Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution. This process involves proposing an amendment and then ratifying it. 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. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. The Archivist submits the proposed amendment to the states, and it becomes part of the Constitution once ratified by three-quarters of the states (38 out of 50). While the specific procedures for amending state constitutions vary, it typically involves state legislatures proposing amendments, which are then placed on the ballot for voter approval. Some states require a simple majority vote, while others mandate a supermajority or a two-thirds vote.
| Characteristics | Values |
|---|---|
| Who proposes an amendment? | Congress or a convention called by Congress at the request of two-thirds of state legislatures |
| What is the required vote for Congress to propose an amendment? | Two-thirds of both the House and the Senate |
| What is the required vote for state legislatures to request a convention for proposing amendments? | Two-thirds |
| Who administers the ratification process? | The Archivist of the United States |
| Who has the authority to amend the Constitution? | Congress |
| What is required for an amendment to become part of the Constitution? | Ratification by three-fourths of the states (38 out of 50) |
| Is the President's approval required? | No |
| Are there different procedures for amending state constitutions? | Yes, each state has its own requirements for the number of votes needed from state representatives and the number of chambers that must vote |
| Are there other ways to amend state constitutions besides the state legislature? | Yes, some states allow for citizen-initiated amendments or amendments through a state constitutional convention |
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What You'll Learn
Two-thirds majority in Congress
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes that amendments can be proposed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called by Congress at the request of two-thirds of state legislatures. This process has been utilised throughout history to propose amendments, with the most recent example being the proposal of the Seventeenth Amendment in 1912.
The two-thirds majority vote in each house is calculated based on the members present, assuming a quorum is met. This means that the vote requires two-thirds of the members present to approve, rather than two-thirds of the entire membership, including those absent. This process is overseen by the Archivist of the United States, who is responsible for administering the ratification process, although the specific procedures are not outlined in detail in Article V.
Once an amendment is proposed, it is submitted to the states for their consideration. The states can then choose to ratify the amendment through their state legislatures or by calling for a convention. A proposed amendment becomes part of the Constitution once it is ratified by three-quarters of the states (38 out of 50), either through their legislatures or conventions. This process is known as the "one or the other Mode of Ratification" and is determined by Congress.
It is important to note that the President does not have a constitutional role in the amendment process, and constitutional amendments do not require the President's signature or approval. Instead, the joint resolution proposing the amendment is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
While the two-thirds majority in Congress is one method to propose amendments, it is worth mentioning that individual states have their own processes for amending their constitutions. These processes can vary, with some states requiring a simple majority vote in their state legislatures, while others mandate a supermajority legislative vote, such as a three-fifths or two-thirds majority. Additionally, some states allow for citizen-initiated amendments, where amendments can be proposed through a ballot initiative process.
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State legislatures
Once an amendment is proposed, either by Congress or a convention, it is submitted to the states for their consideration. At this stage, state legislatures or state conventions come into play. Each state has its own requirements for its legislature to craft amendments. Some states require majority support, while others demand a supermajority. Additionally, there are variations in whether support must be expressed in a single session or across two consecutive sessions. The simplest approach is a majority vote in a single session, which is allowed in 10 states. Twenty-five states demand a higher threshold, with 16 requiring a two-thirds vote in a single session.
After 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. An amendment becomes part of the Constitution once it is ratified by three-quarters of the states (38 out of 50). This can be achieved through state legislatures or state conventions, with the latter method only being used once in history for the Twenty-First Amendment in 1933.
In addition to the role of state legislatures, some states allow for citizen-initiated amendments. Seventeen states currently provide this path, with requirements often tied to the number of votes cast in the previous gubernatorial election. Once these citizen-initiated amendments make it to the ballot, they are generally ratified in the same way as legislature-referred amendments, requiring a simple majority or a supermajority of voters.
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Ratification by three-fourths of states
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments to the Constitution may be ratified by the Legislatures of three-fourths of the States, or by Conventions in three-fourths of the States, as determined by Congress. This means that 38 out of 50 States must ratify an amendment for it to become part of the Constitution.
Congress decides which method the States must follow for a proposed amendment to become effective. 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 to hold ratifying conventions to approve a proposed amendment. Congress has only specified this second mode of amendment once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
After Congress proposes an amendment, 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. The Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is then assembled for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.
The proposed amendment is then submitted to the States for their consideration. The Governor of each State formally submits the amendment to their State legislature or calls for a convention, depending on what Congress has specified. 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 good 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.
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State constitutional conventions
The United States Constitution gives state legislatures the power to act as a check on abuses of power by the federal government. Article V of the Constitution authorizes state legislatures to call a convention to propose amendments to the Constitution. This process does not require the consent of the federal government.
A convention to propose amendments to the Constitution, also referred to as an Article V Convention, is one of two methods authorized by Article Five of the Constitution whereby amendments may be proposed. On the application of two-thirds of the State legislatures (34 out of 50 states), Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states (38 out of 50 states). This method of proposing amendments has never been used.
The other method of proposing amendments is through a two-thirds vote in both houses of Congress, which has been used 33 times, with 27 of these being ratified by three-fourths of the states.
At the state level, more than 230 constitutional conventions have assembled in the United States. For example, according to Section 3 of Article 13 of the Alaska Constitution, a question about whether to hold a state constitutional convention automatically appears on the state's ballot every 10 years starting in 1970. Alaska is one of 14 states that provides for an automatic constitutional convention question.
In addition to state constitutional conventions, some states allow for convention-referred constitutional amendments. For example, in Alabama, a simple majority in each chamber during one legislative session is required to send a constitutional convention question to voters. Any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
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Citizen-initiated amendments
The process of amending state constitutions varies across different states in the US. Seventeen states currently allow for citizen-initiated amendments, providing an alternative path to the traditional state legislative route. State legislatures can refer constitutional amendments to the ballot for voters to decide, with a simple majority or two-thirds majority required, depending on the state. For example, Arizona requires a simple majority, while Alaska mandates a two-thirds vote. In contrast, citizen-initiated amendments follow a different process.
Once the required number of signatures is collected, the citizen-initiated amendment is typically placed on the ballot without interference from the legislature. This ensures that citizens, rather than legislators, have the final say on the proposed amendment. However, it is worth noting that citizen-initiated amendments are less frequently adopted compared to other methods, accounting for less than 2 out of every 10 amendments passed annually across the country.
The availability of citizen-initiated amendments as a pathway for constitutional reform showcases the diverse approaches adopted by states to amend their constitutions. While some states favour the traditional route through state legislatures, others embrace direct citizen involvement. This underscores the adaptability and responsiveness of state-level governance in the US, providing multiple avenues for citizens to drive change and shape the laws that govern them.
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Frequently asked questions
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.
State legislatures generate more than 80% of constitutional amendments that are considered and approved each year. The requirements for state legislatures to craft amendments vary. Some require a simple majority of legislators, while others require a supermajority legislative support. Amendments are then submitted to the states for their consideration.
Yes, state representatives do vote to amend the constitution. The process varies by state, with some requiring a simple majority and others requiring a supermajority legislative vote.
