Simone Lawson
The process of amending the United States Constitution is outlined in Article V, which sets forth the procedures for proposing and ratifying amendments. Amending the Constitution is a challenging task, as the framers intended it to endure for ages. 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. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states. The process ensures that only significant changes affecting all Americans or securing citizens' rights are made to the nation's founding document. While scholars debate the exclusivity and effectiveness of Article V, it remains a vital part of the American constitutional tradition, providing a stable and democratic mechanism for registering the people's desires for change.
| 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 | |
| Who approves an amendment | Ratified by three-fourths of the States (38 of 50 States) |
| Number of amendments to the Constitution | 27 |
| Difficulty of amending the Constitution | High |
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What You'll Learn
The process of amending the US Constitution
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 other relevant information. The Governors then formally submit the amendment to their State legislatures or call 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 in order, the Director acknowledges receipt and maintains custody of them. 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). Once 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 Congress and the Nation that the amendment process has been completed.
An alternative method for proposing an amendment is through a constitutional convention called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
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Congress's role in proposing amendments
The Constitution of the United States provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority in each house required for submission to the states for ratification.
After Congress proposes an 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 submits the proposed amendment to the states for their consideration by sending a letter of notification to each governor along with the informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). 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 Congress and the nation that the amendment process has been completed.
Article V of the Constitution also provides an alternative method for proposing amendments, whereby Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. However, this method has never been used, and scholars continue to debate issues surrounding these Article V conventions.
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Ratification by state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process involves proposing an amendment and subsequent ratification. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention; all have originated from Congress.
The first step in the process is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist officially notifies each state's governor that an amendment has been proposed, and the governors then submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.
State legislatures play a crucial role in the ratification process. A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50 states). Each state's vote carries equal weight, regardless of its population or length of time in the Union. Upon ratification, the state sends the Archivist an original or certified copy of the state's action, which is conveyed to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and authenticity of signatures.
It is important to note that some state legislatures have taken action on proposed amendments before receiving official notification. Once the Director of the Federal Register receives the required number of authenticated ratification documents, a formal proclamation is drafted 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 notification to Congress and the nation that the amendment process is complete.
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The role of the Archivist of the US
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role was established in 1934 when the National Archives became an independent federal agency by Congress. The Archivist is appointed by the President, with the advice and consent of the Senate, and is responsible for safeguarding and making available for study all permanently valuable records of the federal government. This includes important historical documents such as the original Declaration of Independence, Constitution, and Bill of Rights, which are displayed in the Archives' main building in Washington, D.C.
The Archivist plays a crucial role in the constitutional amendment process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. This includes receiving original or certified copies of state actions on proposed amendments and maintaining custody of state ratifications of amendments. When a proposed amendment is ratified by three-quarters of the states, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution. The Archivist's certification is final and conclusive, and the amendment is then published in the Federal Register and the United States Statutes at Large.
In addition to their work with constitutional amendments, the Archivist also has duties related to the custody of Electoral College documents during presidential elections. They receive certificates of ascertainment declaring the names of presidential electors chosen in each state and the certificates of vote produced by these electors.
The Archivist also receives the original version of all statutes of the United States once enacted, including joint resolutions and acts of Congress signed into law by the President. The National Archives maintains custody of these original documents and assigns public law numbers to new Acts of Congress.
The Archivist is supported by a team of professionals, including archives technicians, conservators, records managers, and volunteers, who work together to preserve and make accessible the historical records of the nation.
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Subjects that cannot be amended
The United States Constitution does contain certain subjects that are considered unamendable. The last two sentences of Article V of the Constitution made certain subjects unamendable. The first sentence prohibited amendments before 1808 that would have affected two subjects addressed in Article I, Section 9 of the Constitution. These were:
- Limitations on Congress's power to prohibit or restrict the importation of slaves before 1808.
- Limitations on Congress's power to enact an unapportioned direct tax.
The second sentence of Article V, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate. This means that no amendment can deprive a state of its equal representation in the Senate without that state's consent.
There have been debates among scholars regarding the possibility of amending provisions that embody fundamental norms or characteristics of the US Government. For example, provisions that establish a republican form of government. There is also debate about whether Article V's procedures for amendment can themselves be amended. While some scholars argue that Article V cannot be amended to create new limitations on the amending power, others contend that constitutional amending provisions can indeed be used to amend themselves.
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Frequently asked questions
Article V of the Constitution outlines the process to amend it. Amendments 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 the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the state legislatures or ratifying conventions in three-quarters of the states.
The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted as the Bill of Rights four years later.
No, a Constitutional Convention has never been called. All 27 amendments to the Constitution have been proposed by Congress.
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. 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.
