Isabella Carter
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. A bill can 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. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the States. The President does not have a constitutional role in the amendment process, however, in recent history, the certification of an amendment has been signed by the President as a witness.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Constitutional convention called for by two-thirds of the State legislatures | |
| Amendment proposal format | Joint resolution |
| Who cannot amend | The President |
| Number of amendments proposed by constitutional convention | 0 out of 27 |
| Number of amendments Congress proposed but not ratified by states | 6 |
| Amendment ratification | Achieved when ratified by three-fourths of the States (38 of 50 States) |
| Who verifies ratification | OFR |
| Who signs the certification | The Archivist of the United States |
| Who attends the signing ceremony | Various dignitaries, including the President |
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What You'll Learn
The legislative process
In the United States, the legislative process for amending the Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method involves both the House of Representatives and the Senate proposing an amendment with a two-thirds majority vote in each chamber. This vote pertains specifically to the members present, assuming a quorum, rather than the entire membership. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.
Bills can originate in either the House of Representatives or the Senate, with one notable exception pertaining to revenue bills, which must originate in the House. The Constitution grants each house the authority to establish its rules of proceeding, allowing for flexibility in the legislative process. The Senate, for instance, operates under continuous standing rules that it amends as needed, while the House of Representatives adopts new rules at the beginning of each Congress.
Once a bill is proposed, it undergoes a thorough discussion and consideration process. This includes examining the potential impact on existing laws and the population at large. The open nature of this process allows for amendments to be suggested and incorporated, improving the bill before it becomes law. The full discussion also serves as a safeguard, as proposals must be approved by both houses of Congress before becoming law, ensuring that all sides are considered.
After a bill is approved by Congress, it enters the ratification process. In the context of amending the Constitution, ratification requires approval by three-fourths of the states (38 out of 50). This process is administered by the Archivist of the United States, who delegates certain duties to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This certification is published in the Federal Register, marking the completion of the amendment process.
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The role of Congress
The legislative process in the United States is a foundational aspect of its representative system. The legislative process ensures that all sides of an argument are heard and that proposals are thoroughly discussed and improved before becoming law. This process is a key function of Congress.
Congress plays a crucial role in amending the Constitution. According to Article V of the Constitution, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is the first of two methods outlined in Article V for proposing amendments. The second method involves a constitutional convention called for by two-thirds of the state legislatures, but this method has never been used to propose any of the 27 amendments to the Constitution.
The House of Representatives and the Senate have equal legislative functions and powers, with a few exceptions. For example, the Constitution stipulates that all bills for raising revenue must originate in the House of Representatives, and the Senate may propose amendments to these bills. By tradition, general appropriation bills also originate in the House.
The legislative process in Congress involves the introduction of bills, which can be proposed by members of Congress in response to various factors, such as election campaigns, petitions from constituents, or the need to amend or repeal existing laws. These bills are then discussed and voted on by both Houses of Congress, with the opportunity for amendments to be made before a final decision is reached.
Once Congress proposes an amendment to the Constitution, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
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The role of the House of Representatives
The House of Representatives plays a crucial role in the legislative process and, by extension, in amending the Constitution. Both the House and the Senate have equal legislative functions and powers, with some exceptions. One notable exception is that all bills for raising revenue must originate in the House of Representatives, as outlined in Article I, Section 7 of the Constitution. Additionally, by tradition, general appropriation bills also originate in the House.
The House of Representatives has the authority to initiate the process of amending the Constitution. According to Article V of the Constitution, the House, along with the Senate, can propose constitutional amendments with a two-thirds majority vote. This process empowers the House to play an active role in shaping the direction of the country by introducing and advocating for potential changes to the nation's founding document.
The legislative process in the House involves the introduction of bills, which are proposed laws. Members of the House can introduce bills based on their election campaign promises or in response to the needs of their constituents. The right to petition, guaranteed by the First Amendment, allows citizens to transmit their proposals and ideas for legislation to their representatives.
Once a bill is introduced in the House, it undergoes a series of steps, including committee consideration, debate, amendment, and voting. The House determines the rules of its proceedings, adopting new rules at the beginning of each Congress. This flexibility allows the House to adapt its procedures to the needs of the current legislative session.
The House's role in the legislative process, including amending the Constitution, ensures that laws and proposed amendments undergo thorough discussion and consideration. This safeguards the interests of the minority and ensures that all sides have the opportunity to be heard, contributing to the democratic nature of the legislative system.
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The role of the Senate
The legislative process in the United States is a cornerstone of its democratic system, with its emphasis on minority protection and allowing all sides to be heard. The legislative process is how a bill becomes a law, and it involves both the Senate and the House of Representatives. The Senate and the House of Representatives have equal legislative functions and powers, and a bill can originate in either chamber. However, there is one notable exception: Article I, Section 7 of the Constitution states that all bills for raising revenue shall originate in the House of Representatives. By tradition, general appropriation bills also originate in the House.
The Senate's role in the legislative process is critical. Each Senator has one vote, and together with the House of Representatives, they can propose amendments to the Constitution with a two-thirds majority vote. This is the first method by which the Constitution can be amended. The second method is by a constitutional convention called for by two-thirds of the State legislatures. It is important to note that none of the 27 amendments to the Constitution have been proposed by constitutional convention.
The Senate can propose, or concur with, amendments to bills for raising revenue that originate in the House of Representatives. This is in keeping with the Senate's role as a continuing body that operates under continuous standing rules that it amends from time to time. Senators may propose drafts of bills based on ideas conceived during their election campaigns or after taking office. Senators' constituents may also transmit their proposals to the Senator through their right to petition, which is guaranteed by the First Amendment to the Constitution.
The Senate also has the role of choosing the Vice President from the two candidates with the largest number of votes for that office. This is an important function that further underscores the Senate's role in the legislative process and its broader implications for governance.
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Ratification process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval.
The other option is for a constitutional convention to be called for by two-thirds of state legislatures. This has never been done.
Once an amendment has been proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist officially notifies the states, by a registered letter to each state's Governor, that an amendment has been proposed. Each Governor then formally submits the amendment to their state legislature or ratifying convention, depending on what Congress has specified.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them. When the OFR verifies that it has received the required number of authenticated ratification documents, it 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 U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, sometimes including the President.
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Frequently asked questions
Article V of the US Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
Yes, a bill can propose an amendment to the Constitution. However, it must follow the amendment process outlined in Article V and be ratified by a sufficient number of states.
The amendment process involves both Congress and the states. Congress proposes amendments, and the states ratify them. Within Congress, both the House of Representatives and the Senate play a role in proposing amendments. The President does not have a constitutional role in the amendment process.
The 27th Amendment, which was certified in 1992, is the most recent amendment to the US Constitution.
