Isabella Carter
The process of amending the United States Constitution is outlined in Article V, which establishes two methods for proposing and ratifying 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 state legislatures. Once an amendment is proposed, it is sent to the states for ratification, becoming part of the Constitution when ratified by three-fourths of the states. The amendment process is deliberately challenging, resulting in only 27 successful amendments since 1787, including the Bill of Rights.
| 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 |
| Amendment proposal (alternative) | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of the state legislatures |
| Amendment ratification (alternative) | Ratifying conventions in three-fourths of the states |
| Number of amendments ratified | 27 |
| Number of amendments proposed but not ratified | 6 |
| Number of measures to amend Constitution proposed in Congress | More than 10,000 |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority vote
- The Archivist of the United States administers the ratification process
- State legislatures or conventions ratify amendments
- An amendment becomes operative once ratified by three-fourths of states
- The President has no role in the amendment process
Amendments are proposed by Congress with a two-thirds majority vote
The United States Constitution has established a set of procedures for amending the nation's foundational document. The process of amending the Constitution is outlined in Article V, which offers two methods for proposing amendments. The first method, which has been used for all 33 amendments submitted to the states for ratification, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This process requires a joint resolution, which does not require the President's signature or approval.
The two-thirds majority vote in each house is calculated based on the members present and assumes a quorum. This means that the vote is determined by two-thirds of the members in attendance rather than the entire membership. Once an amendment is 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 of the duties associated with this process to the Director of the Federal Register.
The proposed amendment is then submitted to the states for their consideration. The Archivist sends a letter of notification to each state's governor, who then formally submits the amendment to their state legislature or calls for a convention, depending on Congress's specifications. 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 achieved through state legislatures or ratifying conventions, with Congress determining the method of ratification.
The second method for proposing amendments, which has never been used, involves calling a constitutional convention at the request of two-thirds of the state legislatures. While this option has its supporters, it has yet to be invoked. The amendment process is intentionally designed to be difficult and time-consuming, reflecting the framers' intention for the Constitution to "endure for ages to come."
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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 ministerial duties associated with this function to the Director of the Federal Register. The Director of the Federal Register is responsible for processing and publishing the proposed amendment 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 joint resolution in slip law format, and the statutory procedure for ratification.
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. The Governors then formally 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 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, and 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 of 50 States).
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 their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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State legislatures or conventions ratify amendments
Article V of the US Constitution outlines the process of amending the Constitution. It establishes two methods for proposing amendments and two methods for states to ratify amendments.
The first method of proposing an amendment 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. However, in practice, all amendments have been proposed by Congress so far. After an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
Once an amendment is proposed, it is submitted to the states for their consideration. At this point, the process of ratification can vary depending on the method specified by Congress. The first method of ratification requires three-fourths of the state legislatures to approve the amendment. The second method involves three-fourths of the states holding ratifying conventions to approve the amendment. This second method has only been specified once in history, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). The states have ratified 27 amendments so far, including the first ten amendments known as the Bill of Rights.
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An amendment becomes operative once ratified by three-fourths of states
The process of amending the United States Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by either Congress or a constitutional convention. If Congress proposes an amendment, it must be in the form of a joint resolution, with a two-thirds majority vote in both the House of Representatives and the Senate. It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
Once an amendment is proposed, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process. The Archivist notifies the states by sending a letter to each state's governor, who then formally submits the amendment to their state legislature or calls for a state convention, depending on Congress's specifications.
For an amendment to become operative and be added to the Constitution, it must be ratified by three-fourths of the states, or 38 out of 50 states. This can be achieved through one of two methods: the first method requires ratification by three-fourths of the state legislatures, while the second method, specified by Congress, involves approval by three-fourths of state ratifying conventions.
The ratification process is straightforward. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register for examination and safekeeping until the amendment is adopted or fails. Once an amendment is ratified by the required number of states, it becomes an operative part of the Constitution without any further action needed from Congress or any other entity.
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The President has no role in the amendment process
The President does not have a constitutional role in the amendment process. The US Constitution does not establish a role for the President in amending the Constitution. The process of amending the Constitution is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second method involves a constitutional convention called for by two-thirds of the State legislatures.
The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the process, the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) 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.
The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification. The Archivist of the United States, who heads NARA, 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.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. 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). While the President has no formal role in the amendment process, there have been instances where Presidents have played an informal, ministerial role. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for the proposal or ratification of the amendment.
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Frequently asked questions
Article V of the Constitution outlines the process to add an amendment. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. Once proposed, it must be ratified by three-fourths of the state legislatures or ratifying conventions in three-fourths of the states.
There have been 27 amendments added to the US Constitution since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted and ratified simultaneously. In total, Congress has approved 33 amendments, but only 27 have been ratified by the required number of states.
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not require presidential approval and is not sent to the White House for signature or approval.
