Eleanor Finch
The process of amending the US Constitution is outlined in Article V of the Constitution. The process of amending the Constitution is difficult and time-consuming, and since it was drafted in 1787, there have only been 27 successful amendments, including the first 10 amendments, which were adopted 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who notifies each state's governor, who then submits the amendment to their state legislature or ratifying convention. The process does not require the president's approval or signature.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | Legislatures of three-fourths of the States, or by conventions in three-fourths thereof |
| Amendment certification | Formal proclamation by the Archivist of the United States |
| Amendment publication | Federal Register and U.S. Statutes at Large |
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What You'll Learn
Amendments proposed by Congress
The process of amending the Constitution of the United States is derived from Article V of the Constitution. Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
Since 1789, Congress has sent 33 constitutional amendments to the states for ratification, of which 27 have been ratified. The process of amending the Constitution was designed to be difficult but not impossible, requiring a two-thirds majority in both chambers of Congress or a constitutional convention called for by two-thirds of the state legislatures.
Congress has the sole discretion to determine the method of ratification for proposed amendments. There are two methods of ratification: the first requires ratification by three-fourths of the state legislatures, while the second method, specified only once for the Twenty-First Amendment, requires ratification by three-fourths of state ratifying conventions.
Congress has considered various constitutional amendment proposals throughout history, including the Dueling Ban Amendment in 1838, the amendment to abolish the Senate proposed by Representative Victor Berger in 1911, and the anti-miscegenation amendment proposed by Representative Seaborn Roddenbery in 1912. Other notable proposals include the Christian Amendment, first proposed in 1863, the anti-polygamy amendment proposed by Representative Frederick Gillett in 1914, and the amendment limiting the President to two terms, proposed in 1947 and ratified in 1951.
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Amendments proposed by a convention
The United States Constitution was written to endure for ages, and the framers made amending the document a difficult task. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which establishes two methods for proposing amendments.
The first method, which has been used 33 times, requires a two-thirds majority vote in both the House and the Senate. The second method, which has never been used, is called the Article V convention method. This method involves two-thirds of state legislatures (34 of 50) applying to Congress to call a convention for proposing amendments.
The Article V convention method has been requested by states on a variety of subjects, including a balanced budget amendment. However, Congress has never officially tabulated these applications. Some scholars have speculated that states may be able to prod Congress into proposing an amendment on a particular matter by applying for an Article V convention on that issue.
Once an amendment is proposed by either method, it is submitted to the states for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register.
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Ratification by state legislatures
The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a difficult and time-consuming process, as the framers intended. The Constitution has been amended only 27 times since it was drafted in 1787.
Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures. However, this method has never been used. Once an amendment is proposed, it is sent to the states for ratification.
For ratification by state legislatures, three-fourths of the state legislatures (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 has delegated many 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.
When the required number of authenticated ratification documents is received by the Office of Federal Register (OFR), 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.
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Ratification by state conventions
The United States Constitution, in Article V, outlines two methods for proposing amendments: one through Congress and the other through state conventions. The latter, also known as an Article V Convention or amendatory convention, has never been used to propose an amendment, with all 27 amendments to date being proposed by Congress. However, state ratifying conventions have played a role in the approval of amendments.
State ratifying conventions are one of the two methods established by Article V of the Constitution for ratifying proposed amendments. This method allows for the potential bypassing of state legislatures during the ratification process, giving more direct consideration to the sentiments of registered voters on sensitive issues. It is worth noting that the United States Supreme Court has ruled that a popular referendum cannot substitute for the ratification process.
The process of using state ratifying conventions for ratification is more complex than the state legislature method. It involves convening a convention specifically for the purpose of ratifying a proposed amendment. In Delaware, for example, the governor announces an election of delegates, with the latest date being the next general election held at least three months after the amendment's proposal.
The only amendment ratified through state conventions is the 21st Amendment in 1933. This amendment repealed the 18th Amendment, which had established Prohibition. To achieve ratification, three-fourths of state ratifying conventions (38 out of 50 states) must approve the proposed amendment.
In conclusion, while the ratification of amendments by state conventions is a valid method outlined in Article V of the Constitution, it has only been utilised once in US history. The complexity of the process and the potential for unintended consequences may contribute to its infrequent use. Nonetheless, it remains an important mechanism for ensuring that the sentiments of voters are considered during the amendment ratification process.
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The President's non-involvement
The President does not have a constitutional role in the amendment process. The Constitution does not specifically establish a role for the President in amending the Constitution. As such, the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.
The Supreme Court has articulated the Judicial Branch’s understanding that the President has no formal constitutional role in the amendment process. In a 1798 case, Hollingsworth v. Virginia, the Court held that the Eleventh Amendment had been "constitutionally adopted" without the involvement of the President. Similarly, in the 1920 case Hawke v. Smith, the Supreme Court reiterated that the submission of a constitutional amendment did not require the action of the President.
Despite the absence of a formal role, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for its proposal or ratification.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For instance, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. However, it is important to note that the President's signature in these instances is not a requirement for the amendment process.
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Frequently asked questions
The US Constitution provides two methods for states to ratify amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The Congress proposes amendments, and the President does not have a constitutional role in the process. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Director of the Federal Register assists the Archivist and examines ratification documents for authenticity.
Out of the 33 amendments submitted to the states for ratification, 27 have been ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously.
