Simone Lawson
The process of amending the US Constitution is outlined in Article V of the Constitution. The Constitution has been amended 27 times since 1787, with amendments including the Bill of Rights, giving women the right to vote, and abolishing poll taxes. Amendments can be proposed by Congress with a two-thirds majority vote in the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). While the process of amending the Constitution is difficult and time-consuming, some argue that the American people may amend the Constitution using methods not outlined in Article V.
| 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 |
| A constitutional convention called for by two-thirds of the State legislatures | |
| Who approves the amendment | Ratified by three-fourths of the States (38 of 50 States) |
| Number of amendments proposed | 33 amendments proposed |
| Number of amendments ratified | 27 amendments ratified |
| Number of proposals to amend the Constitution | 11,848 (as of January 3, 2019) |
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What You'll Learn
- The authority to amend the Constitution is derived from Article V
- Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
- Amendments become part of the Constitution when ratified by three-fourths of the States (38 of 50)
- The Archivist of the United States administers the ratification process, with support from the Director of the Federal Register
- The President does not have a constitutional role in the amendment process
The authority to amend the Constitution is derived from Article V
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for two-thirds of the state legislatures to call for a constitutional convention to propose amendments.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur through the legislatures of three-fourths of the states or conventions in three-fourths of the states, as determined by Congress. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. However, neither Article V of the Constitution nor the relevant statutes describe the ratification process in detail. Instead, the Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
After ratification, 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
While Article V sets forth procedures for amending the Constitution, some argue that it does not provide the exclusive methods for doing so. Akhil Reed Amar, for example, contends that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. However, since the founding of the nation, Congress has used Article V's procedures to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states and becoming part of the Constitution.
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Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
The process of amending the US Constitution is outlined in 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. This is known as a joint resolution and does not require the signature or approval of the President. Congress has proposed 33 amendments using this procedure since the Constitution came into operation in 1789.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, only a small fraction of these proposals gain the necessary two-thirds support in both chambers for submission to the states. The last time this occurred was in 1978 with the District of Columbia Voting Rights Amendment.
Once an amendment is proposed by Congress, it is sent to the states for ratification. An amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.
It is important to note that, while Article V establishes the procedures for proposing and ratifying amendments, some scholars argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. However, in practice, all 27 ratified amendments have been proposed by Congress and ratified by the required number of states.
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Amendments become part of the Constitution when ratified by three-fourths of the States (38 of 50)
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made 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 a proposal is made, it is sent to the States for their consideration.
The proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States, which currently equates to 38 out of 50 States. The ratification process can be carried out by the State legislatures or by ratifying conventions, with Congress determining the method that the States must follow. The Office of the Federal Register (OFR) verifies the receipt of the required number of authenticated ratification documents and then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The 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. The signing of this certification has become a ceremonial function, often attended by dignitaries, including the President on some occasions.
It is important to note that the Archivist does not make any 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.
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The Archivist of the United States administers the ratification process, with support from the Director of the Federal Register
The Archivist of the United States is responsible for administering the ratification process of a proposed amendment to the Constitution. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA) of the United States. The Archivist is appointed by the President with the advice and consent of the Senate and is responsible for safeguarding valuable federal government records.
Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The Director of the Federal Register, who heads the Office of the Federal Register (OFR), examines the ratification documents for facial legal sufficiency and an authenticating signature. The OFR then retains these documents until an amendment is adopted or fails.
The Archivist's primary duty in the ratification process is to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution if the legislatures of at least three-quarters of the States (38 out of 50) approve the proposed amendment. The certification is 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. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
The Director of the Federal Register provides support to the Archivist throughout the ratification process by performing various ministerial duties. The Director acknowledges receipt of the ratification documents and maintains custody of them until an amendment is adopted or fails. Additionally, the Director may witness the certification of the amendment, as seen with the 27th Amendment.
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The President does not have a constitutional role in the amendment process
The American people can add a constitution amendment through two methods outlined in Article V of the Constitution. 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. However, in the amendment process, the President does not have a constitutional role.
The Constitution does not explicitly outline a role for the President in amending it. The joint resolution proposing an amendment does not require the President's signature or approval. This is because the President cannot veto a proposed amendment. The resolution is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
While the President does not have a formal constitutional role in the amendment process, 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. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not necessary. In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, which may include 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.
Despite these instances of Presidents playing an informal role in the amendment process, the Supreme Court has affirmed that the President has no formal constitutional role. In the 1920 case of Hawke v. Smith, the Court upheld its earlier decision in Hollingsworth v. Virginia (1798), which settled that submitting a constitutional amendment did not require the President's action.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
An amendment 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 is sent to the states for ratification. To become part of the Constitution, it must be ratified by three-fourths of the states (38 of 50 states).
The Archivist of the United States is responsible for administering the ratification process. Once an amendment is properly ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
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