Malcolm Rivera
The United States Constitution outlines two methods for proposing amendments. The first method involves Congress proposing amendments with a two-thirds majority vote in both the House and the Senate. Alternatively, Congress may call a convention for proposing amendments upon the request of two-thirds of state legislatures. This second method, however, has never been used. Amendments proposed by either method must then be ratified by three-fourths of state legislatures or state conventions. Since the First Congress, there have been over 10,000 proposals to amend the Constitution, with 33 proposed by Congress and 27 ratified.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose amendments | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| A constitutional convention called for by two-thirds of the State legislatures | |
| Form of proposal | Joint resolution |
| Role of the President | No constitutional role in the amendment process |
| Role of the Archivist of the United States | Administering the ratification process |
| Ratification process | Ratified by three-fourths of the States (38 out of 50) |
| Role of the Director of the Federal Register | Receives and maintains custody of authenticated ratification documents |
| Official notice of amendment | Formal proclamation certified by the Archivist and published in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
Amendments can be proposed by Congress
The United States Constitution outlines the process of proposing and ratifying amendments in Article V. 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 a joint resolution, which does not require the signature or approval of the President.
Congress has introduced at least 10,000 proposals to amend the Constitution, with sources citing numbers as high as 11,000. However, not all of these have been approved by the two-thirds majority in each house required for submission to the states for ratification. Once Congress proposes an amendment, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process.
The process of proposing amendments by Congress has been relatively straightforward, with few difficulties of a constitutional nature arising. When proposing an amendment, Congress indicates that it deems revision necessary, and a vote of two-thirds of the members present is required, assuming a quorum is present. This process has been followed since the Bill of Rights evolved from proposals submitted to the House of Representatives by Madison.
After an amendment is proposed by Congress, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format, as well as assembling an information package for the states. This package includes formal "red-line" copies and copies in slip law format. The proposed amendment then becomes part of the Constitution once it is ratified by three-quarters of the states (38 out of 50).
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Amendments can be proposed by a convention of states
The United States Constitution provides two methods for proposing amendments. One of these methods involves a convention of states. This method has never been used, but it is a valid way to propose amendments.
The other method involves a two-thirds vote in both houses of Congress, and this method has been used to propose 33 amendments, 27 of which have been ratified by three-fourths of the states.
A convention for proposing amendments can be called by Congress upon the request of two-thirds of the state legislatures (34 out of 50 states). This is known as an Article V Convention, and it is one of the ways that the states can originate the amendment process and address any "discovered faults" in the Constitution.
The convention method for proposing amendments has been debated extensively by scholars. One debate concerns whether Congress must call a convention upon receiving the requisite number of state applications. Another debate revolves around whether a convention, once called, can be limited to addressing certain topics or if it can become a runaway convention. Some commentators have argued that states may or must determine the scope of an Article V convention by applying for a convention on a specific subject or group of subjects.
State applications for an Article V convention limited to a particular subject matter may be invalid, and only applications that include a call for an unrestricted convention may be valid. Congress would then be obliged to call a convention only on the issues in the state applications.
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Two-thirds of both Houses must approve
The United States Constitution derives its authority to amend from Article V. The process of amending the Constitution involves Congress proposing an amendment, followed by the ratification process administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). Notably, the President does not have a constitutional role in this process.
Congress, whenever two-thirds of both Houses deem it necessary, shall propose amendments to the Constitution. This process requires a two-thirds majority vote in both the House of Representatives and the Senate, constituting a quorum. This means that the vote for proposing an amendment is based on the members present and not the entire membership.
The two-thirds majority in each house is a crucial step before submission to the states for ratification. Once Congress proposes an amendment, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR plays a significant role in the process by adding legislative history notes, publishing the joint resolution, and assembling information packages for the states.
After an amendment is proposed by Congress and processed by the OFR, the focus shifts to the states for ratification. A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states (38 out of 50). This can be achieved through the legislatures of three-quarters of the states or ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, and the process has included deadlines for ratification in most amendments proposed since 1917.
It is important to note that while Congress has the authority to propose amendments with a two-thirds majority in both Houses, an alternative method exists. Article V provides that Congress shall call a convention for proposing amendments upon the request of two-thirds of the states. However, this method has never been utilised for any of the amendments to the Constitution.
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Ratification by three-fourths of state legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves two steps: proposing an amendment and ratifying it.
The first step of proposing an amendment can be done through two methods outlined in Article V:
- Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
- A constitutional convention is called for by two-thirds of the state legislatures, which then propose the amendment.
The second step involves ratifying the proposed amendment, which can be done through two methods, as outlined in Article V:
- Ratification by three-fourths of state legislatures: After Congress proposes an amendment, it is submitted to the states for their consideration. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to 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 ratification documents (38 out of 50 states, or three-fourths) is received, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
- Ratification by three-fourths of state ratifying conventions: Congress may specify that three-fourths of state ratifying conventions must approve a proposed amendment. This method has only been used once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. The choice of ratification method lies in the sole discretion of Congress.
In summary, the process of amending the US Constitution involves proposing an amendment through a two-thirds majority vote in Congress or a constitutional convention called for by two-thirds of state legislatures. The proposed amendment is then ratified by either three-fourths of state legislatures or three-fourths of state ratifying conventions, with the final certification made by the Archivist of the United States.
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Presidential approval is unnecessary
Firstly, Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, can propose amendments. This method has been successfully utilised numerous times, with over 10,000 measures to amend the Constitution proposed in Congress. However, it's important to note that not all proposed amendments are ratified and become part of the Constitution.
The second method outlined in Article V involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used to propose an amendment. The role of Congress in this process is a subject of debate among scholars, including whether Congress must call a convention when the required number of state applications is received.
Once an amendment is proposed, it must be ratified. Ratification can occur through the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This process is facilitated by the Archivist of the United States, who administers the ratification process, and the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency.
The President does not have a constitutional role in the amendment process, as established in the National Prohibition Cases, where the Court ruled that "Presidential approval was unnecessary for a proposed constitutional amendment". This ruling reinforces the principle that amending the Constitution is a collaborative endeavour involving Congress, State legislatures, and the people, without requiring the approval of a single individual.
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Frequently asked questions
Congress can propose amendments to the Constitution by a vote of two-thirds in both the House and Senate. Alternatively, Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures.
The states have ratified 27 amendments.
Article V establishes an alternative method for amending the Constitution by a convention of the states. This method has never been used.
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