Eleanor Finch
The process of amending the U.S. Constitution is outlined in Article V of the Constitution, which requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures (34 of 50). Once proposed, an amendment becomes valid and part of the Constitution when ratified by three-fourths of the states (38 of 50). While Congress has received enough applications to call a convention, no amendment has been proposed by this method, with all 27 amendments proposed by Congress.
| 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 |
| Number of states required to call a convention | 34 of the 50 states |
| Number of states required to ratify an amendment | 38 of the 50 states |
| Number of amendments to the Constitution | 27 |
| Number of amendments proposed by convention | 0 |
| Number of amendments proposed by Congress | 33 |
| Number of state constitutional amendments | ~7,000 |
| Number of states with citizen-initiative processes for amendments | 17 |
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What You'll Learn
The two methods to propose amendments
Article V of the US Constitution establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate to propose a constitutional amendment. This method has been used to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification. However, it should be noted that at least 11,000 proposals to amend the Constitution have not been approved by the two-thirds majority in each house, and therefore have not been submitted to the states for ratification.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. In this scenario, Congress would call a convention for proposing amendments upon the request of two-thirds of the state legislatures. Once an amendment is proposed through either of these methods, it must then be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The process of amending the Constitution is a complex and deliberate procedure, designed to ensure that any changes made are carefully considered and widely supported. The high thresholds required for both proposing and ratifying amendments help to maintain the stability and integrity of the Constitution.
While Republicans may have enough states to initiate the amendment process, it is important to note that amending the Constitution requires broad bipartisan support and is not solely dependent on the number of states controlled by a single party. The amendment process also involves multiple steps, including proposal, ratification, and certification, which further emphasizes the collaborative nature of the process.
The Constitution's Ratification: Amendments' Impact
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Ratification by three-fourths of states
The U.S. Constitution is notoriously difficult to change and has only been amended 27 times. The authority to amend the Constitution is derived from Article V of the Constitution. There are two methods by which amendments may be proposed:
- By Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
- By a constitutional convention called for by two-thirds of the State legislatures (34 of the 50).
None of the 27 amendments to the Constitution have been proposed by constitutional convention. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). The Article V convention method has never been used, but 33 amendments have been proposed by Congress, and 27 of these have been ratified by three-fourths of the States.
The process of ratification 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. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once 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 that the amendment process has been completed.
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State legislatures and amendments
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. There are two methods by which amendments can be proposed: through Congress or by a convention of states.
The first method, which has been used for all 27 amendments to the Constitution, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, is for two-thirds of state legislatures (34 out of 50) to call for a constitutional convention to propose amendments. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).
While the U.S. Constitution has only been amended 27 times, state constitutions are amended much more frequently. The current constitutions of the 50 states have been amended around 7,000 times. State legislatures generate more than 80% of constitutional amendments considered and approved annually, with varying requirements for legislative support. Some states require a simple majority, while others mandate supermajority support or support across two consecutive sessions.
In addition to the legislative process, 17 states also allow for citizen-initiated amendments through processes such as ballot initiatives. These initiatives typically require a certain number of signatures, ranging from 3% to 15% of the votes cast in the last gubernatorial election, to qualify for the ballot. Once an initiative meets the signature requirements and other legal criteria, it proceeds to the ballot without the ability for legislators to block it.
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Citizen-initiated amendments
Amending the US Constitution is a complex process, and states offer multiple paths for amending their constitutions, which are generally easier to change than the federal Constitution. Seventeen states currently provide a path for enacting amendments through citizen-initiative processes. These states vary in their procedures, but they all allow citizens to propose amendments directly. This is known as a citizen-initiated amendment.
In most of these states, citizens must gather a certain number of signatures in support of their proposed amendment to qualify it for the ballot. The number of signatures required varies by state. Arizona and Oklahoma have the highest requirement, needing signatures from 15% of the voters in the last gubernatorial election. In contrast, Massachusetts has the lowest threshold at 3%. Some states, like Colorado, also have geographic distribution requirements, needing signatures from a certain percentage of registered voters in each state senate district.
Once supporters meet the signature and legal requirements, the amendment is typically placed on the ballot without legislative interference. Citizen-initiated amendments are considered more frequently in some states, like California and Colorado. However, on average, they account for fewer than 2 out of every 10 amendments adopted annually across the country.
While citizen-initiated amendments provide a direct path for citizens to propose changes to their state constitutions, the process is not without its challenges. For example, in 2021, the Mississippi Supreme Court ruled that the state's constitutional initiative process needed to be revised, rendering it unusable until changes were made.
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The role of the Archivist and the Director of the Federal Register
The process of amending the US Constitution is outlined in Article V of the Constitution. The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. The Archivist has the authority to delegate duties to the Director of the Federal Register.
The Archivist's responsibilities include submitting proposed amendments to the states for ratification, collecting state ratifications, and certifying amendments once three-fourths of the states (38 out of 50) have ratified them. When a state ratifies an amendment, it sends an official copy of the action to the Archivist, who then forwards it to the Director of the Federal Register for examination and safekeeping until the amendment is either adopted or fails.
The Director of the Federal Register plays a crucial role in this process by assisting the Archivist. They examine ratification documents for legal sufficiency and authenticity, acknowledging and retaining custody of them. The Director also assists the Archivist in publishing documents related to the Executive Branch, such as presidential proclamations and executive orders, and preserving original signed documents.
In the case of the 27th Amendment, the Archivist, Don W. Wilson, certified the amendment in 1992, marking the only time an Archivist has performed this duty. The Director of the Federal Register witnessed the certification. This amendment limits Congress's ability to change its pay until the next term and was first proposed in 1789 alongside the Bill of Rights. Despite initial ratification by six states, it was largely forgotten until a student-led campaign in 1982 revived it. By 1992, enough states had ratified it, and it became part of the Constitution.
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Frequently asked questions
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
The US Constitution provides that an amendment may be proposed by Congress 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 (34 out of 50).
No, none of the 27 amendments to the Constitution have been proposed by constitutional convention. All have been proposed by Congress.
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. Seventeen states also allow for citizen-initiated amendments.
State constitutions are amended regularly and are much easier to modify than the federal Constitution. The current constitutions of the 50 states have been amended around 7,000 times.
