — how close to 34?** Convention of States Project has 20 states (Kansas joined ~early 2026); a separate balanced-budget-specific push has ~19. Both are 14+ states short of 34, with counting methodology disputed and some states rescinding. [claude_news, Wikipedia]
5. **Could ERA be certified as 28th Amendment?** Legally stalled: Archivist refused Dec 2024 citing expired deadline/DOJ opinion; congressional force-certification resolutions (HJRes.80, SJRes.38) have not passed either chamber; litigation (Equal Means Equal v. Trump, argued Mar 2026) is the only live path but no ruling favorable to ratification has been reported. [claude_news, Constitution Center]
6. **Any 2/3-vote-secured bipartisan proposals in 119th Congress (term limits, balanced budget, birthright citizenship)?** No. All relevant resolutions (term limits, balanced budget, birthright citizenship/voting) remain at committee referral stage with no floor votes reported; birthright citizenship efforts have shifted to statutory routes rather than amendment after SCOTUS's June 2026 ruling. [congress_bills, claude_news]
# Key facts (high-confidence, factual)
1. [Wikipedia] 27 amendments ratified since 1789; none since 1992 (27th Amendment).
2. [claude_news] Archivist refused ERA certification Dec 17, 2024, citing DOJ legal opinion that ratification deadline lapsed.
3. [congress_bills] 12+ amendment-proposing joint resolutions introduced in 119th Congress; all remain in committee, none passed either chamber.
4. [claude_news/Wikipedia] Convention of States has 20 state applications (as of ~Jan 2026); 34 needed to trigger a convention — never used in U.S. history.
5. [kalshi_direct] Market YES price 8.2%, thin volume, trending flat-to-down.
# Cross-market signals
- Kalshi related: KXAMEND25-29 (25th Amendment Section 4 invoked) trades at 28% — much higher, but distinct question (not a new amendment). KXSCOTUSCERT3RD (3rd Amendment SCOTUS case) at 6.9%, unrelated mechanism.
- Polymarket: No matching markets found (0/100 scanned).
- Sportsbook implied: N/A (not a sports event).
# Analyst opinions and speculation
- [claude_news] "No amendment effort is remotely close to the required 2/3 congressional supermajority or 38-state ratification" — overall assessment across ERA, Article V, term-limits, and birthright-citizenship tracks.
- [claude_news] Legal experts consider Trump third-term amendment "extraordinarily unlikely" despite bill introductions.
- Litigation (Equal Means Equal v. Trump) is the only plausible near-term path to a "Yes" resolution, via a favorable court ruling forcing ERA certification — but no ruling has been reported as of latest data, and courts have been mixed (NC case dismissed).
# Directional lean per outcome
- **Yes**: Weak support — only plausible path is ERA litigation forcing certification; no amendment resolution near 2/3 threshold in Congress; Article V convention 14+ states short.
- **No**: Strong support — historical modern-era base rate (~10-14%), no bill past committee, Archivist refusal stands, convention applications stalled, Kalshi pricing only 8.2%.
# Gaps / unknowns
- Outcome of Equal Means Equal v. Trump litigation and any appeals timeline before Jan 2029.
- Whether a favorable court ruling could itself trigger "Yes" resolution absent Archivist action (ambiguous resolution criteria not specified in rules).
- No polling/prediction-market cross-check beyond Kalshi itself.
# Calibration anchors
- Kalshi current YES price: **8.2%** (primary anchor).
- Modern-era (post-1971) base rate for amendment in any 4-year window: **~9.6-13.8%**, closely aligning with Kalshi's price.
- Full historical base rate: ~23.5%, but not reflective of current gridlock/legal thresholds.