Isabella Carter
The United States Constitution outlines two methods for proposing amendments. The first method, which has been used 33 times, requires a two-thirds majority vote in both the House and the Senate. The second method, which has never been used, involves a convention called for by two-thirds of state legislatures, or three-fourths of the states. The latter method raises concerns about a “runaway convention that might attempt to exceed its scope. However, proponents argue that this is unlikely given the United States' experience with state constitutional conventions. Ultimately, Congress determines the method for states to follow in ratifying proposed amendments, with the Archivist of the United States administering the process.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who has the power to propose amendments? | Congress, with a two-thirds majority vote in both the House of Representatives and the Senate |
| Who can call a convention for proposing amendments? | Legislatures of two-thirds of the State |
| Who is responsible for administering the ratification process? | Archivist of the United States |
| Who has delegated duties associated with the ratification process? | Director of the Federal Register |
| Who examines ratification documents? | OFR |
| Who certifies that an amendment is valid? | Archivist |
| Who decides the mode of ratification? | Congress |
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What You'll Learn
Two-thirds majority in both the House and Senate
The authority to amend the U.S. Constitution is derived from Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method for proposing amendments that has been used thus far.
The two-thirds majority vote in each house is based on the members present and assumes the presence of a quorum. This means that a quorum of members must be present, and at least two-thirds of those present must vote in favour of the amendment for it to pass. Since the founding of the United States, Congress has followed this procedure to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification.
At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority in each house required for submission to the states for ratification. This highlights the importance of achieving a supermajority in both the House and the Senate to propose a constitutional amendment successfully.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA 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 copies of the joint resolution.
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Two-thirds of state legislatures request a convention
Article V of the U.S. Constitution outlines two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method, which has never been used, involves two-thirds of state legislatures requesting a convention for proposing amendments.
This second method, also known as an Article V Convention, state convention, or amendatory convention, has been the subject of much debate among scholars. Despite over 700 applications for an Article V Convention, with every state except Hawaii applying for one at some point, the required threshold of 34 out of 50 states has never been reached.
The process of proposing amendments through a convention has sparked discussions on several issues, including the selection of delegates, the setting of procedural rules, the vote threshold for proposing an amendment, and the apportionment of voting rights among states.
While the convention method has yet to be utilised, some scholars speculate that states could pressure Congress to propose an amendment on a specific issue by applying for an Article V convention. This method of proposing amendments ensures that changes to the Constitution undergo thorough deliberation and consideration before being proposed, aligning with the intent of the Founding Fathers to protect against hasty or ill-considered amendments.
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Congress calls and controls the convention
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments: through Congress or a constitutional convention. While the latter method has never been used, Congress has successfully proposed amendments on its own initiative.
Congress, as per Article V, can propose amendments whenever two-thirds of both houses deem it necessary. This proposal takes the form of a joint resolution, which is forwarded directly to the OFR for processing and publication. The OFR then assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and other relevant documents.
The role of Congress in controlling the convention method of proposing amendments is also significant. Congress may call for a convention to propose amendments upon the request or application of two-thirds of the state legislatures. This method, however, has been the subject of scholarly debate and has never been utilised.
Congress also determines the mode of ratification for proposed amendments. Ratification can occur through state legislatures or conventions, with Congress specifying the process. Once an amendment is ratified by three-quarters of the states, it becomes part of the Constitution. The Archivist of the United States, in conjunction with the Director of the Federal Register, administers the ratification process, following established procedures.
The authority to amend the Constitution ultimately rests with Congress, which can propose amendments directly or facilitate their proposal through a convention. The involvement of Congress is a crucial aspect of ensuring the validity and proper procedure in the amendment process.
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Three-quarters of states ratify amendments
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is submitted to the states for ratification. A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the states, i.e., 38 out of 50 states. This can be achieved through the state legislatures or conventions in three-quarters of the states, as specified by Congress.
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 heads the National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with the ratification process 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 until an amendment is adopted or fails.
In the past, there have been instances where states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. However, the Archivist does not make substantive determinations regarding the validity of state ratification actions. Once an amendment is ratified by three-quarters of the states, the Archivist certifies its validity, and it becomes part of the Constitution.
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The Archivist of the United States administers the ratification process
The power to propose constitutional amendments in the United States rests with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures.
Once 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's role is to uphold the integrity of the constitutional amendment process and ensure that any changes to the Constitution are carried out according to the law.
The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. 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 facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once the Director verifies that the required number of authenticated ratification documents has been received, 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 and U.S. Statutes at Large and serves as official notice to Congress and the nation that the amendment process has been completed.
The Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent years, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Frequently asked questions
The US Constitution outlines two methods for proposing constitutional amendments. The first method requires a two-thirds majority vote in both the House and Senate. The second method involves Congress calling a convention for proposing amendments upon the request of two-thirds of state legislatures.
The first method, requiring a two-thirds majority vote in both the House and Senate, has been used to propose 33 constitutional amendments.
Two-thirds of state legislatures, or 34 out of 50 states, are required to call a convention for proposing amendments.
Congress plays a crucial role in the amendment process. It can propose amendments with a two-thirds majority vote in both houses, and it also has the power to call a convention for proposing amendments upon the request of two-thirds of state legislatures.
