Omar Bennett
The process of proposing constitutional amendments can vary depending on the country and its specific legislative procedures. In the United States, for example, Article V of the Constitution outlines two methods for proposing amendments. The first method involves a two-thirds majority vote in both Houses of Congress, deeming the amendment necessary. 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 utilised. The US Constitution grants Congress significant discretion in the amendment process, including the power to review and potentially refuse proposals from state conventions. At the state level, such as in Florida, constitutional amendments can be proposed through legislative joint resolutions, initiative petitions, or proposals from specific commissions. Each method has unique requirements, such as minimum approval rates from voters.
| 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, or by a constitutional convention called for by two-thirds of the State legislatures |
| Role of the President | The President does not have a constitutional role in the amendment process |
| Role of the Archivist of the United States | Administers the ratification process; delegates duties to the Director of the Federal Register |
| Role of the Director of the Federal Register | Receives and maintains custody of authenticated ratification documents |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
| Number of amendments proposed by constitutional convention | 0 |
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What You'll Learn
Two-thirds majority in Congress
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments to the Constitution can be proposed in two ways: by Congress or by constitutional convention.
Congress can propose amendments to the Constitution by a two-thirds majority vote in both the House of Representatives and the Senate. This is the method that has been used for all 27 amendments to the Constitution. Since the First Congress, more than 10,000 proposals have been introduced to amend the Constitution. Of these, 33 were proposed by Congress to the States, and 27 have been ratified.
The two-thirds majority in Congress is a significant hurdle to pass any amendment, ensuring that only those with broad support are successful. This process allows for careful consideration and debate of proposed amendments, with a high threshold for approval. It also ensures that any changes to the Constitution reflect the interests and wishes of a substantial portion of the country.
The two-thirds majority requirement in both chambers of Congress emphasizes the importance of consensus-building and compromise in the amendment process. It encourages members of Congress to engage in thoughtful deliberation, considering the potential impacts and implications of any proposed changes to the Constitution. This high standard helps to maintain the integrity and stability of the Constitution, preventing hasty or impulsive amendments that could be detrimental to the nation.
While Congress has the power to propose amendments with a two-thirds majority, the role of the President is not constitutionally required in this process. The joint resolution for an amendment does not go to the White House for signature or approval. Instead, it is forwarded directly to the National Archives and Records Administration (NARA) for further processing and publication.
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Convention called by two-thirds of state legislatures
The United States Constitution provides two methods for proposing amendments. The first method is a vote by two-thirds of both houses of Congress, which has been used for all 27 ratified amendments. The second method, which has never been used, is a convention called by two-thirds of state legislatures, or 34 of the 50 states. This method is intended to bypass the federal government and give states more power in the amendment process.
The process of calling for a convention to propose constitutional amendments is outlined in Article V of the Constitution. Article V states that Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This provision was included in the Constitution to address concerns that Congress would block amendments favourable to the states.
The convention method for proposing amendments has been debated by scholars, with some arguing that it could be used to prod the federal government into action on a specific issue. However, there are also concerns about the potential for a "runaway convention," where the convention proposes amendments on matters other than what it was originally intended to address.
Despite never being used to propose an amendment, there have been several occasions where multiple states have applied for a convention to propose an amendment on a particular subject. For example, in 1949, six states applied for a convention to propose an amendment "to enable the participation of the United States in a world federal government." Additionally, in 1981, thirty states had made requests for a balanced budget amendment.
Once a convention is called by two-thirds of the state legislatures, it can propose amendments without the approval of Congress. However, for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50), either through their state legislatures or state conventions.
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Ratification by three-quarters of state legislatures
The United States Constitution derives its authority to amend from Article V, which establishes two methods for proposing amendments. The first method involves Congress proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is triggered when two-thirds of state legislatures petition for a constitutional convention to propose amendments. While the first method has been frequently used, the second method has never been invoked.
Once an amendment is proposed by either method, it must be ratified by three-quarters of the state legislatures, currently 38 out of 50 states, to become part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist notifies each state governor about the proposed amendment, and the governors then submit the amendment to their state legislatures for consideration.
State legislatures have the option to wait for official notification or take immediate action on a proposed amendment. When a state ratifies an amendment, it sends an original or certified copy of the state's action to the Archivist, who delegates the duty of examining ratification documents to the Director of the Federal Register. The Director assesses the documents for facial legal sufficiency and the presence of an authenticating signature.
If the ratification documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails. Once the required number of authenticated ratification documents is reached, the OFR 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 serves as official notice to Congress and the nation that the amendment process is complete.
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Ratification by convention in three-quarters of states
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can be proposed by Congress or by a constitutional convention. Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate.
The second method of proposing amendments is triggered by applications or petitions from two-thirds of state legislatures. In this case, Congress must call a constitutional convention to propose amendments. This method has never been used.
Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. Congress can choose between two methods of ratification: ratification by state legislatures or ratification by conventions.
In summary, while amendments are typically proposed by Congress and ratified by state legislatures, the Constitution provides for a process of amendment by convention in three-quarters of the states. This method has been used only once, for an amendment that repealed Prohibition.
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The role of the Archivist
The Archivist of the United States plays a crucial role in the constitutional amendment process, as outlined by Article V of the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment.
Once an amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, the Archivist takes on the task of facilitating the ratification process. The Archivist submits the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by the OFR (Office of the Federal Register).
The Archivist works closely with the OFR, which adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal copies of the joint resolution. This ensures that the States have the necessary information to consider and act upon the proposed amendment.
After a proposed amendment is ratified by three-fourths of the States (38 out of 50), the OFR verifies the receipt of authenticated ratification documents. At this stage, the Archivist's role is to certify that the amendment is valid and has become an official part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as an official notice to Congress and the nation that the amendment process is complete.
It is important to note that the Archivist does not make substantive determinations regarding the validity of State ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive. This ensures the integrity and finality of the amendment process.
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Frequently asked questions
Amendments to the US Constitution 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.
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval.
The Archivist of the United States is responsible for administering the ratification process. They submit the proposed amendment to the States for their consideration and, once an amendment is ratified, they certify that it is valid and has become part of the Constitution.
Since the First Congress, more than 10,000 proposals have been introduced to amend the Constitution. 33 of these were proposed by Congress to the States, and 27 have been ratified.
