Eleanor Finch
The process of amending the United States Constitution is outlined in Article V of the Constitution and consists of proposing an amendment and subsequent ratification. 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 state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of state legislatures or ratifying conventions in three-quarters of states. This process is deliberately difficult and time-consuming, with only 27 amendments successfully added to the Constitution since it was drafted in 1787.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Number of amendments | 27 ratified and are now part of the Constitution |
| Amendment process | Very difficult and time-consuming |
| Ratification | Requires three-fourths of the states' approval (38 of 50) |
| Certification | Signed by dignitaries, including the President |
| Timeframe | No fixed determination, but seven years for the 18th, 20th, 21st, and 22nd amendments |
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What You'll Learn
The authority to amend
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
Alternatively, amendments may be proposed by a convention called for by two-thirds of the state legislatures. This convention proposes amendments, which are then ratified. This method has never been used to propose an amendment.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress: through the legislatures of three-quarters of the states (38 out of 50 states), or through ratifying conventions in three-quarters of the states. The latter method has only been used once in American history, for the ratification of the Twenty-First Amendment in 1933. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. When the required number of authenticated ratification documents is received, the Director 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 that the amendment process has been completed.
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Proposing an amendment
The United States Constitution derives its authority to be amended from Article V of the Constitution. The process of amending the Constitution is deliberately difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This can be done through a joint resolution. This first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The joint resolution does not go 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.
The second method is through a constitutional convention called for by two-thirds of the State legislatures. The Congress then calls for a convention for proposing amendments. This method has never been used.
Once an amendment is proposed, the Archivist of the United States administers the ratification process. The Archivist has delegated many of the 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 conveyed to the Director of the Federal Register. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
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Ratification process
The authority to amend the US Constitution comes from Article V of the Constitution. The process of amending the Constitution consists of proposing an amendment and then ratifying it.
The first step of the ratification process is for Congress to propose an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not require presidential approval. 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 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.
The Archivist of the United States is responsible for administering the ratification process. They officially notify the states by sending a registered letter to each state's Governor, who then formally submits the amendment to their State legislature or calls for a convention, depending on what Congress has specified.
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). The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. Alternatively, Congress may require that three-fourths of state ratifying conventions approve a proposed amendment. 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. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
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Difficulty of amending
The United States Constitution is considered one of the most difficult constitutions to amend. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it a challenging process to amend. Since its creation 235 years ago, there have been approximately 12,000 attempts to amend the Constitution, but only 27 amendments have been successful, indicating an extraordinarily low success rate of nearly 0.002%.
The amendment process is intricate and time-consuming. A proposed amendment must first be passed by 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. However, none of the 27 amendments have been proposed by a constitutional convention. Once an amendment is proposed, it must be ratified by three-quarters of the state legislatures (38 out of 50 states). This two-step process, requiring approval from both Congress and a significant majority of states, creates a high barrier for any potential changes to the Constitution.
The difficulty in amending the Constitution has led to a backlog of proposed amendments. In the last 50 years alone, democratic reformers have suggested thousands of amendments to make the Constitution more equal, inclusive, and just. However, most of these proposals have failed to gain traction, with few even progressing beyond the initial stages. This inertia in the amendment process has raised concerns about the future of democracy in the United States and the ability to adapt the Constitution to modern times.
While the rigidity of the Constitution may have been intended to ensure stability and longevity, it has also made it challenging to implement necessary reforms. The pace of amendment has slowed significantly over time, indicating that the difficulty of amending the Constitution may have increased. This rigidity has prompted calls for a new Constitutional Convention to address the growing disconnect between the Constitution and the evolving needs of American society.
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Article V methods
Article V of the United States Constitution outlines two methods for amending the nation's frame of government. The first method authorises Congress to propose amendments whenever two-thirds of both houses deem it necessary. This can be done through a joint resolution, which does not require the signature or approval of the President. Once an amendment is proposed, it must be ratified. To date, all 33 amendments submitted to the states for ratification have originated in Congress.
The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of the state legislatures (34 as of 1959). This option serves as a political tool to enable state legislatures to push back against the encroachments of national authority.
After an amendment is proposed through either of these methods, it must be ratified. Ratification can occur in one of two ways, as determined by Congress: through the legislatures of three-quarters of the states (38 out of 50) or by ratifying conventions in three-quarters of the states. Only one amendment, the 21st Amendment in 1933, has been ratified through the latter method.
Once an amendment is ratified, the Archivist of the United States administers the ratification process, with many duties delegated to the Director of the Federal Register. 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
Amending the Constitution is a challenging and time-consuming process, as evidenced by the fact that it has only been amended 27 times since it was drafted in 1787. Any proposed amendment must have a significant impact on all Americans or secure the rights of citizens to justify altering the Constitution.
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Frequently asked questions
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the state legislatures.
The US Constitution has been amended 27 times since it was drafted in 1787. The first ten amendments were adopted and ratified simultaneously and are known as the Bill of Rights.
The Archivist of the United States is responsible for administering the ratification process. They receive certified copies of state actions and delegate duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and an authenticating signature.
The process to amend the Constitution is very difficult and time-consuming. The framers of the Constitution made it challenging to ensure its longevity. In addition to the high thresholds for votes and ratifications, there are also political considerations that may impact the likelihood of an amendment being proposed or passed.
