Amendments To The Constitution: Did We Vote?

The process of amending the US Constitution is outlined in Article V of the Constitution. 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 state legislatures. A proposed amendment becomes part of the Constitution once it is ratified by three-quarters of the states (38 out of 50). The US Constitution has 27 amendments, including the Bill of Rights (Amendments 1-10) and amendments addressing issues such as citizenship, suffrage, and the election process. The process of amending the Constitution involves both legislative and, at times, ceremonial actions, with the goal of ensuring that any changes made are in line with the principles outlined in the original document.

Explore related products

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

A Companion to the United States Constitution and Its Amendments

$34.65 $45

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

No Democracy Lasts Forever: How the Constitution Threatens the United States

$18.99 $19.99

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

The process of amending the constitution

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is as follows:

Proposal of Amendment

The first step in amending the Constitution is for the amendment to be proposed. There are two ways in which an amendment can be proposed:

• The Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far.
• A constitutional convention is called for by two-thirds of the State legislatures, which then proposes an amendment.

Ratification of Amendment

Once an amendment has been proposed, it must be ratified to become part of the Constitution. There are two ways in which an amendment can be ratified:

• Ratification by the legislatures of three-quarters of the states (38 out of 50 states).
• Ratification conventions conducted in three-quarters of the states. This method has only been used once in history, for the ratification of the Twenty-First Amendment in 1933.

The choice between these two methods of ratification is determined by Congress. The vote of each state in the ratification process carries equal weight, regardless of the state's population or length of time in the Union.

Certification of Amendment

Once an amendment has been ratified by the required number of states, the Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. 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 has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.

The role of Congress in proposing amendments

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution. This is done through a joint resolution, which does not require the signature or approval of the President. Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification.

The second method for proposing amendments is for Congress to call a convention for proposing amendments upon the request of two-thirds of the states. This method of proposing amendments has never been used.

Once an amendment is proposed by Congress, 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 prepared by the OFR. 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 States). 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.

Ratification by state legislatures

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is sent to the states for their consideration. The Constitution provides two methods for ratification: by state legislatures or by conventions. Congress determines which method the states must follow to ratify a particular proposed amendment.

The first method of ratification requires three-fourths of the state legislatures (38 out of 50 states) to ratify an amendment. Once an amendment is ratified by the required number of states, each state sends the Archivist of the United States an original or certified copy of the state action. The Archivist, 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. The Director examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.

In the past, some state legislatures have not waited to receive official notice before taking action on a proposed amendment. 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 has been completed.

The second method of ratification requires three-fourths of state ratifying conventions to approve a proposed amendment. Congress has specified this mode of amendment only once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

Explore related products

How to Save a Constitutional Democracy

$21.02 $23

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

A Companion to the United States Constitution and Its Amendments

$69.95 $76.5

The Reconstruction Amendments: The Essential Documents (Volume 2)

$64.99 $101.99

Amendment XXVI: Lowering the Voting Age (Constitutional Amendments: Beyond the Bill of Rights)

$29.7

Born Equal: Remaking America’s Constitution, 1840–1920

$36.96 $40

The President's role in the process

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. 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.

However, in recent history, the signing of the certification 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 along with three young scholars.

Additionally, in 1861, President James Buchanan took the unprecedented step of signing the Corwin Amendment in an attempt to prevent the American Civil War. In 1865, President Abraham Lincoln signed what would become the Thirteenth Amendment, and Congress later passed a resolution affirming that the presidential signature was unnecessary.

It is important to note that the authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines the process for proposing and ratifying amendments. 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. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).

The right to vote in relation to amendments

The right to vote is a key feature of the democratic process and is enshrined in the US Constitution and its amendments. The Constitution itself outlines the process by which it can be amended, and this has been added to over time.

The right to vote is specifically mentioned in the 14th Amendment, which states that "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". This amendment also states that no state shall "deny any person within its jurisdiction the equal protection of the laws", which has been interpreted to include the right to vote.

The 15th Amendment, ratified in 1870, specifically addresses voting rights, stating that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude".

The 19th Amendment, ratified in 1920, further extended voting rights to women, stating that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex".

The process of amending the Constitution is outlined in Article V, which states that amendments can be proposed by a two-thirds vote in both houses of Congress, or by a convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the states.

In conclusion, the right to vote is a fundamental principle of American democracy and is protected by the Constitution and its amendments. The process of amending the Constitution is outlined in Article V and has been used to extend voting rights to racial minorities and women.

Frequently asked questions