Isabella Carter
The process of amending the US Constitution is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. 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 to become part of the Constitution. The process of amending the Constitution involves multiple steps and stakeholders, including Congress, state legislatures, the Archivist of the United States, and the Director of the Federal Register.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Ratified by three-fourths of the States (38 of 50 States) |
| Amendment certification | The Archivist of the United States certifies that the amendment is valid and has become part of the Constitution |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority vote in both the House and Senate
- Amendments are proposed by a constitutional convention called for by two-thirds of state legislatures
- A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states
- The Archivist of the United States administers the ratification process
- The Director of the Federal Register examines ratification documents for facial legal sufficiency
Amendments are proposed by Congress with a two-thirds majority vote in both the House and Senate
The United States Constitution has established a rigorous process for proposing and enacting amendments, with the aim of ensuring its longevity. Amendments can be proposed by Congress with a two-thirds majority vote in both the House and the Senate. This process, outlined in Article V of the Constitution, has been utilised to propose thirty-three amendments, with twenty-seven successfully ratified by the required number of states.
The first step in proposing an amendment is for Congress to pass a joint resolution with a two-thirds majority vote in both chambers. This resolution is then forwarded to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR plays a crucial role in the process by adding legislative history notes to the resolution and publishing it in slip law format, as well as assembling information packages for the states.
Once an amendment is proposed, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist notifies state governors, who then submit the proposed amendment to their state legislatures or call for a convention, depending on Congress's specifications. The amendment must then be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The process of proposing and ratifying amendments is deliberately challenging, as Chief Justice John Marshall observed in the early 1800s that the Constitution was written "to endure for ages to come." The difficulty of amending the Constitution ensures that any changes made are carefully considered and broadly supported by a supermajority in Congress and across a significant majority of states.
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Amendments are proposed by a constitutional convention called for by two-thirds of state legislatures
The United States Constitution has been amended only 27 times since it was drafted in 1787. The framers made it a difficult task to amend the Constitution, ensuring its longevity. Article V of the Constitution outlines the two methods for proposing amendments.
Once an amendment is proposed, it must be ratified. Congress chooses whether the proposed amendment is sent to state legislatures or state ratifying conventions for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). This ratification can be done by the state legislatures or by conventions in three-fourths of the states.
The Archivist of the United States is responsible for administering the ratification process. The Archivist notifies the states' governors that an amendment has been proposed. The governors then submit the amendment to their state legislatures or call for a convention. When a state ratifies, it sends the Archivist an original or certified copy of the state's action. The Archivist then issues a certificate proclaiming the amendment duly ratified and part of the Constitution. This certificate is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
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A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution has been amended 27 times since it was drafted in 1787, and the process of amending it is intentionally difficult and time-consuming.
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 so far. Congress proposes an amendment in the form of a joint resolution, which is then forwarded 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.
The other method for proposing an amendment is for two-thirds of the State legislatures to call for a constitutional convention. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Once an amendment is proposed, it must be ratified by three-quarters of the States (38 out of 50) to become part of the Constitution. Congress decides whether the proposed amendment is sent to the State legislatures or to state ratifying conventions for ratification. When a State ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the State action. The Archivist then drafts a formal proclamation certifying 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.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist is appointed by the president with the advice and consent of the Senate and has the duty to safeguard and make available for study all permanently valuable records of the federal government. This includes the original Declaration of Independence, Constitution, and Bill of Rights, which are displayed in the Archives' main building in Washington, D.C.
Once Congress proposes 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 has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification.
The Archivist then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. 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 good order, the Director 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. 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's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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The Director of the Federal Register examines ratification documents for facial legal sufficiency
The process of proposing a constitutional amendment in the United States is derived from 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, or by a constitutional convention called for by two-thirds of state legislatures. Once an amendment is proposed, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with managing the ratification process.
The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then conveyed to the Director of the Federal Register.
The Office of the Federal Register (OFR) plays a crucial role in this process. It is responsible for processing and publishing the proposed amendment, adding legislative history notes, and publishing it in slip law format. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format.
Once the OFR receives 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 then published in the Federal Register, marking the completion of the amendment process.
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Frequently asked questions
Article V of the Constitution provides the authority to amend the Constitution of the United States.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the State legislatures.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The original document is then forwarded to NARA's Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution. 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.
A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50 States).
