Simone Lawson
The process of amending the US Constitution is outlined in Article V of the Constitution. Citizens can indirectly force a constitutional amendment by petitioning their state legislators to call for a constitutional convention. This requires two-thirds of state legislatures to apply for a convention for proposing amendments. However, it should be noted that no amendment has ever been proposed by a constitutional convention. The other method for proposing amendments is through Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Once proposed, an amendment becomes part of the Constitution when ratified by three-quarters of the state legislatures or ratifying conventions in three-quarters of the states.
| 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 |
| Who else can propose an amendment? | A constitutional convention called for by two-thirds of the State legislatures |
| What is required for an amendment to become part of the Constitution? | Ratification by three-fourths of the States (38 of 50 States) |
| Who certifies that the amendment is valid and has become part of the Constitution? | The Archivist of the United States |
| Can citizens amend the Constitution using methods not outlined in Article V? | Arguably yes, as suggested by Akhil Reed Amar in "The Consent of the Governed: Constitutional Amendment Outside Article V" |
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What You'll Learn
- Citizens can propose amendments via a constitutional convention
- Congress proposes amendments with a two-thirds majority vote
- Amendments must be ratified by three-fourths of state legislatures
- The Archivist of the US administers the ratification process
- Citizens can amend the Constitution outside of Article V
Citizens can propose amendments via a constitutional convention
Citizens can propose constitutional amendments via a constitutional convention, which is the second method provided by Article V of the US Constitution for amending the nation's frame of government. This method requires an application from the legislatures of two-thirds of the states (34 as of 1959) to call for a convention for proposing amendments.
This method has yet to be invoked, with all 33 amendments submitted to the states for ratification originating in Congress. However, it is important to note that Article V may not provide the exclusive procedures for amending the Constitution, as argued by Akhil Reed Amar in "The Consent of the Governed: Constitutional Amendment Outside Article V".
The first method outlined in Article V authorizes Congress to propose amendments whenever two-thirds of both Houses deem it necessary. Once an amendment is proposed by Congress or by a constitutional convention, it must be ratified to become part of the Constitution. Ratification can occur through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states, with each state's vote carrying equal weight.
The process of amending the Constitution is a significant aspect of the United States' democratic system, allowing for necessary changes to be made to the nation's governing document. While citizens can play a role in proposing amendments through the constitutional convention method, it is worth noting that the specific procedures and requirements outlined in Article V must be followed for any amendment to be valid.
Amendments in Congress: How Many Have Been Introduced?
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Congress proposes amendments with a two-thirds majority vote
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the first method for proposing amendments. Congress proposes an amendment in the form of a joint resolution, which is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
Since the founding of the United States, Congress has used this first method to propose 33 constitutional amendments. Twenty-seven of these amendments have been ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously. Six amendments adopted by Congress have not been ratified by the required number of states and are not part of the Constitution.
The second method for proposing amendments, which has never been used, is for Congress to call a constitutional convention at the request of two-thirds of the state legislatures. This method was designed to enable state legislatures to have a say in the constitutional amendment process and to act as a check on the national authority.
Once an amendment is proposed, either by Congress or by a constitutional convention, it must be ratified to become part of the Constitution. Ratification can be achieved through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The process of amending the US Constitution, as outlined in Article V, ensures that any changes made to the nation's governing document reflect the will of a supermajority of both Congress and the states. It provides a mechanism for citizens, through their elected representatives, to have a direct say in shaping the laws that govern them.
Amending the US Constitution: Ratification and Enumeration
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Amendments must be ratified by three-fourths of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process consists of two stages: proposing an amendment, and subsequent ratification. Amendments 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 state legislatures.
Once an amendment is proposed, it must be ratified to become part of the Constitution. This can be done in two ways, as determined by Congress: through ratification by state legislatures or by ratifying conventions. In either case, the amendment must be ratified by three-fourths of the states, or 38 out of 50 states. This ensures that any change to the Constitution reflects the will of a significant majority of the country.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including, on some occasions, the President. This process serves as official notice to Congress and the nation that the amendment has been successfully ratified and is now part of the Constitution.
While Article V outlines the procedures for amending the Constitution, some scholars argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. However, in practice, all 33 amendments submitted to the states for ratification have originated in Congress, and the convention option has yet to be invoked.
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The Archivist of the US administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist, who heads the National Archives and Records Administration (NARA), ensures that changes to the Constitution are carried out in accordance with the law. The Archivist's role is to uphold the integrity of the nation's governing institutions, setting aside personal opinions and beliefs.
After Congress proposes an amendment, the Archivist submits the proposal to the States for their consideration. The Archivist also receives the original version of all statutes of the United States once enacted. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Archivist does not make any substantive determinations regarding the validity of State ratification actions. However, they are responsible for certifying the facial legal sufficiency of ratification documents, which is a final and conclusive decision.
Once the Office of the Federal Register (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, serving as official notice to Congress and the nation that the amendment process is complete.
In addition to their role in the constitutional amendment process, the Archivist also has duties related to the custody of important documents, such as Electoral College documents during presidential elections and original statutes of the United States. The Archivist is appointed by the President and confirmed by the Senate, and they are responsible for safeguarding and making available valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights.
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Citizens can amend the Constitution outside of Article V
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution. The first method authorizes Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, to propose constitutional amendments. The second method requires Congress, on the application of the legislatures of two-thirds of the several States, to call a convention for proposing amendments.
However, it is important to note that Article V may not provide the exclusive procedures for amending the Constitution. Legal scholar Akhil Reed Amar argues in his essay, 'The Consent of the Governed: Constitutional Amendment Outside Article V', that citizens of the United States may amend the Constitution using methods not specifically outlined in Article V. This suggests that citizens can potentially play a role in amending the Constitution outside of the procedures outlined in Article V.
One way citizens can indirectly influence the amendment process outside of Article V is through their state legislatures. Citizens can lobby and advocate for their state legislators to propose and support specific amendments. By engaging in grassroots organizing, petitioning, and participating in the political process, citizens can make their voices heard and potentially influence the actions of their state legislators.
Additionally, citizens can play a role in the ratification process, which occurs after an amendment is proposed. Ratification requires the approval of three-fourths of the state legislatures or ratifying conventions in three-fourths of the states. Citizens can engage with their state legislators or participate in state conventions to influence the ratification process and ultimately shape the outcome of whether an amendment is adopted or rejected.
Furthermore, citizens can also propose and advocate for specific amendments through the initiative process in some states. While the initiative process is not directly applicable to amending the U.S. Constitution, it demonstrates citizen involvement in the amendment process at the state level. By utilizing the initiative process, citizens can propose and, through gathering enough signatures, place constitutional amendment proposals on state ballots, allowing for a direct vote on the amendment by the people.
In conclusion, while the primary authority to amend the Constitution rests with Congress and the state legislatures under Article V, citizens can still play an indirect yet important role in amending the Constitution outside of Article V. By engaging with their representatives, participating in the political process, and advocating for specific amendments, citizens can influence the direction of constitutional amendments and ultimately shape the fabric of the nation.
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Frequently asked questions
Citizens can force the creation of a constitutional amendment by applying pressure on two-thirds of the state legislatures to call for a constitutional convention. This convention would propose amendments, which would then need to be ratified by three-fourths of the state legislatures or conventions.
Article V of the United States Constitution outlines the procedure for altering the Constitution. It establishes two methods for proposing amendments: through 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.
Twenty-seven amendments have been ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously.
