Isabella Carter
The United States Constitution has been amended 27 times since its ratification, with the Bill of Rights, comprising the first ten amendments, being ratified in 1791. The authority to amend the Constitution is derived from Article V of the Constitution. 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 the state legislatures. Once an amendment is proposed, it is submitted to the states for their consideration. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). Notable amendments include the 13th Amendment, which abolished slavery, and the 14th Amendment, which granted citizenship to all persons born or naturalized in the United States.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| Amendment Proposal | 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 |
| Amendment Ratification | Ratified by three-fourths of the States (38 out of 50) |
| Amendment Certification | Certified by the Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Amendment Authority | Derived from Article V of the Constitution |
| Amendment Process | Amendments become part of the Constitution after ratification, with no involvement from the President |
| Amendment History | The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791 |
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What You'll Learn
Who can propose an amendment?
Article V of the United States Constitution establishes two methods for proposing amendments to the Constitution. The first method is for Congress, whenever two-thirds of both Houses deem it necessary, to propose Amendments to the Constitution. The second method is for Congress, on the application of the legislatures of two-thirds of the several States, to call a Convention for proposing Amendments.
The first method, the congressional proposal, gives Congress the power to propose amendments whenever two-thirds of both Houses deem it necessary. This method has been used numerous times throughout history, with at least 11,000 proposals to amend the Constitution introduced in Congress. However, not all of these proposals have been approved by the two-thirds majority in each house required for submission to the states for ratification.
The second method, the state convention proposal, allows for the legislatures of two-thirds of the several States to apply for a Convention to propose Amendments. This method has never been used, and there is ongoing debate about whether Congress must call a convention upon the request of two-thirds of the states. Some scholars argue that this method could be used to prod Congress into proposing an amendment on a particular matter by applying for an Article V convention on that issue.
While the President has played an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification, the Supreme Court has articulated that the President has no formal constitutional role in the amendment process.
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What is the ratification process?
The ratification process is the final step in approving an agreement, by which the parties indicate their intention to be bound by that agreement. In the context of the US Constitution, ratification is the process by which a proposed amendment is adopted and becomes a legally valid part of the Constitution.
The authority to amend the US Constitution is derived from 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, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
Once an amendment is proposed by Congress, it is submitted to the States for their consideration. Each Governor receives a letter of notification along with informational material. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). When a State ratifies, it sends an original or certified copy of the State action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Director of the Federal Register examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the Director acknowledges receipt and maintains custody.
Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), a formal proclamation is drafted 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, serving as official notice that the amendment process is complete.
The ratification process for the US Constitution has evolved since the country's early days. The original procedure required unanimous approval by state legislatures, which proved challenging. The use of state conventions, representing the will of the people directly, made the process more politically feasible and philosophically superior to relying solely on legislatures.
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What is the role of the Archivist?
An archivist is an information professional who assesses, collects, organises, preserves, maintains control over, and provides access to records and archives deemed to have long-term value. Archivists work for a variety of organisations, including government agencies, museums, universities, and any institution whose records may be valuable to researchers. Archivists are specially trained in preserving original materials and helping people obtain them. They work with paper documents, photographs, maps, films, computer records, and other physical objects.
Archivists help develop and write collection development policies for their institutions that dictate what their repository does and does not collect. They accession the materials they collect, which establishes intellectual and physical control. They process (arrange and describe) the materials so that they are accessible to the public. They preserve materials by ensuring proper storage, whether through rehousing materials in acid-free folders and boxes or maintaining proper climate-controlled storage areas. They sometimes perform conservation to recover damaged items, although this is often left to professional conservators. They may assist patrons with their research by helping them uncover relevant materials. Finally, they safeguard the materials by enacting security measures to ensure material does not go missing.
In the context of the US Constitution, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments. After Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration. 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. 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 the Congress and the Nation that the amendment process has been completed.
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What is the role of Congress in the amendment process?
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The role of Congress in the amendment process is to propose amendments to the Constitution. This can be done in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The second option is for two-thirds of the State legislatures to call on Congress to propose a constitutional convention. However, in practice, all amendments have been proposed by Congress and none by constitutional convention.
Once an amendment has been proposed by Congress, the Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration, and the Governors then formally submit the amendment to their State legislatures. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
It is important to note that the President does not have a constitutional role in the amendment process and cannot veto a proposed amendment. However, there have been instances of Presidents playing an informal, ministerial role, such as signing joint resolutions proposing amendments.
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What is the process for States to ratify an amendment?
The process for a state to ratify an amendment is a complex and lengthy one. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process begins with a proposal for an amendment, which can be made either 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.
Once an amendment has been proposed, the Archivist of the United States, who is the head of the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration, sending a letter of notification to each Governor along with informational material.
The Governors then formally submit the amendment to their State legislatures, or the state may call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50 States). When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The Director examines the ratification documents for 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, serving as official notice to Congress and the Nation that the amendment process is complete.
It is important to note that this process has been followed for every amendment to the Constitution thus far. The alternative process, which involves a constitutional convention, has never been utilized.
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