Jonah Patel
The United States Constitution has been amended 27 times since it was first drafted in 1787. The process of amending the Constitution is outlined in Article V, which states that amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of state legislatures or by ratifying conventions in three-fourths of states. This process is designed to be difficult and time-consuming, ensuring that only significant changes affecting all Americans or securing citizens' rights are made. While the exact ratification process is not detailed in Article V, it grants Congress the authority to determine the method of ratification. To date, all amendments have been ratified by state legislatures, except for the Twenty-First Amendment, which repealed Prohibition.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment ratification | Ratified by the Legislatures of three-fourths of the States |
| Number of amendments ratified | 27 |
| Number of amendments pending | 4 |
| Difficulty of the amendment process | Very difficult and time-consuming |
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What You'll Learn
The process of amending the US Constitution
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a constitutional convention called for by two-thirds of the state legislatures. It is important to note that none of the amendments to the Constitution thus far have been proposed by a constitutional convention. The President does not play a role in the amendment process, and the joint resolution does not require their signature or approval.
Once 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 follows procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur through one of two methods, as determined by Congress:
- Ratification by the legislatures of three-quarters of the states (38 out of 50 states).
- Ratifying conventions conducted in three-quarters of the states, which has only been used once in history for the 1933 ratification of the Twenty-First Amendment.
The Office of the Federal Register (OFR) plays a crucial role in the ratification process. It examines ratification documents for legal sufficiency and authenticating signatures. Once the OFR verifies 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 then 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 years, the signing of the certification has become a ceremonial event attended by dignitaries, including the President on some occasions. Overall, the process of amending the US Constitution involves a careful balance of proposals by Congress or state legislatures, followed by a rigorous ratification process overseen by the Archivist of the United States and the OFR, ultimately resulting in the formal inclusion of a certified amendment into the Constitution.
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Article V and the amendment process
Article V of the United States Constitution outlines the procedure for altering the Constitution. It grants the authority to amend the Constitution and establishes a two-step process for doing so: proposing an amendment and subsequent ratification.
Amendments can be proposed in two ways. 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 to become part of the Constitution. Ratification can occur through one of two methods, as determined by Congress:
- Ratification by the legislatures of three-quarters of the states (38 out of 50 states).
- Ratification by ratifying conventions in three-quarters of the states.
The first method is the most commonly used process, with the second method only being utilised once in American history for the 1933 ratification of the Twenty-First Amendment.
It is worth noting that Article V does not specify deadlines for the ratification of proposed amendments. However, most amendments proposed since 1917 have included a deadline for ratification. While legal scholars agree that the Article V amending process can be amended using the procedures within Article V, there is debate over whether Article V is the exclusive means of amending the Constitution.
Since the founding of the United States, Congress has proposed thirty-three amendments using Article V procedures, with twenty-seven of these amendments being ratified and becoming part of the Constitution.
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Ratification by state legislatures
The process of amending the United States Constitution is outlined in Article V of the Constitution. This article provides two methods for proposing amendments and two methods for ratifying them.
The first method of proposing an amendment is for two-thirds of both houses of Congress to deem it necessary. The second method is for two-thirds of state legislatures to apply for Congress to call a convention for proposing amendments.
Once an amendment has been proposed, it must be ratified. The first method of ratification is for three-fourths of state legislatures to ratify the amendment. The second method is for three-fourths of states to ratify the amendment through conventions.
The first method of ratification, by state legislatures, has been used for every amendment to the Constitution except one: the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
When an amendment is proposed, the Archivist of the United States submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor along with informational material. The Governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). The process of amending the Constitution is deliberately difficult and time-consuming. Of the more than 10,000 measures to amend the Constitution that have been proposed in Congress, only 27 amendments have been ratified and are now part of the Constitution.
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The role of Congress in proposing amendments
The United States Constitution grants Congress the authority to propose amendments. Article V of the Constitution outlines the process for amending the Constitution, which involves 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. This process is known as the first method of proposing amendments.
Congress plays a crucial role in initiating the amendment process. When Congress deems it necessary to propose an amendment, it does so in the form of a joint resolution. This resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process. Instead, the joint resolution is forwarded directly to the National Archives and Records Administration's (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. Additionally, they assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification. This information package is an essential step in the process, as it ensures that all relevant parties have access to the proposed amendment and understand the steps required for ratification.
Once the amendment is proposed by Congress, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. At this stage, Congress has specified whether the amendment should be submitted to State legislatures or if the state should call for a convention.
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The convention option for proposing amendments
Article V of the United States Constitution outlines the procedure for amending the Constitution. The Article establishes two methods for proposing amendments: the first involves a two-thirds vote in both houses of Congress, and the second is the convention option, which has never been used.
The convention option, also referred to as an Article V Convention, state convention, or amendatory convention, can be called for by Congress upon the request of two-thirds of the state legislatures (34 out of 50). This method allows state legislatures to propose amendments directly, bypassing the national legislature. The convention method was designed to address concerns about the potential abuse of power by the national legislature and to provide a mechanism for states to erect barriers against the encroachments of the national authority.
Despite calls for an Article V Convention, particularly on specific issues such as the balanced budget amendment, there are legal ambiguities and concerns surrounding the scope and potential consequences of such a convention. Scholars debate whether Congress can block or limit the scope of a convention, and there is uncertainty regarding the binding nature of a convention's proposals.
The convention option provides an alternative pathway for proposing amendments that empowers state legislatures and enables them to address perceived encroachments of national authority. However, the complexities and potential implications of convening such a convention have led to cautious consideration and ongoing discussions among legal experts and scholars.
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Frequently asked questions
The US Constitution derives its authority to amend from Article V. Amendments may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention requested by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states.
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 adopted and ratified simultaneously in 1791. Since then, there have been 17 additional amendments, with the most recent being the Twenty-First Amendment in 1933.
While there is no explicit mechanism to erase or repeal a Constitutional amendment, it is theoretically possible to do so through the amendment process outlined in Article V. A new amendment could be proposed and ratified to directly revoke or contradict the provisions of a previous amendment. However, amending the Constitution is intentionally designed to be a challenging and time-consuming process, making the erasure of an amendment a highly unlikely event.
