Jonah Patel
The process of amending the US Constitution is outlined in Article Five, which specifies 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 convention for proposing amendments called by Congress at the request of two-thirds of state legislatures. After an amendment is proposed, it must be ratified by either three-quarters of state legislatures or by ratifying conventions in three-quarters of states. This process has been utilized 27 times, including landmark amendments such as the Seventeenth Amendment, which provided for the direct election of senators by the people. The role of the Senate in ratifying constitutional amendments is crucial, as it represents the first step in the proposal stage, and its approval is necessary for an amendment to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures |
| Who is responsible for administering the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| What is the first method of proposing an amendment? | Requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present |
| What is the second method of proposing an amendment? | The convention option, a political tool that enables state legislatures to "erect barriers against the encroachments of the national authority" |
| What is the second mode of amendment? | Ratification by Conventions |
| What are unamendable subjects? | No Amendment made prior to 1808 can affect the first and fourth clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate |
| How many amendments have been approved by Congress and sent to the states for ratification? | 33 |
| How many states are required to ratify an amendment? | 38 out of 50 |
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What You'll Learn
The role of the Archivist of the United States
The process of amending the US Constitution is outlined in Article V of the Constitution. It requires a two-thirds majority vote in both the House and the Senate to propose a constitutional amendment. This is the first of two methods outlined in Article V for proposing amendments.
The Archivist is appointed by the President of the United States and confirmed by the Senate. The current Archivist, as of May 2023, is Dr. Colleen Shogan, who is the 11th Archivist and the first woman to hold the position permanently. Shogan was nominated by President Joe Biden and has a background in political science, having worked in the US Senate and at the Library of Congress.
The National Archives employs approximately 3,000 people across 36 facilities in the United States. These employees include archivists, archives technicians, conservators, and records managers, all of whom play a role in preserving and providing access to government records. Volunteers also assist the National Archives in their mission to strengthen American democracy through public access to records.
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The Seventeenth Amendment
Connecticut's approval on April 8, 1913, gave the Seventeenth Amendment the required three-fourths majority needed for ratification. The amendment was certified by Secretary of State William Jennings Bryan on May 31, 1913, and became part of the Constitution. The transition began with two special elections in Georgia and Maryland, followed by the November 1914 election. It was complete on March 4, 1919, when the senators chosen by the November 1918 election took office.
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Ratification by conventions
The process of calling for a convention begins when two-thirds of the State legislatures (34 out of 50) apply to Congress. Congress then calls for a convention to propose amendments, which become valid and part of the Constitution when ratified by three-fourths of the states (38 out of 50). This convention method has never been used to propose amendments, but it has been used once to ratify an amendment: the Twenty-First Amendment in 1933, which repealed the Eighteenth Amendment establishing Prohibition.
State lawmakers have enacted laws to prepare for the possibility of Congress specifying the convention method of ratification. Some states, like Delaware, have laws outlining the election of delegates, with the governor announcing the election and the latest date being the next general election held at least three months after the amendment proposal. Other states have laws governing the general guidelines for ratifying conventions.
While the convention method offers an alternative route for considering amendments and bypassing state legislatures, it also raises concerns about scope and control. Some worry that an Article V convention could become a "runaway convention," exceeding its intended purpose. However, proponents argue that with over 600 state constitutional conventions held, there is little evidence of scope creep, and states have directly controlled their delegates in many cases.
In conclusion, ratification by conventions is a valid method for ratifying constitutional amendments, providing a way to potentially better represent the sentiments of registered voters on sensitive issues. However, it has been rarely used, and concerns about its potential implications persist.
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Congress's role in proposing amendments
Congress plays a significant role in proposing amendments to the US Constitution, as outlined in Article V. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House and the Senate to propose a constitutional amendment. This procedure has been followed numerous times, resulting in 33 proposed amendments sent to the states for potential ratification. However, out of these, only 27 amendments have been ratified by the states and added to the Constitution.
The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method has been the subject of scholarly debate, with questions surrounding the obligation of Congress to call for a convention and the potential for states to influence Congress on specific issues.
The process of proposing amendments through Congress begins with a joint resolution, which does not require the signature or approval of the President. The resolution is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this process by preparing informational packages for the states, which include formal copies of the joint resolution.
Once an amendment is proposed by Congress, the Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states by sending a letter of notification to each governor. The governors then forward the amendment to their state legislatures or call for a convention, as specified by Congress. To date, all 27 amendments to the Constitution have been proposed by Congress and ratified by the states, rather than through a constitutional convention.
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The two-thirds majority requirement
Article V of the United States Constitution outlines the procedure for amending the Constitution. It requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. This means that at least two-thirds of the members present in each chamber must vote in favour of the proposed amendment for it to pass this stage.
This process is initiated by Congress, which proposes an amendment in the form of a joint resolution. It is important to note that the President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in this process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification. This information package is then sent to the states for their consideration.
Once the proposed amendment has been submitted to the states, it must be ratified by either the legislatures of three-quarters of the states (38 out of 50) or by ratifying conventions in three-quarters of the states. This choice between the two methods of ratification is determined by Congress.
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Frequently asked questions
The process to alter the Constitution consists of proposing an amendment or amendments, followed by ratification. Amendments may be proposed either by Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. The Archivist of the United States is responsible for administering the ratification process. To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
The Senate can propose amendments to the Constitution by a two-thirds vote, after which the amendment is sent to the states for ratification. The Senate can also join the House of Representatives in proposing a joint resolution for an amendment, bypassing the need for a prior resolution deeming amendments necessary.
After the Senate proposes an amendment, it is forwarded to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, which includes copies of the joint resolution and the statutory procedure for ratification. The proposed amendment is then submitted to the states for their consideration.
