Amending The Us Constitution: Proposal Methods Explained

The United States Constitution has been amended only 27 times since it was drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution and is a difficult and time-consuming process. 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 three-fourths of the states (38 of 50 states) to become part of the Constitution.

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Amendments must be proposed by Congress with a two-thirds majority vote

The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a two-step process that requires amendments to be proposed and ratified before becoming operative.

The process of proposing amendments by Congress has been utilized throughout history. For example, on September 25, 1789, the First Congress of the United States proposed 12 amendments, known as the Bill of Rights. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and became the first 10 amendments of the Constitution.

It is important to note that Congress has the authority to initiate the amendment process, but the President does not have a constitutional role in this process. The joint resolution for an amendment does not require the signature or approval of the President. Instead, the original document is sent directly to the OFR for processing.

In summary, the process of proposing amendments to the United States Constitution is a significant undertaking. It requires a two-thirds majority vote in both chambers of Congress, demonstrating a high level of consensus among lawmakers. Once proposed, the amendment enters the ratification process, which is overseen by the NARA and the OFR, leading to its potential adoption as part of the Constitution.

Amendments are sent to the states for ratification

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

Amendments to the United States Constitution are sent to the states for ratification after being proposed by the U.S. Congress or a national convention. Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The original document is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR assembles an information package for the states, which includes formal copies of the joint resolution.

Once the states receive the proposed amendment, the process of ratification begins. Each state legislature must vote on whether to ratify the amendment. The amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). This can be done through the state legislatures or state ratifying conventions, with Congress determining the mode of ratification.

The OFR plays a crucial role in the process by examining the ratification documents for legal sufficiency and authenticating signatures. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them. Once the required number of authenticated ratification documents is verified, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.

The process of amending the Constitution is deliberately designed to be difficult and time-consuming. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, but only 27 amendments have been successfully ratified and incorporated into the Constitution.

Ratification requires three-fourths of state legislatures

The United States Constitution was designed "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. Amending the Constitution is, therefore, a difficult task. The process is outlined in Article V of the Constitution, which details a two-step process for proposing and ratifying amendments.

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, this second method has never been used.

Once an amendment has been proposed, it must be ratified by three-fourths of state legislatures, i.e. 38 out of 50 states. This can be done either through the state legislatures or through state ratifying conventions, as specified by Congress. The Archivist of the United States is responsible for administering the ratification process, although they do not make any substantive determinations as to the validity of state ratification actions. Instead, the OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them. Once 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.

In the past, some state legislatures have not waited to receive official notice before taking action on a proposed amendment. Additionally, Congress has occasionally stipulated that an amendment must be ratified within seven years of being submitted to the states. This was affirmed by the Supreme Court of the United States in 1939.

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Alternatively, Congress may require three-fourths of state ratifying conventions

The United States Constitution was designed to be a durable framework of government, as Chief Justice John Marshall observed in the early 1800s: "to endure for ages to come". Amending the Constitution is, therefore, a challenging and time-consuming process. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a two-step process. Firstly, an amendment must be proposed, and secondly, it must be ratified.

An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures (34 since 1959) can request that Congress call a constitutional convention to propose an amendment. However, this has never happened. Once an amendment is proposed, Congress can determine the method of ratification.

One method of ratification is for three-fourths of state legislatures (38 of 50 states) to approve the amendment. This is the most common method and has been used for all amendments except one. The other, less common method of ratification is for three-fourths of state ratifying conventions to approve the amendment. Congress has only specified this method once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

The process of amending the Constitution is deliberately challenging. Of the approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789, only 27 amendments have been successfully ratified and added to the Constitution.

The Archivist of the United States administers the ratification process

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director of the Federal Register follows procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity 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 OFR examines 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. The OFR retains these documents until an amendment is adopted or fails, then transfers the records to the National Archives for preservation.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). 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 Congress and the nation that the amendment process has been completed.

The Archivist does not make any substantive determinations as to the validity of state ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including sometimes the President.

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