Omar Bennett
The process of amending the US Constitution is outlined in Article V of the Constitution. It involves two methods: Congress proposing an amendment with a two-thirds majority vote in both houses or a constitutional convention called for by two-thirds of state legislatures. While Congress has used these procedures to propose amendments, some argue that the people may amend the Constitution using methods outside of Article V. Once an amendment is proposed, it becomes part of the Constitution upon ratification by three-fourths of the states. This can be done through state legislatures or conventions, with Congress deciding the mode of ratification. The President has no official role in the amendment process, and no further action is required after ratification. The process is challenging, with over 10,000 measures proposed but only 33 amendments approved by Congress for ratification. State legislatures generate most amendments, and some states allow for citizen-initiated amendments.
| 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 or by a constitutional convention called for by two-thirds of the State legislatures |
| Is the President's approval required? | No |
| Who administers the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| How does an amendment become part of the Constitution? | Ratification by three-fourths of the States (38 out of 50) |
| Is there a deadline for ratification? | No, but in practice, since 1917, all amendments except two have included a deadline |
| Who decides the ratification method? | Congress |
| What are the two methods of ratification? | Ratification by three-fourths of state legislatures or by conventions in three-fourths of states |
| How are amendments proposed at the state level? | Varying requirements, some require majority support, others require supermajority support; 10 states allow approval by a majority in a single session, 9 require three-fifths supermajority, and 16 require a two-thirds supermajority |
| Are there other paths to enacting amendments? | Yes, 17 states allow citizen-initiative processes |
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What You'll Learn
The authority to amend the US Constitution
Once an amendment is proposed, it must be ratified to become part of the Constitution. Article V sets forth two methods for states to ratify amendments: ratification by the legislatures of three-fourths of the states (38 out of 50 states), or by conventions in three-fourths of the states. Congress determines which method the states must follow for each proposed amendment. The ratification process does not require the approval or signature of the President, as per the Supreme Court ruling in Hollingsworth v. Virginia (1798).
The process of amending the Constitution is challenging and time-consuming. In addition, the Constitution does not specify whether Congress can set a time limit for state ratification of amendments. However, since 1917, it has been common practice for Congress to include a ratification deadline in the proposed amendment or the joint resolution transmitting it to the states.
While Article V outlines the procedures for amending the Constitution, some scholars argue that it does not provide the exclusive methods for doing so. They suggest that the people of the United States may amend the Constitution using methods not outlined in Article V. Additionally, State legislatures play a significant role in generating and proposing amendments, with over 80% of constitutional amendments considered and approved annually originating from them.
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Two methods for states to ratify amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. It sets forth two methods for states to ratify amendments to the Constitution.
The first method of ratification requires three-fourths of the state legislatures (38 out of 50 states) to approve a proposed amendment. This can be done either by a majority or supermajority vote, depending on the specific requirements of each state. Some states require only a simple majority, while others mandate a supermajority, such as a three-fifths or two-thirds vote. This method involves the state legislatures directly voting on the proposed amendment.
The second method involves Congress requiring three-fourths of state ratifying conventions to approve a proposed amendment. In this process, states hold conventions, which are gatherings of delegates, to discuss and vote on the proposed amendment. The approval of three-fourths of the states is still necessary for the amendment to be ratified. Congress decides which method of ratification will be used for each individual amendment, as affirmed by the Supreme Court in United States v. Sprague (1931).
It is important to note that the President does not have a constitutional role in the amendment process, and their approval is not required for an amendment to become valid. The process of amending the Constitution is deliberately difficult and time-consuming, ensuring that any changes made are carefully considered and broadly supported.
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The role of the President in the amendment process
The US Constitution does not outline a specific role for the President in the amendment process. The Supreme Court has also articulated the same understanding, stating that the President has no formal constitutional role in amending the Constitution. This was established in the 1798 case of Hollingsworth v. Virginia, where the Court held that the President has nothing to do with the proposition or adoption of amendments. This view was further reinforced in the 1920 case Hawke v. Smith, where the Court cited Hollingsworth as having "settled" that a constitutional amendment does not require the President's action.
