Amending The Constitution: Steps To Change

The process of amending the US Constitution is a difficult and time-consuming endeavour. The US Constitution has been amended only 27 times since it was drafted in 1787, with amendments including the Bill of Rights, granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age. 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. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process of amending the Constitution, outlined in Article V, ensures that any changes made are carefully considered and have a significant impact on the country and its citizens.

Explore related products

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

$103.52 $150

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Amendment XIV: Due Process (Constitutional Amendments)

$30.31

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

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

$9.99 $9.99

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

$18.34 $45

Amendments must be proposed and ratified

The process of amending the United States Constitution is detailed in Article Five of the Constitution. This two-step process requires amendments to be proposed and ratified before becoming operative. This process was designed to prevent constant changes to the Constitution while maintaining some flexibility.

An amendment can be proposed in two ways. Firstly, it can be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives. Secondly, it can be proposed by a national convention called for by two-thirds of the state legislatures (34 since 1959). However, this second option has never been used. Once proposed, the amendment is sent to the states for ratification.

To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through the legislatures of three-fourths of the states or through a state convention, depending on what Congress specifies. The ratification process is administered by the Archivist of the United States, who issues a certificate proclaiming that an amendment has become an operative part of the Constitution once it is properly ratified.

Congress has stipulated that an amendment must be ratified within seven years of its submission to the states to become part of the Constitution. This authority was affirmed by the Supreme Court of the United States in 1939. As of January 3, 2019, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Out of these proposals, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been successfully ratified and are now part of the Constitution.

Congress proposes amendments

The process of amending the Constitution of the United States is outlined in Article Five of the Constitution. This article establishes a two-step process for making changes to the nation's plan of government. An amendment must be properly proposed and ratified before it can become operative. This two-step process was designed to balance the need for change with the need for stability.

The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is sent 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 prepares an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.

Once the proposed amendment has been submitted to the states for their consideration, it is up to each state to decide whether to ratify it. 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 a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who is responsible for administering the ratification process. The Archivist then forwards the documentation to the Director of the Federal Register for examination and safekeeping.

Ratification by three-fourths of states

The process of amending the United States Constitution is outlined in Article Five of the Constitution. This process requires that any proposed amendment be properly ratified before becoming operative. To date, all 27 amendments to the Constitution have been ratified by Congress and sent to the states for ratification.

Ratification by three-fourths of the states (38 of 50 states) is required for an amendment to become part of the Constitution. This means that 38 state legislatures must approve the amendment. The process of ratification can occur in one of two ways, as determined by Congress:

• The legislatures of three-fourths of the states ratify the amendment.
• A national convention, called by Congress for this purpose, is convened on the application of the legislatures of two-thirds of the states (34 since 1959).

The second option has never been used. Once an amendment is ratified by the required number of states, the Archivist of the United States issues a certificate proclaiming that the amendment has become an operative part of the Constitution.

The ratification process is administered by the Archivist of the United States under the provisions of 1 U.S.C. § 106b. 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.

Congress has also enacted statutes governing the constitutional amendment process, including setting a ratification deadline. Since the early 20th century, Congress has stipulated that an amendment must be ratified by the required number of states within seven years of its submission to the states. This authority was affirmed by the Supreme Court of the United States in 1939.

Explore related products

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

$326 $326

The Liberty Amendments: Restoring the American Republic

$8.23 $26.99

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

American Constitutional Law: Introductory Essays and Selected Cases

$140

Weak viability: The Iraqi federal state and the constitutional amendment process

$9.99

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

$11.99 $27.95

The Archivist's role

The Archivist of the United States plays a crucial role in the process of amending the Constitution. This role is governed by the provisions of 1 U.S.C. § 106b. When a proposed amendment is sent to the states for ratification, the Archivist is responsible for administering the ratification process.

The Archivist receives original or certified copies of state actions related to the proposed amendment. These copies are immediately conveyed to the Director of the Federal Register, who examines them for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.

The OFR retains these documents until an amendment is either adopted or fails. At this stage, the records are transferred to the National Archives for preservation. Once an amendment has been properly ratified, the Archivist issues a certificate, officially proclaiming that the amendment has become an operative part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as formal notification to Congress and the nation that the amendment process is complete.

Amendments become operative

The process of amending the United States Constitution is detailed in Article Five of the Constitution. Amendments must be properly proposed and ratified before becoming operative. This process was designed to balance the need for change with stability.

An amendment may be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives of Congress, or a national convention called by Congress upon application by two-thirds of state legislatures. This latter option has never been used.

Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States is responsible for administering 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 then conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

For an amendment to become operative, it must be ratified by three-fourths of the states (38 out of 50 states). 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.

Since the early 20th century, Congress has occasionally stipulated a deadline for ratification, typically seven years from the date of submission to the states. Congress's authority to set a ratification deadline was affirmed by the Supreme Court in 1939.

To date, there have been 27 amendments to the Constitution, with approximately 11,848 proposals introduced in Congress since 1789.

Frequently asked questions