Isabella Carter
Article V of the U.S. Constitution outlines the procedure for amending the Constitution. It states that amendments may be proposed by Congress with a two-thirds 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. For an amendment to become part of the Constitution, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This process has been utilized only once in American history, with the 1933 ratification of the Twenty-First Amendment. Article V also includes two unamendable subjects: the first prohibits amendments prior to 1808 that would affect the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves; the second, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate.
| Characteristics | Values |
|---|---|
| Who can propose amendments? | 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 state legislatures |
| Who can call a convention for proposing amendments? | Congress at the request of two-thirds of state legislatures |
| What is the validity of proposed amendments? | Valid to all intents and purposes, as part of the Constitution |
| What is the ratification process? | Ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths thereof, as determined by Congress |
| What is the effect of amendments made before 1808? | No amendment made before 1808 could affect the first and fourth clauses in the ninth section of the first article |
| Can a state be deprived of its suffrage in the Senate? | No state, without its consent, shall be deprived of its equal suffrage in the Senate |
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What You'll Learn
Amendments proposed by Congress
Article V of the United States Constitution outlines two methods for amending the nation's frame of government. The first method authorises Congress, with a two-thirds majority in both the House of Representatives and the Senate, to propose constitutional amendments. This process has been used to propose thirty-three amendments since the founding, of which twenty-seven have been ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously.
The second method requires Congress, at the request of two-thirds of state legislatures (34 as of 1959), to call a convention for proposing amendments. This method has yet to be invoked. Once proposed, an amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
Article V also includes limitations on amendments. It prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate. This provision enshrined the partly federal and partly national structure of the bicameral Congress. Additionally, no amendment made before 1808 could affect certain clauses in the Ninth Section of the First Article, relating to Congress's power over the slave trade and taxation.
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Amendments proposed by states
Article V of the US Constitution outlines the process by which the Constitution may be amended. An amendment may be proposed by the US Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by two-thirds of state legislatures (34 states since 1959). This second option has never been used.
Once proposed, an amendment is sent to the states for ratification. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 since 1959). This can be done either through the state legislatures or state ratifying conventions. The Twenty-first Amendment, in 1933, is the only amendment to be ratified through the latter method.
Congress has proposed 33 amendments to the Constitution, 27 of which have been ratified by the requisite number of states. Six amendments proposed by Congress have not been ratified by the required number of states. Four of these are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, none of the proposals made in recent decades have become part of the Constitution. Most die in congressional committees, and since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
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Ratification by state legislatures
Article V of the U.S. Constitution outlines the process for amending the Constitution. It states that two-thirds of both houses of Congress must deem it necessary to propose amendments, or two-thirds of the state legislatures must request a convention for proposing amendments. In either case, the amendments become valid and part of the Constitution when they are ratified by the legislatures of three-fourths of the states. This can be done through state legislatures or state conventions.
The ratification method in a state legislature is procedurally simple, requiring a proposal and a vote in each chamber of the legislature. The convention method, on the other hand, is more complicated as it is separate from the state legislature. In some states, the governor announces an election of delegates, while in others, the governor calls for the assembly of legislators or the election of delegates to the state ratifying convention.
The convention method of ratification described in Article V allows for a potential bypass of state legislatures in the ratification process. It serves as an alternate route to consider the pros and cons of a proposed amendment, allowing the sentiments of registered voters to be felt on highly sensitive issues.
It is important to note that the ratification process is not detailed in Article V of the Constitution or in the relevant section of the U.S. Code. However, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process, following established procedures and customs.
The traditional constitutional amendment process involves Congress passing a proposed amendment with a two-thirds majority vote in both the Senate and the House of Representatives, followed by sending it to the states for ratification by a vote of the state legislatures. An amendment becomes part of the Constitution when it is ratified by three-fourths (38 out of 50) of the states.
In summary, Article V of the U.S. Constitution provides the framework for amending the Constitution, with the option of involving state legislatures or state conventions in the ratification process. The specific procedures are determined by Congress, and the Archivist of the United States plays a key role in administering the ratification process.
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Ratification by state conventions
Article V of the US Constitution outlines the process of amending the Constitution, including the role of state conventions in this process.
The Article states that Congress can propose amendments to the Constitution when deemed necessary by two-thirds of both houses. Alternatively, Congress can call a convention for proposing amendments when two-thirds of the state legislatures apply for it. The proposed amendments become valid and part of the Constitution when ratified by either three-fourths of state legislatures or by conventions in three-fourths of states.
The convention method of ratification, as described in Article V, offers an alternative route to considering the pros and cons of a proposed amendment. This method bypasses state legislatures, allowing the sentiments of registered voters to be more directly considered on sensitive issues. The theory is that delegates of conventions, presumably average citizens, might be less likely to bow to political pressure than state legislators.
The process of convening ratifying conventions, selecting delegates, and conducting the proceedings is not specified in the Constitution or Supreme Court precedent. The procedure varies across states. For instance, in New Mexico, the governor has 10 days to call a convention formed by all members of the state legislature. In Vermont, the governor has 60 days to call for the election of delegates to the state ratifying convention, with 14 members representing each county.
The ratification of the 21st Amendment in 1933 is the only instance where a proposed amendment was ratified by state conventions. This amendment also stands as the only constitutional amendment to repeal another, overturning the 18th Amendment, which had been ratified 14 years earlier.
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Unamendable subjects
Article V of the U.S. Constitution outlines the procedures for amending the Constitution. It states that whenever two-thirds of both houses of Congress deem it necessary, they may propose amendments to the Constitution. Alternatively, if two-thirds of the state legislatures apply for it, Congress shall call a convention for proposing amendments. In either case, an amendment is valid when ratified by three-fourths of the state legislatures or conventions.
The last two sentences of Article V made certain subjects unamendable. Firstly, no amendment made before 1808 could affect the first and fourth clauses of the ninth section of Article I. This prohibited amendments that would impact Congress's power to restrict the slave trade or levy certain taxes on land or slaves. Secondly, no state, without its consent, shall be deprived of its equal suffrage in the Senate. This provision enshrines the partly federal and partly national structure of the bicameral Congress, which was a key part of the Connecticut Compromise.
There have been academic debates about the legal force of Article V's clause on unamendable subjects. Scholars have discussed whether provisions embodying fundamental norms or characteristics of the U.S. Government can be amended. For example, can the provisions establishing a republican form of government be changed? There is also debate on whether Article V's amendment procedures can themselves be amended. While some scholars argue that Article V cannot be amended to create new limitations on the amending power, others contend that constitutional amending provisions can amend themselves.
Another point of discussion is whether the equal suffrage requirement can be removed in two steps. This would involve first amending the Constitution to repeal the limitation, and then amending the document to alter equal suffrage. However, this two-step process would still violate Article V's plain language, which states that a state cannot be deprived of equal suffrage without its consent.
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Frequently asked questions
Article 5 of the U.S. Constitution outlines the procedure for amending the Constitution.
Article 5 states that two-thirds of both houses of Congress can propose amendments to the Constitution, or two-thirds of state legislatures can apply for a convention to propose amendments. In either case, three-quarters of state legislatures or conventions must ratify the amendments for them to become valid.
Examples of amendments ratified by states include the Twenty-fourth, Twenty-fifth, Twenty-sixth, and Twenty-seventh Amendments. The Twenty-First Amendment is the only amendment ratified by conventions in three-quarters of the states.