Despite this, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. This role is now primarily fulfilled by the Archivist of the United States, who is responsible for certifying a state's ratification of a constitutional amendment and administering the overall ratification process.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For instance, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. However, it is important to note that the President's signature is not legally required for the ratification of an amendment, as demonstrated by President Jimmy Carter's unnecessary signature on a joint resolution extending the deadline for the Equal Rights Amendment.
While the President does not have a formal role in proposing or adopting amendments, they can influence the amendment process by endorsing certain amendment proposals. For example, President Clinton endorsed the idea of a crime victims' rights amendment. Additionally, the President can play a role in interpreting and enforcing constitutional amendments, as they are responsible for ensuring that the Constitution is faithfully executed.
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Congress's role in proposing and approving amendments
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress plays a crucial role in proposing and approving amendments, as outlined below.
Proposing Amendments
Congress can propose amendments to the Constitution in two ways:
- Congressional Proposal: Whenever two-thirds of both Houses of Congress (the House of Representatives and the Senate) deem it necessary, they can propose amendments. This is done through a joint resolution, which requires a two-thirds majority vote in both chambers.
- Constitutional Convention: If two-thirds of the State legislatures (or States) request it, Congress shall call a Constitutional Convention for proposing amendments. However, this method has never been used.
Approving Amendments
Once an amendment is proposed, Congress determines the method of ratification. There are two ways to ratify an amendment:
- Legislative Ratification: The proposed amendment must be ratified by the legislatures of three-fourths of the States (38 out of 50 States).
- Convention Ratification: Three-fourths of state ratifying conventions must approve the proposed amendment.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register as official notice to Congress and the Nation.
It is important to note that the President does not have a constitutional role in the amendment process. While the President may play an informal, ministerial role, the Supreme Court has affirmed that their involvement is not necessary for the proposal or ratification of an amendment.
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State-specific requirements for legislative approval
The requirements for legislative approval to amend the US Constitution are set out in Article V of the Constitution. An amendment may 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 has been proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. While this is a federal requirement, each state has its own specific requirements for legislative approval of amendments. Some require the backing of a majority of legislators, while others require supermajority legislative support.
For example, in Florida, citizen-initiated amendments must obtain signatures equalling at least 8% of the district-wide vote in the most recent presidential election in at least half (14) of the state's 27 congressional districts. A 60% vote is required for voter approval. In contrast, in Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. However, this cannot be met in practice because the state only has four congressional districts following reapportionment in 2001.
Some states, like Minnesota, require a two-thirds (66.67%) vote in each chamber during one legislative session to send a constitutional convention question to voters. A simple majority vote by the electorate is then required to call the convention, and any proposed amendments must be ratified by 60% of the electorate.
The legislatures of 49 states vote on constitutional amendments before referring them to the ballot for voter consideration. Delaware is the exception, with the legislature voting on amendments but not requiring voter approval. Of the 49 states requiring voter approval, 36 require legislatures to approve amendments during one legislative session, four require approval during one or two successive sessions (depending on whether a simple or supermajority is achieved), and the remaining nine require approval in two consecutive legislative sessions.
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Frequently asked questions
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, or by a constitutional convention called for by two-thirds of the State legislatures. After 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, congressional approval is required for proposing amendments to the US Constitution. As mentioned earlier, Congress can propose amendments with a two-thirds majority vote in both houses. However, it's important to note that the President does not have a constitutional role in the amendment process, and their approval is not necessary.
While congressional approval is necessary to propose amendments, there are alternatives to the traditional process. One alternative is for two-thirds of the State legislatures to call for a constitutional convention, bypassing the need for Congress to initiate the amendment process. Additionally, in some states, there are citizen-initiative processes that provide another path for enacting amendments without direct congressional involvement.
Amending the US Constitution is a challenging and time-consuming process. It requires significant support, with a two-thirds majority in Congress or among State legislatures to even propose an amendment. Once proposed, ratification by three-fourths of the States is necessary. This high bar ensures that amendments reflect broad consensus and protect the stability of the nation's foundational document.
