Isabella Carter
The United States Constitution was written to endure for ages, and amending it is a difficult and time-consuming process. Article V of the Constitution outlines two methods for proposing amendments: the first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method, which has never been used, 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 to become part of the Constitution. This process ensures that any changes to the Constitution are carefully considered and have a significant impact on the nation.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Ratification by three-fourths of state legislatures or ratifying conventions in three-fourths of states |
| Role of President | No constitutional role in the amendment process |
| Role of Archivist of the United States | Administering the ratification process and certifying the validity of the amendment |
| Role of Director of the Federal Register | Receives and maintains custody of ratification documents |
| Number of amendments to the Constitution | 27 |
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What You'll Learn
Two-thirds majority in Congress
The United States Constitution is considered a document designed to "endure for ages to come". Chief Justice John Marshall wrote these words in the early 1800s, and they have proven true. The Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending it is intentionally difficult and time-consuming.
Article V of the Constitution outlines two methods for proposing amendments. The first method, which has been the only method used thus far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is a significant hurdle as it requires a substantial level of agreement across political divides. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method allows states to prod Congress into proposing an amendment on a particular matter by applying for an Article V convention on that issue. There is debate among scholars and early Members of Congress about whether Congress can refuse to call a convention once it receives the requisite number of applications.
When an amendment is proposed, either by Congress or a constitutional convention, it must then undergo the process of ratification. Ratification can occur in one of two ways, as determined by Congress: through the legislatures of three-fourths of the states (38 out of 50 states) or through ratifying conventions in three-fourths of the states. This second method of ratification has only been used once in American history, with the 1933 ratification of the Twenty-First Amendment, which repealed Prohibition.
The process of amending the Constitution is deliberately challenging, ensuring that only significant and widely supported changes become part of this enduring document.
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Convention called by two-thirds of state legislatures
Article V of the United States Constitution outlines two methods for proposing amendments. The first method, which has been used for all 27 amendments to date, involves a two-thirds majority vote in both the House of Representatives and the Senate.
The second method, which has never been used, is a convention called by two-thirds of state legislatures. This method allows states to potentially influence Congress to propose an amendment on a specific issue. While Congress is responsible for calling the convention, there is debate over whether they can refuse to do so once the requisite number of state applications has been received.
When enough states have applied for a convention, Congress is obliged to call for one. This process is outlined in Article V, which states that Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method of proposing amendments has sparked extensive debate among scholars, with some arguing that Congress cannot refuse to submit a proposed amendment to the states.
To initiate the amendment process, two-thirds of the state legislatures can request that Congress call a Constitutional Convention. This option has never been exercised, but it has garnered support from individuals such as retired federal judge Malcolm R. Wilkey, who believes that a convention could address issues like gridlock and the excessive influence of interest groups.
Once a convention is called, amendments can be ratified by one of two methods: by the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. The latter method has only been used once in American history, during the 1933 ratification of the Twenty-First Amendment, which repealed Prohibition.
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Ratification by three-quarters of state legislatures
The United States Constitution can be amended without a convention, and this has been the case throughout its history. Article V of the Constitution provides the authority to amend it, and outlines two methods for doing so.
The first method, which has been used for all 27 amendments, involves a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a role in this process. The second method, which has never been used, involves a constitutional convention called for by two-thirds of state legislatures.
Once an amendment has been proposed, it must be ratified. Congress determines the method of ratification. The first option is for three-quarters of state legislatures to ratify the amendment, and this has been the case for all amendments except one. The second option is for three-quarters of states to hold ratifying conventions, which has only been used for the Twenty-First Amendment, repealing prohibition.
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. When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist, who then passes it to the Director of the Federal Register. The OFR examines these documents for authenticity and legal sufficiency. If they are in order, the Director acknowledges receipt and maintains custody. Once the required number of ratification documents has been received, the Archivist certifies 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 that the amendment process is complete.
In summary, while the Constitution can be amended without a convention, and this has been the case for all amendments except one, Article V does provide for a convention as an alternative method of proposing amendments. However, this has never been used. The ratification process, overseen by the Archivist of the United States, ensures that amendments are validly adopted and properly recorded.
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Ratification by convention in three-quarters of states
The Constitution of the United States can be amended in two ways. The first method is for two-thirds of both Houses of Congress to propose amendments, which are then ratified by three-quarters of the states. The second method, which has never been used, is for two-thirds of the state legislatures to call for a convention to propose amendments, which are then ratified by three-quarters of the states.
The first method is initiated by Congress, which proposes an amendment in the form of a joint resolution. This resolution is forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. It also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
Once the states receive the proposed amendment, they can choose to ratify it. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50). The OFR then 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 that the amendment process has been completed.
The second method, as provided by Article V of the Constitution, allows for a convention of the states to propose amendments. This method has been debated by scholars and has never been used. It requires two-thirds of the state legislatures to apply for a convention, at which amendments can be proposed regardless of Congress's approval. The amendments proposed at the convention are then sent to the states for ratification.
To date, the only amendment that has been ratified by convention in three-quarters of the states is the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition. In 1933, Congress specified that this amendment must be ratified by "conventions in three-fourths of the several States" for it to become operative. Thirty-eight state conventions considered the ratification, and most delegates were pledged to vote for the repeal. This method was chosen to bypass the Temperance lobby, which remained powerful in state legislatures, and to increase the chances of successful ratification.
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Article V convention
Article V of the U.S. Constitution outlines a method to propose amendments whereby Congress shall call a convention when two-thirds of state legislatures (34 out of 50 states) apply for one. This method has never been used, and there are no rules outlined in the Constitution for how an Article V Convention would function.
The Article V convention method is one of two ways to propose amendments to the Constitution. The other method is a two-thirds vote in both houses of Congress, which has been used to propose 33 amendments, 27 of which have been ratified by three-fourths of the states.
There is debate and concern surrounding the Article V convention method, as there are no rules in place to limit the convention to a single issue. This means delegates could propose amendments that revoke citizens' rights. There is also no process in place to limit the influence of corporations or special interest groups.
In recent years, there have been calls for an Article V Convention, with four major campaigns: the Balanced Budget Amendment (BBA) campaign, the Convention of States (COS) campaign, the Wolf-PAC campaign, and the term limits campaign. These campaigns have convinced 28 states to call for a convention, with 34 states needed to reach the two-thirds threshold. Some states, such as Colorado and Illinois, have passed resolutions withdrawing their petitions.
Supporters of an Article V Convention argue that it is a way to rein in the federal government and address issues like the national debt. Critics, including civil liberties groups and legal scholars, argue that it could lead to uncertainty, economic instability, and a rewriting of the Constitution to benefit extremist and wealthy special interests.
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Frequently asked questions
The Constitution provides that an amendment may be proposed either 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 proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
No. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The first method, requiring a two-thirds majority vote in both the House of Representatives and the Senate, is the only method for proposing amendments that has been used thus far.
Scholars debate whether Congress must call a convention upon the request of two-thirds of the states. Some scholars argue that Congress cannot refuse to submit a proposed amendment to the states, while others argue that Congress has no power to deliberate on whether to call a convention once it receives the requisite number of applications.
