Simone Lawson
The process of amending the US Constitution is a complex and lengthy one, and it has been amended 27 times since it was first drafted in 1787. Amendments are 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 state ratifying conventions or by a vote of the state legislatures. The process of amending the Constitution involves multiple steps and officials, including the Archivist of the United States and the Director of the Federal Register, who are responsible for administering the ratification process and maintaining records. The original US Constitution was written with the intention of enduring for ages, and the amendment process was designed to be challenging to strike a balance between constant change and inflexibility.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of amendments proposed by US Congress | 33 |
| Number of amendments ratified by the requisite number of states | 27 |
| Number of amendments adopted and ratified simultaneously | 10 |
| First 10 amendments | Bill of Rights |
| 13th, 14th, and 15th amendments | Reconstruction Amendments |
| Number of amendments adopted by Congress but not ratified by the required number of states | 6 |
| Number of amendments still pending | 4 |
| Authority to amend the Constitution of the United States | Article V of the Constitution |
| Minimum vote required to propose an amendment in Congress | Two-thirds majority in both the House of Representatives and the Senate |
| Other option to propose an amendment | Constitutional convention called by two-thirds of state legislatures |
| Minimum number of states required to ratify an amendment | 38 (three-fourths of the states) |
| Number of states required to call for a constitutional convention | 34 |
| Number of times a constitutional convention has been called | 0 |
| Official who certifies that an amendment is valid and has become part of the Constitution | Archivist of the United States |
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What You'll Learn
The amendment process
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a two-step process. Firstly, an amendment must be proposed and sent to the states for ratification. This can occur through two methods: a two-thirds majority vote in both the House of Representatives and the Senate of Congress, or a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format, as well as assembling an information package for the states.
The second step of the process involves ratification by the states. 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 OFR examines these documents for authenticity and legal sufficiency. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). Once this occurs, the 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 published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
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The Archivist's role
The Archivist plays a crucial role in the constitutional amendment process in the United States. According to Article V of the Constitution and 1 U.S.C. § 106b, the Archivist of the United States is responsible for administering the ratification process. The Archivist heads the National Archives and Records Administration (NARA) and has delegated many of the day-to-day duties associated with this function to the Director of the Federal Register.
When an amendment is proposed by Congress or a constitutional convention, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the joint resolution, and assembles an information package for the states. Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
At this point, the OFR examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director of the Federal Register maintains custody of them until the amendment is adopted or fails. Then, the records are transferred to the National Archives for preservation.
The Archivist's key role is to certify that the amendment is valid and has become part of the Constitution. The OFR drafts a formal proclamation for the Archivist, who certifies that the amendment is officially part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete. The Archivist's signature on the certification has become a ceremonial function attended by dignitaries, which may include the President.
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Congress's role
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a two-step process that requires proposals to be properly proposed and ratified before becoming operative. This process is designed to strike a balance between the need for change and maintaining stability.
Congress plays a crucial role in this process. Firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution that does not require the President's signature or approval. Instead, the original document is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
Congress can also choose to initiate the amendment process through a different route. It can call for a national constitutional convention upon the request of two-thirds of the state legislatures (34 since 1959). However, this option has never been exercised.
Once an amendment is proposed, either by Congress or through a constitutional convention, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). This can be achieved through state legislatures or state ratifying conventions, with the latter method only being used for the Twenty-first Amendment in 1933.
The role of Congress is also significant in the implementation and interpretation of amendments. Once an amendment becomes part of the Constitution, Congress may enact statutes to govern the amendment process and stipulate timelines for ratification. Additionally, Congress may need to pass implementing legislation to give effect to the amendment's provisions.
In summary, Congress plays a central role in proposing, ratifying, and implementing amendments to the US Constitution. While the process is deliberately challenging, with a focus on achieving broad consensus, Congress has the authority and responsibility to initiate changes that impact the nation's governing framework.
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State legislatures
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all 27 amendments to date have been proposed by Congress.
The Archivist delegates many duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody. The Office of the Federal Register (OFR) retains these documents until an amendment is adopted or fails.
A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). Once the OFR verifies the required number of authenticated ratification documents, it drafts 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 that the amendment process is complete.
While the focus here is on the role of state legislatures, it is worth noting that state conventions also offer a path for amending state constitutions. Conventions are typically called by legislators and require majority or supermajority legislative support. Proposed amendments from conventions are then submitted to voters for approval, usually by a simple majority.
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Ratification
The process of amending the United States Constitution is a two-step process outlined in Article V of the Constitution. Amendments must be properly proposed and ratified before becoming operative. The Constitution has been amended 27 times since it was drafted in 1787, and the process is intentionally difficult and time-consuming.
A proposed amendment must be passed by 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 does not require their signature or approval. Once passed, the original document is forwarded to the National Archives and Records Administration (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.
The second step of the process involves ratification by the states. The proposed amendment is sent to the state legislatures or a state convention, depending on what Congress has specified. When a state ratifies the proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action. The Archivist administers the ratification process and has delegated many of the duties to the Director of the Federal Register. The Director examines the 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.
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 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 serves as official notice to Congress and the nation that the amendment process is complete.
The process of amending the Constitution involves interweaving amendments into the relevant sections of the existing document, directly altering the text. This ensures that the Constitution remains a living document that can adapt to the changing needs of the nation while preserving its foundational principles.
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Frequently asked questions
There have been 27 amendments to the US Constitution since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791.
Amending the US Constitution is a two-step process. First, an amendment must be proposed and sent to the states for ratification. This can be done 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 must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text. In the US, the Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.
