Simone Lawson
The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, US citizens can influence the process through their elected representatives in Congress or by calling for a constitutional convention. 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 an amendment is 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 conventions in three-fourths of the states, as determined by Congress. While there have been debates about other methods of proposing amendments, all 27 amendments to the Constitution thus far have been proposed by Congress and ratified by the states.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal method | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Ratification process administration | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Ratification process customs | Established by the Secretary of State and the Administrator of General Services |
| Amendment certification | Signed by the Archivist and witnessed by dignitaries, including the President in some cases |
| Amendment methods | Two methods established by Article V, with debate on other potential methods |
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What You'll Learn
The two methods of proposing an amendment
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution.
The first method requires both the House and the Senate to propose a constitutional amendment by a two-thirds majority vote of the Members present. This method has been used for all 27 amendments to the Constitution. The Congress proposes an amendment in the form of a joint resolution, which is then 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. This process does not involve the President, as the joint resolution does not require their signature or 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 for a convention to be held specifically for proposing amendments to the Constitution. While this method has not been utilised in the past, it provides an alternative pathway for proposing constitutional amendments.
Once an amendment is proposed by either of these two methods, it must then be ratified to become part of the Constitution. Ratification can occur through one of two methods outlined in Article V. The first method requires ratification by three-fourths of the state legislatures, while the second method involves conventions in three-fourths of the states. Congress determines which method of ratification must be followed. To date, 27 amendments have been ratified by the states and have become part of the Constitution, including the first ten amendments known as the Bill of Rights.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives, and they are appointed by the President of the United States.
The role of the Archivist is to preserve the records of the US Government and make them available to the public. This includes working with paper documents, photographs, maps, films, and computer records. The Archivist also has duties concerning the custody of important documents, such as Electoral College documents and original statutes of the United States. In addition, the Archivist plays a role in the constitutional amendment process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. Once three-quarters of the states (38 out of 50) have ratified the amendment, the Archivist certifies that the amendment is valid and has become part of the Constitution.
The Archivist is supported by a team of professionals, including archives specialists, archives technicians, conservators, and records managers. Archives specialists apply their knowledge to preserving and describing records, as well as working directly with the public. Archives technicians locate records in the stacks and work with conservators to clean, repair, and preserve historical records. Conservators are specialists in preserving documents, photographs, and other historical artefacts. Records managers work with Federal Government entities to ensure proper record-keeping and the transfer of important records to the National Archives.
The current Archivist of the United States is Dr. Colleen Shogan, who assumed office in May 2023. She is the 11th Archivist and the first woman to hold the position permanently. Shogan previously served as senior vice president of the White House Historical Association and worked for over a decade at the Library of Congress. She has also taught at Georgetown University and George Mason University.
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Ratification by three-fourths of the States
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures to propose amendments. However, in the history of the United States, all 27 amendments to the Constitution have been proposed by Congress and not through a constitutional convention.
Once an amendment is proposed, it is forwarded 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 the process by adding legislative history notes, publishing the joint resolution, and assembling an information package for the states.
After the proposal stage, the amendment must be ratified by three-fourths of the states, or 38 out of 50 states, to become an official part of the Constitution. This can be achieved through ratification by the state legislatures or by conventions in three-fourths of the states, as specified by Congress. The specific ratification process is not outlined in detail in Article V of the Constitution or in the relevant legal provisions. However, the Archivist of the United States and the Director of the Federal Register play crucial roles in administering the ratification process by following established procedures and customs.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The OFR examines these documents for legal sufficiency and the presence of an authenticating signature. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This 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 is complete.
In summary, the process of amending the Constitution involves a proposal stage, followed by ratification by three-fourths of the states. The OFR and the Archivist of the United States play crucial roles in administering the process, and the amendment becomes official once the required number of states have ratified it.
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The President's role in the amendment process
The President does not have a constitutional role in the amendment process. 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. Neither of these processes requires the involvement of the President.
The joint resolution for 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, which includes formal "red-line" copies of the joint resolution and the statutory procedure for ratification.
However, in some instances, Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, in recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Furthermore, there have been instances where Presidents have signed joint resolutions pertaining to amendments, even though their signatures were not necessary. For example, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not required for its proposal or ratification.
In conclusion, while the President does not have a formal constitutional role in the amendment process, they may play a ceremonial or ministerial role in certain instances, such as signing certifications or transmitting proposed amendments to the states.
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Article V's procedures: debated and used
The authority to amend the US Constitution is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution.
The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. This is the only method that has been used thus far. The Congress proposes an amendment in the form of a joint resolution. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States.
The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures.
Article V also sets forth two methods for states to ratify amendments to the Constitution. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method requires three-fourths of the states (38 out of 50) to ratify an amendment for it to become part of the Constitution.
Since the founding of the United States, Congress has proposed thirty-three constitutional amendments, of which twenty-seven have been ratified by the states. None of the amendments have been proposed by constitutional convention.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment 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. 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 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. However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
None of the 27 amendments to the Constitution have been proposed by constitutional convention. All of the amendments have been proposed by Congress.
While the process of amending the Constitution is outlined in Article V, scholars have debated whether it provides the exclusive procedures for amendment. Some argue that citizens may amend the Constitution using methods not specifically outlined in Article V.
