Eleanor Finch
The process of amending the US Constitution is outlined in Article V of the Constitution. Amending the Constitution is a difficult and time-consuming process. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures (38 out of 50 states). The President does not have a constitutional role in the amendment process. The Archivist of the United States is responsible for administering the ratification process, and the final certification of the amendment is published in the Federal Register.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | 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 |
| Two-thirds of State legislatures can request Congress to call a Constitutional Convention | |
| Who is responsible for administering the ratification process | Archivist of the United States |
| When does a proposed amendment become part of the Constitution | When ratified by three-fourths of the States (38 of 50 States) |
| How many times has the Constitution been amended | 27 times since 1787 |
| What is the difficulty level of the amendment process | Very difficult and time-consuming |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
- Two-thirds of state legislatures can request Congress to call a constitutional convention
- A proposed amendment is submitted to states for their consideration
- An amendment becomes part of the Constitution when ratified by three-quarters of the states
- The Archivist certifies that the amendment is valid and has become part of the Constitution
Amendments are proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution provides that an amendment 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, which does not require the signature or approval of the President.
To date, there have been 27 amendments to the Constitution, none of which have been proposed by a constitutional convention. The process of proposing an amendment through Congress involves the following steps: firstly, Congress proposes an amendment in the form of a joint resolution. This joint resolution is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR 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 has completed its initial tasks, the proposed amendment enters the ratification stage. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist 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. At this stage, the Governors formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). 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 the amendment's validity. 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.
While the process of amending the Constitution is deliberately challenging and time-consuming, it ensures that any changes made are thoroughly considered and have a significant impact on the nation and its citizens.
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Two-thirds of state legislatures can request Congress to call a constitutional convention
The Constitution of the United States is an enduring document, and its framers made the process of amending it a challenging task. The Constitution has been amended only 27 times since it was drafted in 1787. The authority to amend it 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. However, another option to initiate the amendment process is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments. This route has never been taken for any of the 27 amendments to the Constitution.
If two-thirds of state legislatures apply, Congress must call a convention for proposing amendments. These amendments become valid and part of the Constitution when ratified by three-fourths of the state legislatures or conventions. This is the same ratification process as for amendments proposed by Congress.
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 duties to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services. Once an amendment is ratified, the Director of the Federal Register maintains custody of the documents, and the Archivist certifies that the amendment is valid and has become part of the Constitution.
While the process of amending the Constitution is challenging, it has been successfully used to make significant changes, such as granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age.
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A proposed amendment is submitted to states for their consideration
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. A proposed amendment is submitted to states for their consideration by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The proposed amendment is sent to each state governor along with informational material prepared by the OFR.
The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. In some cases, state legislatures have not waited to receive official notice before taking action on a proposed amendment. 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. 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). The OFR verifies that it has received the required number of authenticated ratification documents, then 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. In some instances, states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification.
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An 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. It is a difficult and time-consuming process, as it was designed to be by the framers of the Constitution. Since the Constitution was drafted in 1787, there have been only 27 amendments, including the first 10 amendments, which were adopted in 1791 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. The President does not have a role in this process. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. However, this has never happened.
Once an amendment is proposed, it is submitted to the states for their consideration. The governors then submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. When 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).
An amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50 states). The Office of the Federal Register (OFR) verifies that it has received the required number of authenticated ratification documents. It then 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.
The process of amending the Constitution ensures that only significant changes that impact all Americans or secure citizens' rights are made. It is worth noting that certain subjects are unamendable, as outlined in the last two sentences of Article V.
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The Archivist certifies that the amendment is valid and has become part of the Constitution
The process of amending the US Constitution is a difficult and time-consuming task. The authority to make amendments is derived from Article V of the Constitution. After an amendment is proposed and ratified, the Archivist of the United States certifies that the amendment is valid and has become part of the Constitution.
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 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.
Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The 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 the Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive. This certification is a crucial step in the amendment process, ensuring the legitimacy and finalisation of the amendment as part of the Constitution.
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Frequently asked questions
Article V of the Constitution.
Two-thirds of both houses of Congress can vote to propose an amendment, or two-thirds of state legislatures can ask Congress to call a national convention to propose amendments.
Three-fourths of state legislatures must approve them, or ratifying conventions in three-fourths of the states must approve them.
The OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Amendments include giving women the right to vote, abolishing poll taxes, and lowering the minimum voting age from 21 to 18.
