Malcolm Rivera
The process of amending the United States Constitution is a challenging task, with only 27 successful amendments since the document was drafted in 1787. 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 is submitted to the states for ratification, requiring approval by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be achieved through state legislatures or state ratifying conventions, with Congress determining the mode of ratification. The President does not have a constitutional role in the amendment process, and the ratification of amendments is not subject to a popular vote.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| A constitutional convention called for by two-thirds of state legislatures | |
| Who ratifies an amendment? | Legislatures of three-fourths of the states |
| Ratifying conventions in three-fourths of the states | |
| Who decides the mode of ratification? | Congress |
| Is the President's approval required? | No |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority in both the House and Senate
- Or, by a convention called by Congress at the request of two-thirds of state legislatures
- Ratification is determined by Congress, with two methods available
- Three-quarters of state legislatures must ratify the amendment
- Or, three-quarters of state ratifying conventions must approve the amendment
Amendments are proposed by Congress with a two-thirds majority in both the House and Senate
The process of amending the United States Constitution is a challenging and intricate one, and for good reason. The Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers intentionally made it difficult to amend.
Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution, which does not require the signature or approval of the President. Once an amendment is proposed by Congress, it is submitted to the states for their consideration. This is where the process can become more complex.
The process of amending the Constitution involves two methods, as outlined in Article V. The first method, which has been utilized in all 27 amendments except one, involves the state legislatures. An amendment must be ratified by the legislatures of three-quarters of the states, or 38 out of 50 states. This high bar ensures that any changes to the Constitution reflect the will of a significant majority of the country.
The second method, which has only been used once in American history for the Twenty-First Amendment, involves state ratifying conventions. Congress may require that three-quarters of these conventions approve a proposed amendment. This method allows for more direct participation of citizens in the amendment process.
The choice of ratification method lies with Congress, and they can specify which process the states must follow for a particular amendment. This discretion allows Congress to ensure that the amendment process is tailored to the specific amendment being proposed. Overall, the process of proposing and ratifying amendments to the Constitution is deliberately challenging, reflecting the importance and longevity of the document.
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Or, by a convention called by Congress at the request of two-thirds of state legislatures
The United States Constitution outlines a specific procedure for amending the document, which has been used twenty-seven times since its inception in 1787. One of the methods through which an amendment can be ratified is outlined in Article V: "Or, by a convention called by Congress at the request of two-thirds of the state legislatures." This method has never been used for ratifying an amendment, but it remains a valid path to amending the Constitution.
This method of ratifying an amendment starts with the state legislatures. When two-thirds of the state legislatures submit applications to Congress, they can request a convention to propose constitutional amendments. Congress is then tasked with calling this convention, bringing together delegates from across the country. The convention would be a deliberative body where proposed amendments are discussed, debated, and ultimately voted on.
The convention process is designed to be a democratic mechanism for amending the Constitution. It allows for direct participation of the states and their representatives in the amendment process. This ensures that any changes made to the foundational document of American governance reflect the diverse will of the people and the states they represent.
The convention itself would be a complex and carefully orchestrated event. Procedures would need to be established, and rules agreed upon, to ensure orderly proceedings. The scope of the convention, the eligibility of delegates, and the methods of debate and voting would all be critical considerations. The outcome of the convention would have a profound impact on the nation, as any amendments proposed and ratified would alter the framework of American government and society.
While this method of ratifying an amendment has yet to be utilized, it stands as a testament to the flexibility and responsiveness built into the constitutional amendment process. It empowers the states to initiate change and ensures that the Constitution can evolve to meet the needs and aspirations of a changing nation.
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Ratification is determined by Congress, with two methods available
Ratification is a complex process that involves several steps and requirements. It is determined by Congress, which has the sole discretion to choose between two methods of ratification. This duality in Article V of the United States Constitution is a result of compromises made during the 1787 Constitutional Convention. One group advocated for the exclusion of the national legislature from the constitutional amendment process, while the other believed that the national legislature should initiate proposals, and state legislatures or conventions should decide on ratification.
The first method of ratification, specified by Congress in most cases, requires three-fourths of the state legislatures to ratify an amendment to the Constitution. This process involves the Archivist submitting the proposed amendment to the States for their consideration. Governors then formally submit the amendment to their State legislatures, and upon ratification, the State sends an original or certified copy of the State action to the Archivist.
The second method of ratification, specified by Congress only once for the Twenty-First Amendment, involves requiring three-fourths of state ratifying conventions to approve a proposed amendment. This process bypasses the state legislatures and involves conducting conventions in three-fourths of the states.
Regardless of the method chosen, the vote of each state carries equal weight, and the amendment must achieve the required threshold of support to become part of the Constitution. The high bar set by the ratification process, combined with the absence of deadlines in Article V for ratification, can make it challenging for amendments to gain the necessary support within the specified timeframe.
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Three-quarters of state legislatures must ratify the amendment
The United States Constitution has a detailed and deliberate process for amending the document, which was written "to endure for ages to come". The process of ratification is outlined in Article V of the Constitution and requires the approval of three-quarters of state legislatures, or 38 out of 50 states.
The first step in the process is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, it is sent to the states for their consideration. Each state legislature then votes on whether to ratify the amendment. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
To date, this process has been used for the ratification of every amendment to the Constitution. While there is an alternative process outlined in Article V, which allows for a constitutional convention to propose amendments, this has never been utilised.
The process of ratification is a critical step in amending the Constitution, and it is important to note that it is a challenging and deliberate process. The requirement for three-quarters of state legislatures to ratify an amendment ensures that any changes to the Constitution reflect the will of the majority of states and protects against hasty or impulsive amendments.
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Or, three-quarters of state ratifying conventions must approve the amendment
The process of amending the United States Constitution is deliberately difficult. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments have been proposed by constitutional convention.
The first step in the amendment process is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, it must be ratified. There are two methods of ratification, as outlined in Article V of the Constitution. The first method requires three-quarters of the state legislatures to ratify an amendment. The second method, which has only been used once in history, requires three-quarters of state ratifying conventions to approve the amendment. This method was used for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The choice of ratification method is at the discretion of Congress. In the case of the Twenty-First Amendment, Congress specified that three-quarters of state ratifying conventions must approve the amendment. This process is conducted in each state, and the vote of each state carries equal weight, regardless of its population or length of time in the Union.
Once the required number of states has ratified the amendment, the Director of the Federal Register acknowledges receipt and maintains custody of the documents. The OFR then 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 that the amendment process is complete.
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Frequently asked questions
The first step to ratifying an amendment is for Congress to propose it with a two-thirds majority vote in both the House of Representatives and the Senate.
After an amendment is proposed, it is sent to the states for ratification.
An amendment must be ratified by three-fourths (38 out of 50) of the states.
Congress decides how an amendment is ratified. They can choose between ratification by state legislatures or state ratifying conventions.
No, the President does not have a role in the amendment process. The ratification of an amendment does not require presidential approval.
