Omar Bennett
The US Constitution can be amended through a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. An amendment can also be proposed by a constitutional convention called for by two-thirds of the state legislatures. While citizens have the right to petition the government, this does not directly amend the Constitution. The First Amendment of the Constitution protects the right to assemble and petition, ensuring citizens can meet peaceably and petition the government for a redress of grievances. The right to petition is considered a foundational idea, allowing citizens to formally interact with the government. However, the process of amending the Constitution is separate and outlined in Article V, requiring a proposal by Congress or a constitutional convention, followed by ratification by three-fourths of the states.
| 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 |
| Two-thirds of State legislatures can request Congress to call a convention for proposing amendments | |
| Amendment process | Congress proposes an amendment in the form of a joint resolution |
| The joint resolution is forwarded 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 assembles an information package for the States | |
| Ratification | Ratification by three-fourths of the States (38 of 50 States) |
| The OFR verifies that it has received the required number of authenticated ratification documents | |
| The Archivist of the United States certifies that the amendment is valid and has become part of the Constitution | |
| The certification is published in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
Two ways to propose amendments
The US Constitution outlines two ways to propose amendments, as set out in Article V of the Constitution.
Firstly, amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
Secondly, amendments can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, this method has never been used to propose any of the 27 amendments to the Constitution.
Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The Office of the Federal Register (OFR) verifies the ratification documents and drafts a formal proclamation for the Archivist to certify the amendment, which is then published in the Federal Register.
While citizens have the right to petition the government for a redress of grievances under the First Amendment, there is no mention of using petitions to amend the Constitution. The process of amending the Constitution is a formal one, involving Congress, State legislatures, and the Archivist of the United States.
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Congress proposes amendments
The US Constitution can be amended through two methods, one of which involves Congress proposing amendments. This method, derived from Article V of the Constitution, requires 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 then sent to the states for potential ratification.
The process begins with Congress proposing an amendment in the form of a joint resolution. This resolution is forwarded directly to the National Archives and Records Administration's (NARA) 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. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
The Archivist of the United States, who heads NARA, 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, along with the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). Once the OFR verifies that the required number of authenticated ratification documents has been received, they draft a formal proclamation for the Archivist to certify the amendment's validity. 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. While the President does not have a constitutional role in the amendment process, they may witness the certification of amendments.
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Ratification by three-fourths of states
The US Constitution can be amended by a process outlined in Article V of the Constitution. The process involves two methods for states to ratify amendments. The first method requires three-fourths of the state legislatures (38 out of 50 states) to ratify an amendment. This method has been used for all 27 amendments that have been ratified by the states.
The second method, which has never been used, is the Article V convention method. This method requires three-fourths of the states (38 out of 50) to call for and ratify a convention to propose amendments. This method has been referred to as a "runaway convention" due to the concern that it could exceed its scope.
Once an amendment is proposed by Congress or by a convention, it is submitted to the states for their consideration. 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 an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process.
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. Once the Director verifies that the required number of authenticated ratification documents has been received, 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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The President's role
The US Constitution does not grant the President a formal role in the amendment process. When Congress proposes an amendment, it does so in the form of a joint resolution, which does not require the President's 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.
However, in recent history, the President has occasionally been involved in the ceremonial function of signing the certification of a ratified amendment. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. This signing ceremony is attended by various dignitaries and signifies the completion of the amendment process.
While the President does not have a constitutional role in proposing or ratifying amendments, their presence at the signing ceremony adds a level of solemnity and significance to the amendment process. It is worth noting that the President's involvement in this ceremonial capacity is not mandatory and depends on the particular circumstances.
The process of amending the Constitution is primarily driven by Congress and the state legislatures. Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate, or two-thirds of the state legislatures can call for a constitutional convention to propose amendments. Once an amendment is proposed, it becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
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Article V's unamendable subjects
The US Constitution can be amended following the procedures outlined in Article V. This includes proposing amendments by a two-thirds majority vote in both houses of Congress or through a constitutional convention called for by two-thirds of state legislatures. Amendments become valid once ratified by three-fourths of the states.
While Article V establishes the amendment process, it also includes clauses that make certain subjects unamendable. The last two sentences of Article V specify that no amendments made before 1808 can affect the first and fourth clauses in the ninth section of Article I. These clauses relate to limitations on Congress's power to restrict the slave trade and impose unapportioned direct taxes. Additionally, Article V states that no state can be deprived of equal suffrage in the Senate without its consent.
Scholars have debated the interpretation and implications of these unamendable subjects. Some discussions centre on whether fundamental norms or characteristics of the US government, such as the republican form of government, can be amended. There is also debate about the possibility of amending the equal suffrage requirement in two steps, which some argue would still violate Article V's plain language requiring state consent. These debates reflect broader conversations about potential limitations on amending the Constitution.
The unamendable subjects in Article V highlight areas where the Founding Fathers sought to place constraints on future amendments, ensuring certain aspects of the Constitution remain intact. These provisions safeguard specific principles and powers considered integral to the nation's foundation and governance.
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Frequently asked questions
No, the US Constitution does not provide for amendments to be proposed via petition. 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.
After Congress proposes an amendment, the Archivist of the United States administers the ratification process. A proposed amendment becomes part of the Constitution once ratified by three-fourths of the States (38 out of 50). The Archivist certifies the amendment as valid, and this certification is published in the Federal Register and U.S. Statutes at Large.
The President does not have a constitutional role in the amendment process. However, in recent history, Presidents have participated in the ceremonial signing of the certification as witnesses.
The authority to amend the Constitution is derived from Article V of the Constitution. The process is further outlined in various provisions, such as 1 U.S.C. 106b, which details the role of the Archivist and the Director of the Federal Register.
Yes, there are certain limitations and procedures that must be followed. For example, none of the 27 amendments to date have been proposed by a constitutional convention. Additionally, the amendment process must respect the rights outlined in the First Amendment, including freedom of speech, press, assembly, and petition.
