Jonah Patel
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. The process of amending the Constitution is deliberately made difficult and time-consuming, with only 27 successful amendments since the Constitution was drafted in 1787.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposer | Constitutional convention called for by two-thirds of the State legislatures |
| Amendment proposal format | Joint resolution |
| Amendment proposal count | 33 |
| Amendments ratified | 27 |
| Amendments not ratified | 6 |
| Ratification method | Three-fourths of the state legislatures or three-fourths of state ratifying conventions |
| Number of states required for ratification | 38 of 50 |
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What You'll Learn
The process of amending the US Constitution
The first step is for a constitutional amendment to be proposed. This is usually done by a federal legislator or legislative committee, which puts forward a bill asking for an amendment. For the proposal to be official, it must pass both houses of the legislature with a two-thirds majority in each. When the House of Representatives and the Senate approve with a two-thirds majority vote, it is known as a joint resolution.
The second method of proposing an amendment is for two-thirds of the states to ask Congress to call a constitutional convention. However, this has never happened successfully.
Once an amendment is proposed, it is sent to the governor of each state. The states then vote on whether to ratify the amendment in their state legislatures or may be required to call special ratification conventions. An amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50).
The Office of the Federal Register at the National Archives keeps track of how the states vote and examines ratification documents for facial legal sufficiency and an authenticating signature. Once the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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The role of Congress in proposing amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress plays a crucial role in proposing amendments, which can be done in two ways. Firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is the most common method, with Congress having proposed thirty-three amendments using this procedure since the founding of the nation. However, out of these thirty-three proposals, only twenty-seven were ratified by the states.
The second method is for Congress to call a constitutional convention at the request of two-thirds of the state legislatures. This method has never been used. Once an amendment is proposed, either by Congress or a constitutional convention, it is submitted to the states for ratification.
The role of Congress in the amendment process is significant. Congress determines the method of ratification that the states must follow. The first method of ratification requires three-quarters of the state legislatures to approve the amendment. The second method, specified by Congress only once for the Twenty-First Amendment, requires three-quarters of state ratifying conventions to approve the amendment.
After an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
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Ratification by state legislatures or conventions
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR also assembles an information package for the States, which includes formal copies of the joint resolution and the statutory procedure for ratification.
The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. State legislatures can propose a resolution, memorial, or proclamation of ratification and vote on it in each chamber. This process is relatively simple and straightforward.
However, the convention method of ratification, as described in Article V, offers an alternative route for considering the pros and cons of a proposed amendment. This method was designed to potentially bypass the state legislatures in the ratification process. It approximates a one-state, one-vote national referendum, allowing the sentiments of registered voters to be more directly considered on sensitive issues.
In the convention method, delegates are elected using statewide block voting, with candidates listed on the ballot based on their stance on the proposed amendment. The convention meets shortly after the election, and a majority of delegates form a quorum. The specific procedures for convening, selecting delegates, and conducting the proceedings vary across states.
The Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition, is the only amendment that has been ratified through the convention method. In 1933, thirty-eight state conventions considered the ratification of this amendment, following diverse procedures.
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The Archivist's role in the amendment process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of amendments to the Constitution. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, following established procedures and customs.
Once Congress proposes an amendment, the Archivist submits it to the States for their consideration by sending a letter of notification to each Governor, along with informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines these documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The Archivist's certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete. This certification is final and conclusive regarding the facial legal sufficiency of ratification documents.
The Archivist's role is to uphold the integrity of the constitutional amendment process, ensuring that changes to the Constitution are carried out according to established legal processes and decisions.
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The difficulty of amending the Constitution
The United States Constitution was written to "endure for ages to come". To ensure its longevity, the framers made it a challenging task to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later.
The second step in the amendment process is ratification by the states. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). This requirement ensures that any amendment has broad support across the country and is not just representative of a single region or ideology. The states have ratified 27 of the 33 proposed amendments, with the remaining six not gaining sufficient support.
The process of amending the Constitution is deliberately challenging and time-consuming. It requires consensus-building, negotiation, and a broad consensus among lawmakers and the public. The high bar set for amending the Constitution ensures that any changes made are carefully considered and have enduring significance for the nation.
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Frequently asked questions
The US Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request Congress to call a constitutional convention to propose an amendment. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the state legislatures.
The US Constitution has been amended 27 times since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified in 1791. The most recent amendment was the 27th Amendment, which was ratified in 1992, 203 years after it was first proposed in 1789.
The Archivist of the United States is responsible for administering the ratification process. Once the required number of authenticated ratification documents is received by the OFR, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the Nation that the amendment process has been completed.
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