Simone Lawson
The process of amending the US Constitution is outlined in Article V of the Constitution. The Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, can propose amendments. Alternatively, Congress can call a convention for proposing amendments at the request of two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. While the authority to amend the Constitution is established, there is debate among scholars regarding the amendment of certain clauses, including the guarantee of equal suffrage in the Senate.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Ratification by three-fourths of the States (38 of 50 States) |
| Amendment certification | Formal certification by the Archivist of the United States |
| Equal suffrage in the Senate | Cannot be deprived without the State's consent |
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What You'll Learn
- Two-thirds majority in both the House of Representatives and the Senate required
- A constitutional convention can be called by two-thirds of state legislatures
- The Archivist of the United States administers the ratification process
- of 50 states must ratify the proposed amendment
- Article V outlines the procedures for amending the Constitution
Two-thirds majority in both the House of Representatives and the Senate required
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in each chamber must vote in favour of the proposed amendment. It's important to note that this vote does not require the approval or signature of the President, as the President does not have a constitutional role in the amendment process.
Once the proposed amendment passes with a two-thirds majority in both chambers, it becomes a joint resolution. The joint resolution is then forwarded to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) within NARA. The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
The proposed amendment then enters the ratification process. For an amendment to become an official part of the Constitution, it must be ratified by at least three-fourths of the states (38 out of 50 states). This ratification can be done through the state legislatures or ratifying conventions within the states. The mode of ratification is determined by Congress. It's worth noting that the vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of the state's population or length of time in the Union.
The ratification process also involves certain ceremonial functions. In recent history, the signing of the certification has been attended by dignitaries, and in some cases, the President has witnessed the certification. Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation. This proclamation is then certified by the Archivist of the United States, who heads NARA, confirming 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 official notice to Congress and the nation that the amendment process is complete.
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A constitutional convention can be called by two-thirds of state legislatures
The United States Constitution outlines two methods for proposing amendments. One of these methods involves a constitutional convention called for by two-thirds of state legislatures. This method, outlined in Article V of the Constitution, has never been used.
Article V states that Congress shall propose amendments whenever two-thirds of both Houses deem it necessary. Alternatively, on the application of two-thirds of state legislatures, Congress shall call a convention for proposing amendments. This convention method has never been used, and none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
The ratification process for amendments occurs after they have been proposed, either by Congress or by a constitutional convention. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, or three-quarters of ratifying conventions in states. This means that out of 50 states, 38 must ratify the amendment for it to become valid and part of the Constitution.
The process of amending the Constitution is outlined in Article V, which sets forth the authority to amend 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 specific procedures for ratification are not detailed in Article V but are based on customs established by the Secretary of State and the Administrator of General Services.
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The Archivist of the United States administers the ratification process
The process of amending the US Constitution is outlined in Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution, which is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process.
The Archivist's role in the ratification process includes submitting the proposed amendment to the States for their consideration. Once a proposed amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. The Archivist then certifies that the amendment is valid and has become part of the Constitution by issuing a formal proclamation, which is published in the Federal Register and U.S. Statutes at Large. This certification serves as official notice to Congress and the Nation that the amendment process has been completed.
While the Archivist administers the ratification process, they do not make any substantive determinations regarding the validity of State ratification actions. Instead, the OFR examines ratification documents for facial legal sufficiency and authenticity of signatures. The OFR retains these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
The current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden and confirmed by the Senate in May 2023. 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, including the original Declaration of Independence, Constitution, and Bill of Rights.
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![Constitution of the United States of America With the Amendments Thereto, [Etc.]](https://m.media-amazon.com/images/I/41SqGfoJu-L._AC_UY218_.jpg)
38 of 50 states must ratify the proposed amendment
The process of amending the US Constitution is outlined in Article V of the Constitution. The Constitution can be amended either by 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 an amendment has been proposed, it 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 state legislatures or ratifying conventions in three-fourths of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The ratification process is administered by 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 authenticated ratification documents is received, the OFR 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 has been completed. This certification has become a ceremonial function in recent history, with dignitaries such as the President in attendance.
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Article V outlines the procedures for amending the Constitution
In the first method, Congress proposes an amendment in the form of a joint resolution. This resolution does not require presidential approval before being sent to the states for ratification. Once Congress has approved the joint resolution, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.
The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the states. There are ongoing debates surrounding this method, including whether Congress must call a convention when the required number of state applications is reached, whether the convention can be limited, and Congress's control over the convention's rules of procedure.
After an amendment is proposed, either by Congress or through a constitutional convention, it must be ratified. Ratification can occur through the legislatures of three-fourths of the states or by conventions in three-fourths of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union. Once the required number of authenticated ratification documents is received by the OFR, 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
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Frequently asked questions
The Constitution provides that an amendment may be proposed either 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 as soon as it is ratified by three-fourths of the States (38 out of 50 States).
Article V of the Constitution outlines the procedures for amending the Constitution. It also shields three clauses in Article One from ordinary amendment by attaching stipulations.
The first clause concerned the importation of slaves, the second was about the apportionment of direct taxes, and the third was about how no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Scholars disagree on this. Law professor George Mader argues that the guarantee of equal suffrage in the Senate can be amended because it is not "self-entrenched", meaning that it does not contain a provision preventing its own amendment.
