Jonah Patel
The United States Constitution was designed to be a durable document that would stand the test of time. As a result, the process of amending it is deliberately challenging. Since the Constitution was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted four years later as the Bill of Rights. 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 proposed, an amendment must be ratified by three-fourths of the state legislatures or conventions. The process is overseen by the Archivist of the United States, who works with the Director of the Federal Register to ensure the amendment's legal sufficiency.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments proposed but not ratified | 6 |
| First 10 amendments known as | The Bill of Rights |
| Amendments with a set ratification period of seven years | 18th, 20th, 21st, and 22nd |
| Total number of proposals to amend the Constitution introduced in Congress since 1789 | 11,848 |
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What You'll Learn
The two-step process to amend the Constitution
The United States Constitution, in Article V, outlines a two-step process for amending the nation's plan of government. This process involves proposing and ratifying amendments before they become operative, striking a balance between the need for change and stability. Here is a detailed overview of the two-step process:
Step 1: Proposal of Amendments
The first step involves proposing amendments, which can be initiated in two ways:
- Congressional Proposal: The U.S. Congress, with a two-thirds majority vote in both the Senate and the House of Representatives, can propose amendments. This has been the exclusive method used thus far. The President does not play a role in this process.
- Constitutional Convention: Alternatively, Congress can call a national convention to propose amendments upon the request of two-thirds of the state legislatures (34 since 1959). However, this option has never been utilised.
Step 2: Ratification of Amendments
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur through one of two methods:
- State Legislature Ratification: Three-fourths of the state legislatures (38 out of 50 states) must ratify the proposed amendment.
- State Ratifying Conventions: Three-fourths of the states must ratify through conventions. This method has only been used once, resulting in the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment (ratified in 1919) on alcohol prohibition.
The Archivist of the United States plays a crucial role in administering the ratification process, and upon successful ratification, they issue a certificate proclaiming the amendment as an operative part of the Constitution.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with 33 amendments proposed by Congress and sent to the states for ratification. Of these, 27 amendments have been successfully ratified and incorporated into the Constitution, including the first ten amendments known as the Bill of Rights.
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Amendments proposed by Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress has used Article V's procedures to propose 33 constitutional amendments. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
Amendments must be properly proposed and ratified before becoming operative. An amendment may be proposed and sent to the states for ratification by the US Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary. This is the only method for proposing amendments that has been used thus far. The Congress proposes an amendment in the form of a joint resolution. The joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's 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. It also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory process. The Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified. 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When 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 the Congress and the Nation that the amendment process has been completed.
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Amendments proposed by a constitutional convention
The Constitution of the United States provides that an amendment may be proposed by a constitutional convention called for by two-thirds of the State legislatures (34 out of 50). This is also referred to as an Article V Convention. Despite being one of two methods authorized by Article Five of the Constitution for proposing amendments, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
The process of proposing an amendment through a constitutional convention begins with the state legislatures applying to Congress for a convention. Some commentators argue that states may determine the scope of the convention by applying for a convention on a specific subject or group of subjects. This has led to concerns about a "`runaway convention`" that attempts to exceed its scope. If a convention did attempt to exceed its scope, none of the amendments it proposed would become part of the Constitution until three-fourths of the states (38 out of 50) ratified them.
Once Congress calls a convention, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor along with informational material. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
In the past, some State legislatures have not waited to receive official notice before taking action on 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. The OFR retains these documents until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
Although there has never been a federal constitutional convention since the original one, there have been more than 230 constitutional conventions at the state level in the United States.
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Ratification of amendments
The authority to amend the US Constitution comes from Article V of the Constitution. The process of amending the Constitution involves two steps: proposing an amendment and ratifying it.
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, in practice, all amendments so far have been proposed by Congress. Once an amendment is proposed, it 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 out of 50 states). This can be done through the state legislatures or state ratifying conventions, depending on what Congress specifies. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process.
The Office of the Federal Register (OFR) examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the OFR maintains custody of them until the amendment is adopted or fails. Once an amendment is ratified by the required number of states, 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, serving as official notice that the amendment process is complete.
Since the Constitution was enacted in 1789, approximately 11,848 proposals to amend it have been introduced in Congress. Thirty-three amendments have been proposed by Congress and sent to the states for ratification, with 27 of these successfully ratified and becoming part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The process of ratifying amendments ensures that any changes to the Constitution undergo a thorough and deliberate process, requiring the support of a significant majority of states.
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The Archivist's role in the amendment process
The Archivist of the United States plays a crucial role in the constitutional amendment process. This role is derived from Article V of the Constitution and the National Archives and Records Administration Act of 1984, 98 Stat. 2291 (codified at 1 U.S.C. § 106b). The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
Once Congress proposes an amendment, the Archivist, with the assistance of the Office of the Federal Register (OFR), submits the amendment to the states for ratification. 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 OFR examines these documents for facial 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.
Once three-fourths of the states (38 out of 50) have ratified the amendment, 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 then 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. The Archivist's certification is final and conclusive, and in recent times, the signing of this certification has become a ceremonial function attended by dignitaries, including sometimes the President.
While the Archivist has delegated many of the ministerial duties to the Director of the Federal Register, the role of the Archivist in the amendment process is essential to ensure the smooth and proper functioning of the ratification process. The Archivist follows established procedures and customs, and their certification of an amendment's validity is a critical step in finalising any changes to the Constitution.
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Frequently asked questions
There have been 27 amendments to the US Constitution, the first 10 of which were ratified on December 15, 1791, and are known as the Bill of Rights.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both houses or by a convention called by Congress at the request of two-thirds of the state legislatures. Amendments become valid when they are ratified by three-fourths of the state legislatures or conventions.
Yes, the states can amend the Constitution without Congress's approval. During early debates over the Federal Constitution, delegates agreed to permit states to amend the Nation's charter independently.
