Amending The Constitution: Proposal And Ratification Process

The process of amending the US Constitution is outlined in Article V of the Constitution and consists of two steps: proposing an amendment and getting it ratified. 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 an amendment is proposed, it must be ratified by either the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). 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).

Explore related products

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

$9.99 $9.99

The United States Constitution, Declaration of Independence, Bill of Rights with Amendments: Large Print Edition (Annotated)

$9.99

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

$18.34 $45

The Constitution of the United States of America, with the Bill of Rights and all of the Amendments; The Declaration of Independence; and the Articles of Confederation

$4.5 $4.5

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

A Companion to the United States Constitution and Its Amendments

$34.65 $45

Amendments proposed by Congress

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Congress has used Article V's procedures to propose thirty-three constitutional amendments.

Amendments 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 and is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States.

Once a proposed amendment is ratified by three-fourths of the States (38 of 50 States), it becomes part of the Constitution. Congress determines the method of ratification, which can be through the State legislatures or ratifying conventions.

In addition to the above process, two-thirds of the State legislatures can request Congress to call a Constitutional Convention to propose amendments. However, this has never happened in history, and all 33 amendments submitted to the States for ratification originated in Congress.

The process of amending the Constitution is deliberately made very difficult and time-consuming. Of the more than 10,000 measures to amend the Constitution proposed in Congress, only 27 amendments have been ratified and are now part of the Constitution.

Ratification by state legislatures

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a two-step process that involves proposing an amendment and then ratifying it.

For ratification by state legislatures, the legislatures of three-fourths of the states (38 out of 50 states) must approve the amendment. Once 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 this function 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 until an amendment is adopted or fails.

Once the required number of authenticated ratification documents is received by the OFR, 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, serving as official notice to Congress and the nation that the amendment process is complete.

It is important to note that Congress has the authority to set a ratification deadline for amendments, as affirmed by the Supreme Court of the United States in Coleman v. Miller (1939). In the absence of a deadline, an amendment can remain pending indefinitely and be ratified long after being proposed.

Ratification by conventions

The process of amending the Constitution of the United States is laid down in Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process.

Once Congress has proposed 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 follows procedures and customs established by the Secretary of State and the Administrator of General Services.

State ratifying conventions are one of two methods established by Article V for ratifying proposed amendments. The other method is through the state legislatures. The convention method of ratification was designed to provide an alternative route to considering the pros and cons of a proposed amendment, and to potentially bypass the state legislatures. This method is more complicated and involves convening a convention of delegates, who are presumably average citizens, to vote on the amendment. The theory is that these delegates might be less susceptible to political pressure than state legislators.

The convention method of ratification has only been used once, for the 21st Amendment in 1933, which repealed the 18th Amendment. In this case, ad-hoc conventions were convened specifically for the purpose of considering this amendment. In some states, laws have been enacted to prepare for the possibility of Congress specifying the convention method of ratification in the future.

The process of electing delegates to a ratifying convention varies by state. For example, in Delaware, the governor announces an election of delegates, with the latest date possible being the next general election held at least three months after the amendment has been proposed. In Vermont, the governor has 60 days to call for the election of delegates. The convention meets on the second Tuesday following the election, and delegates are not compensated for their time.

Once an amendment has been ratified by either the state legislatures or conventions in three-fourths of the states (38 out of 50), it becomes part of the Constitution. The Archivist of the United States certifies that the amendment is valid and publishes a formal proclamation in the Federal Register and U.S. Statutes at Large. This serves as official notice that the amendment process has been completed.

Explore related products

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Fifth Amendment: Double Jeopardy, Self-incrimination, and Due Process of Law (Amendments to the United States Constitution: the Bill of Rights)

$13.95

Ordinary Equality: The Fearless Women and Queer People Who Shaped the U.S. Constitution and the Equal Rights Amendment

$23.5 $27.99

The Liberty Amendments: Restoring the American Republic

$8.23 $26.99

American Founding documents LARGE Laminated 3 pack: US Constitution with all amendments, Declaration of Independence and Bill of Rights (18x29) Young N Refined

$29.95 $33.95

The role of the Archivist

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment to the Constitution. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.

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 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 until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.

The OFR verifies the receipt of the required number of authenticated ratification documents before drafting 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 has been completed. While the Archivist does not make substantive determinations on the validity of State ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive.

In conclusion, the Archivist of the United States plays a crucial role in the amendment process by overseeing the ratification phase and ensuring the integrity and authenticity of the documents. They work closely with the Director of the Federal Register and follow established procedures to certify and finalise any amendments to the Constitution.

The role of the Director of the Federal Register

The Director of the Federal Register plays a crucial role in the process of amending the Constitution of the United States. The authority to amend the Constitution is derived from Article V of the Constitution, and while the process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), the Archivist has delegated many of the associated duties to the Director of the Federal Register.

Once Congress proposes an amendment, the original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR, under the direction of the Director, adds legislative history notes to the joint resolution and publishes it in slip law format. The Director also oversees the assembly of an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.

When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who immediately conveys it to the Director of the Federal Register. The OFR, under the Director's supervision, examines these 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 until an amendment is adopted or fails.

Once the required number of authenticated ratification documents is received by the OFR, 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 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 Director of the Federal Register signs this certification as a witness, as seen during the ratification of the 27th Amendment in 1992.

Frequently asked questions