Amending The Constitution: Does Congress Have A Say?

The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution outlines two methods for proposing amendments in Article V. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves 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 to become part of the Constitution. This process does not require the approval or signature of the President. The authority to amend the Constitution ultimately rests with Congress, which has proposed 33 amendments, 27 of which have been ratified and are now part of the Constitution.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$105.57 $150

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.21

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

$18.4 $45

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

$9.99 $9.99

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

Congress proposes an amendment with a two-thirds majority vote in both the House and Senate

The United States Constitution was written to endure for ages to come, and amending it is a difficult and time-consuming process. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress has used Article V's procedures to propose thirty-three constitutional amendments.

Congress can propose an amendment with a two-thirds majority vote in both the House and the Senate. This is done in the form of a joint resolution. This joint resolution does not require the signature or approval of the President. Once the amendment is approved by Congress, it is forwarded directly to the 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.

The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format. After this, the proposed amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process. 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 serves as official notice to Congress and the Nation that the amendment process is complete. The signing of the certification has become a ceremonial function attended by dignitaries, which may include the President.

Amendments are forwarded to NARA's Office of the Federal Register for processing and publication

The process of amending the US Constitution is outlined in Article V of the Constitution. Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The original document is then forwarded directly 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 amendment process. Firstly, it adds legislative history notes to the joint resolution and publishes it in slip law format. This ensures that the proposed amendment is accurately documented and accessible to the public. Additionally, the OFR assembles an information package for the States. This package includes formal "red-line" copies of the joint resolution, providing a clear indication of the changes being proposed.

Once the amendment is proposed, the OFR, under the direction of the Archivist of the United States, facilitates 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, as specified by Congress.

The OFR also plays a role in verifying the ratification process. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines these ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

Finally, when the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the States or 38 out of 50), 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, serving as official notice to Congress and the Nation that the amendment process is complete.

The President does not have a constitutional role in the amendment process

Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is 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.

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 serves 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 various dignitaries, including the President. However, their presence is not a constitutional requirement, and the President's signature is not necessary for an amendment to become valid.

Explore related products

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

American Constitutional Law: Introductory Essays and Selected Cases

$140

American Constitutional Law: Introductory Essays and Selected Cases

$143.59 $180

The Liberty Amendments: Restoring the American Republic

$17.59 $26.99

The Constitutional Amending Process in American Political Thought

$95

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

$12.65 $27.95

Amendments become part of the Constitution when ratified by three-quarters of the States

The process of amending the US Constitution is outlined in Article V of the Constitution. This process involves two stages: proposal and ratification.

The proposal stage can occur through two methods. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, also known as Congress. This method has been used for all 27 amendments that have been ratified. The second method involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used.

Once an amendment is proposed, it moves to the ratification stage. There are also two methods for ratification. The first method, which has been used for all amendments, involves ratification by three-quarters of the State legislatures, which equates to 38 out of 50 States. The second method involves ratification by three-quarters of state ratifying conventions. Congress determines which method of ratification must be used for each amendment.

After an amendment is ratified by the required number of states, it becomes an official part of the Constitution. This occurs regardless of whether its ratification has been certified. The certification process involves the OFR drafting 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.

Congress decides the method of ratification for each amendment

Article V of the Constitution outlines the process for amending the document. It establishes two methods for proposing amendments: through Congress or a constitutional convention. All 27 amendments to the Constitution have been proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate.

Once an amendment is proposed by Congress, it is submitted to the states for ratification. Congress determines the method of ratification, which can be either through the state legislatures or state ratifying conventions. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).

The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's role is primarily procedural, and they do not make substantive determinations on the validity of state ratification actions. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution.

While Congress decides on the method of ratification, it is important to note that the President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment is not sent to the White House for signature or approval. Instead, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

In summary, while Congress proposes amendments and determines the method of ratification, the final authority for ratifying an amendment lies with the states. The Archivist of the United States plays a crucial role in administering the ratification process and certifying the validity of amendments.

Frequently asked questions