Jonah Patel
The process of amending the US Constitution is a complex and lengthy one. Since the Constitution was drafted in 1787, it has been amended 27 times, with approximately 11,848 proposals introduced in Congress. Amendments can be proposed by Congress or by a national convention called by Congress upon the request of two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who issues a certificate proclaiming the amendment's validity. Amendments can take the form of revisions to the previous text or special articles appended to the end of the main text. The process of amending the US Constitution ensures that any changes made are carefully considered and have a significant impact on the nation's governance.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Who can propose an amendment | 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 |
| Who can propose an amendment in other countries | Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress |
| Who can propose an amendment in other countries (2) | People's Initiative, Constituent Assembly or Constitutional Convention |
| Who is responsible for administering the ratification process | Archivist of the United States |
| Who has the authority to set a ratification deadline | Congress |
| Number of amendments proposed in Congress since 1789 | 11,848 |
| Number of amendments to the Constitution | 27 |
| Number of amendments proposed but not ratified | 6 |
| How are amendments recorded | In most jurisdictions, amendments take the form of revisions to the previous text |
| How are amendments recorded (2) | Amendments are appended to the end of the main text in the form of special articles of amendment |
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What You'll Learn
The role of Congress
Congress plays a crucial role in the process of amending the US Constitution, as outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. Congress has proposed 33 amendments, 27 of which have been ratified and are now part of the Constitution.
The process begins with a proposal by members of the House and Senate, who typically introduce around 200 amendments during each two-year term of Congress. These proposals cover a wide range of topics, but only a small fraction receives a vote by the full House or Senate. For an amendment to be submitted to the states for ratification, it must gain a two-thirds majority in both chambers.
Once an amendment is passed by Congress, it is sent to the states for ratification. Congress determines the method of ratification, which can be through the state legislatures or a convention. The amendment becomes part of the Constitution once ratified by three-fourths of the states (38 out of 50).
Congress has also played a role in setting ratification deadlines for amendments. In several instances, 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 in 1939.
Additionally, Congress has enacted statutes governing the constitutional amendment process. The Archivist of the United States, under the provisions of 1 U.S.C. § 106b, is responsible for administering the ratification process and issuing a certificate proclaiming the amendment's validity.
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Ratification by the states
The process of amending the US Constitution is outlined in Article V of the Constitution. After an amendment is proposed by Congress, it is sent to the states for ratification. This is where the process of amending the Constitution becomes flexible.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. However, the Archivist does not have the authority to make substantive determinations regarding the validity of state ratification actions. The specific procedures for ratification are established by Congress, which can choose one of two methods for the states to follow.
The first method of ratification, which has been used for all amendments except one, requires three-fourths of the state legislatures (38 out of 50 states) to approve the amendment. Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it 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 the amendment is adopted or fails.
The second method of ratification, which has only been specified by Congress once, involves state ratifying conventions in three-fourths of the states. This method was used for the Twenty-first Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
Once the required number of states has ratified the amendment using the method specified by Congress, 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 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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The role of the Archivist of the United States
The Archivist of the United States plays a crucial role in the process of amending the US Constitution. The Archivist, as the head and chief administrator of the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments. This responsibility is derived from Article V of the Constitution and is further outlined in 1 U.S.C. 106b.
Once Congress proposes an amendment, the Archivist, along with the Director of the Federal Register, follows established procedures and customs previously performed by the Secretary of State and the Administrator of General Services. The Archivist's role includes submitting the proposed amendment to the states for ratification and collecting state ratifications.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then conveys this to the Director of the Federal Register for examination and custody. The Office of the Federal Register (OFR) plays a supporting role by verifying the authenticity and legal sufficiency of the ratification documents.
Once the OFR verifies 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 a ceremonial function that serves as official notice to Congress and the nation that the amendment process is complete. The Archivist's signature on the certification is not what adds the amendment to the Constitution; rather, it is the ratification by three-fourths of the states (38 out of 50 states).
In addition to their role in the constitutional amendment process, the Archivist of the United States has other significant duties. They are responsible for the supervision and direction of the National Archives, maintaining custody of important documents such as Electoral College records and joint resolutions of Congress. The Archivist also assigns public law numbers to new Acts of Congress and facilitates their publication.
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The two main ways to record amendments
Revision to the previous text
In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. This method alters the wording of the original text.
Appended articles of amendment
The second, less common method, is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. That is, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment.
The US Constitution has been amended 27 times since it was drafted in 1787. Amendments must be proposed and ratified before becoming operative. The proposal can be made 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. Congress determines the method by which the states must ratify the amendment. This can be either by a three-fourths majority vote of state legislatures or by a three-fourths majority of conventions. Once an amendment is ratified, the Archivist of the United States certifies that it has become part of the Constitution.
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The two methods to propose amendments
The US Constitution, in Article V, outlines two methods to propose amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, with the Congress proposing the amendment. This process bypasses the President, as the joint resolution does not require their 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 then compiles an information package for the States, which includes formal "red-line" copies of the joint resolution and other relevant information.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the State legislatures. This method allows for a convention to propose amendments, bypassing the usual process of the House and Senate. Once an amendment is proposed through either of these methods, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
The Archivist of the United States plays a crucial role in the amendment process, administering the ratification process and ensuring its legality. The OFR examines ratification documents, and upon receiving the required number of authenticated documents, drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register, marking the completion of the amendment process.
It is worth noting that the process of amending the Constitution is deliberately challenging and time-consuming. Amendments are meant to address significant issues affecting all Americans or securing the rights of citizens. The two methods outlined in Article V provide a framework for proposing amendments, ensuring a balanced approach between the need for change and maintaining stability.
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Frequently asked questions
The US Constitution can be amended by the US 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. Amendments must be proposed and ratified before becoming operative. Once ratified by three-fourths of the States, it becomes part of the Constitution.
The process involves the US Congress, the State legislatures, the Archivist of the United States, and the Director of the Federal Register. The President does not have a constitutional role in the process.
The proposed amendment is sent to the States for ratification. The Archivist of the United States administers the ratification process, and the Director of the Federal Register examines ratification documents for authenticity and legal sufficiency.
Amendments are recorded in two main ways. The first is by revising the previous text, which may involve deleting portions or inserting new articles. The second method is to append the amendment to the end of the main text, leaving the original text intact.
