How Amendments Are Proposed By The Legislative Branch

The legislative branch, or Congress, has the authority to propose amendments to the US Constitution. This is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while 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 by three-fourths of the states to become part of the Constitution. The process is administered by the Archivist of the United States, who delegates many duties to the Director of the Federal Register.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$102.5 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

American Constitutional Law: Introductory Essays and Selected Cases

$140

The legislative branch's authority to propose amendments

The second method, which has never been used, allows for a constitutional convention to be called for by two-thirds of the state legislatures. This method enables state legislatures to have a direct role in proposing amendments and serves as a compromise between those who believed the national legislature should have no role in the amendment process and those who favoured national legislative involvement. While this method has yet to be utilised, it stands as an important tool for states to initiate changes to the Constitution if needed.

Once an amendment is proposed, either by Congress or through a constitutional convention, it must be ratified to become part of the Constitution. Ratification can occur through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. The choice of ratification method is determined by Congress, and the amendment becomes official once the required number of states has ratified it.

Requirements for a constitutional amendment proposal

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. This article outlines two methods for proposing a constitutional amendment.

The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. The amendment is then proposed in the form of a joint resolution, which does not require presidential approval.

The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method allows states to have a more direct role in proposing amendments.

Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress: through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. The latter method has only been used once in history, in the 1933 ratification of the Twenty-First Amendment.

The process of amending the Constitution is carefully outlined in Article V to ensure that any changes made are well-considered and reflect the interests of both the national government and the states.

The role of the President in the amendment process

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. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States.

Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. 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 and serves as official notice to the Congress and the Nation that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. However, the President's presence at this ceremony is not a constitutional requirement, and the President does not have any official function in the amendment process.

While the President has no formal role in the amendment process, they may still exert influence through their public statements and political power. As the leader of the country, the President can shape public opinion and influence the actions of Congress and the state legislatures, which are responsible for proposing and ratifying amendments.

Explore related products

The Liberty Amendments: Restoring the American Republic

$15.72 $26.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

A Companion to the United States Constitution and Its Amendments

$34.65 $45

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

$21.34 $22.95

Ratification process and the Archivist's responsibilities

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

The original document containing the proposed amendment is forwarded directly to NARA's 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. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification. The Archivist then 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.

The Governors then formally submit the amendment to their State legislatures or the state calls 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. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. 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).

When the OFR verifies that it has received 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 published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

State legislatures' role in proposing and ratifying amendments

The process of amending the US Constitution is outlined in Article V of the Constitution. It involves two methods for proposing amendments and two methods for ratifying them.

The first method for proposing amendments requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.

Once an amendment is proposed, it must be ratified. The first method of ratification requires the approval of three-fourths of the state legislatures. The second method involves ratification conventions in three-fourths of the states. This method has only been used once in history, for the ratification of the 21st Amendment in 1933.

The role of state legislatures in the amendment process is crucial. They can initiate the proposal of amendments by calling for a constitutional convention. They also have the power to ratify or reject proposed amendments. 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 a collaborative effort between the federal and state governments. While Congress plays a significant role in proposing and approving amendments, the state legislatures have the final say in ratifying and adopting these amendments. This ensures that any changes made to the Constitution reflect the will of the people in the individual states and safeguard their interests.

Frequently asked questions