Congress' Power: Proposing Amendments

The United States Constitution, under Article V, allows Congress to propose amendments. This is done through a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. Following this, the states must decide whether to ratify the amendment, with three-quarters of the states needing to ratify for it to become part of the Constitution. Congress also has the ability to call a convention for proposing amendments upon the request of two-thirds of the states, although this method has never been used.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$103.22 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

Two-thirds majority in both houses

The United States Constitution derives its authority to amend from Article V, which outlines two methods for proposing amendments. The first method, which has been used for all amendments thus far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This process requires a joint resolution from Congress, bypassing the President, and is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

To achieve a two-thirds majority in both houses, Congress must ensure that two-thirds of the members present in each house vote in favour of the proposed amendment. This vote assumes the presence of a quorum, which is the minimum number of members required to be present for the proceedings to be considered valid. Obtaining this majority in both the House of Representatives and the Senate is crucial for an amendment to advance to the next stage of the ratification process.

Once the proposed amendment is forwarded to NARA, the Archivist of the United States, who heads NARA, delegates many of the duties to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.

The proposed amendment then enters the ratification process, where it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or ratifying conventions in three-quarters of the states. The process of ratification is not detailed in Article V, but it is facilitated by the Secretary of State and the Administrator of General Services until NARA assumed responsibility in 1985.

While Congress has proposed 33 amendments using this method, only 27 have been successfully ratified by the states and added to the Constitution. This highlights the significance of the two-thirds majority requirement in both houses, as it empowers Congress to initiate the amendment process and shape the future of the nation's governing document.

Ratification by three-quarters of states

The process of amending the Constitution of the United States is derived from Article V of the Constitution. The process begins with Congress proposing an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. After an amendment is proposed by Congress, it is submitted to the states for their consideration.

The states play a crucial role in the amendment process, as three-quarters of the states must ratify the proposed amendment for it to become part of the Constitution. This is known as "ratification by three-quarters of states" or "ratification by the legislatures of three-fourths of the several states." This means that out of the 50 states, 38 states must approve the amendment for it to pass. Each state's governor formally submits the amendment to their state legislature, and the state legislature can then choose to ratify the amendment.

It is important to note that Congress has the authority to determine the method of ratification. In most cases, amendments have been ratified by state legislatures. However, Congress can specify that states must call conventions for the sole purpose of deciding whether to ratify an amendment. This alternative method, known as "ratification by conventions in three-fourths of the states," has only been specified once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

The process of ratification by three-quarters of states is not bound by a specific time frame. In the case of the Twenty-Seventh Amendment, it took more than two hundred years for the necessary three-quarters of states to ratify it. However, for recent proposed amendments, Congress has set a seven-year limit for ratification to prevent such lengthy delays.

Once the required number of states has ratified the amendment, the Director of the Federal Register verifies the authenticated ratification documents. A formal proclamation is then drafted for the Archivist of the United States 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.

The President's non-involvement

The President has no constitutional role in the amendment process. The joint resolution proposing an amendment does not require presidential approval before it goes out to the states. This is because Article V of the Constitution, which describes the procedure for altering the Constitution, does not require amendments to be placed before the President for approval or veto.

In the case of Hollingsworth v. Virginia (1798), the Supreme Court affirmed that presidential approval is unnecessary for a proposed amendment. The Court's opinion stated that "the negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution." This precedent has been upheld in subsequent cases, including Hawke v. Smith (1920) and INS v. Chadha (1983).

While the President does not have a direct role in proposing or approving amendments, they may be involved in other ways. For example, in recent history, the President has been present at the ceremonial signing of the certification of a new amendment. Additionally, there have been instances where the President has signed amendments, such as the Corwin Amendment signed by President James Buchanan in 1861 and the Thirteenth Amendment signed by President Abraham Lincoln in 1865. However, Congress later affirmed that the presidential signature was unnecessary for the Thirteenth Amendment.

In summary, while the President may be peripherally involved in the amendment process, they do not have a formal role in proposing or approving amendments to the Constitution. This power rests with Congress and the state legislatures, as outlined in Article V.

Explore related products

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$16.7 $26.99

A Companion to the United States Constitution and Its Amendments

$34.65 $45

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

Congress's independent machinery

The authority to amend the US Constitution is derived from Article V of the Constitution. This article outlines two methods for proposing amendments. The first method, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is Congress's independent machinery for proposing amendments. The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of the state legislatures.

The independent machinery of Congress in proposing amendments provides a streamlined approach. It bypasses the need for a convention and allows Congress to take the lead in initiating constitutional changes. This process has been utilized for all 33 amendments submitted to the states for ratification. However, it's important to note that out of these 33 amendments, only 27 have been ratified by the required three-quarters of the states and have become part of the Constitution.

While Congress has the power to propose amendments independently, the ratification process involves the states. After an amendment is proposed, it is sent to the states for their consideration. The states have the final say in whether the amendment becomes part of the Constitution. This ensures that any changes to the Constitution reflect the will of a significant majority of the country.

In conclusion, Congress's independent machinery for proposing amendments is a significant aspect of the constitutional amendment process. It empowers Congress to initiate changes to the Constitution directly. However, the process also involves the states in ratifying the amendments, ensuring that any alterations to the nation's foundational document reflect the consensus of a substantial portion of the country.

Article V's two methods

Article V of the United States Constitution outlines two methods for proposing amendments to the Constitution. The first method, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This method gives Congress the initiative to propose amendments directly. However, it also requires a high threshold of support, ensuring that amendments have broad bipartisan backing.

The second method, which has never been used, is a state-led process. It allows states to bypass Congress and propose amendments through a constitutional convention called for by two-thirds of state legislatures. This method empowers states to initiate changes to the Constitution independently, but it has not been utilised in practice.

The first method, led by Congress, follows a well-established path. Once an amendment is proposed by Congress, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-quarters of the states, either through their legislatures or ratifying conventions. This process ensures that any changes to the Constitution reflect the will of a significant majority of the country.

The second method, involving a constitutional convention, has sparked debates among scholars. Some argue that Congress must call a convention upon receiving applications from two-thirds of the states. Others question whether Congress has the discretion to determine the scope and rules of such a convention. Despite these debates, the convention method has never been invoked, and all amendments to date have originated in Congress.

In conclusion, Article V's two methods for proposing amendments reflect a delicate balance between federal and state powers in the amendment process. While Congress has the authority to initiate amendments directly, the requirement for a supermajority vote ensures that amendments reflect broad consensus. Simultaneously, the state-led process empowers states to propose amendments independently, providing an alternative route for constitutional change.

Frequently asked questions