Malcolm Rivera
The process of amending the US Constitution is outlined in Article V, which sets forth 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 the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process has been utilized since the Constitution was drafted in 1787, with 27 amendments successfully ratified and adopted, including the Bill of Rights.
| Characteristics | Values |
|---|---|
| Authority to amend | 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 | Convention called for by two-thirds of state legislatures |
| Ratification process | Administered by the Archivist of the United States |
| Ratification process | Ministerial duties delegated to the Director of the Federal Register |
| Ratification process | Customary procedures followed, previously performed by the Secretary of State and the Administrator of General Services |
| Ratification | By Legislatures of three-fourths of the States or by Conventions in three-fourths of the States |
| Number of amendments proposed in Congress | More than 10,000 |
| Number of amendments ratified | 27 |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority vote
- Amendments are proposed by a convention called for by two-thirds of state legislatures
- The Archivist of the United States administers the ratification process
- Amendments are proposed as a joint resolution by Congress
- Amendments become part of the Constitution when ratified by three-quarters of states
Amendments are proposed by Congress with a two-thirds majority vote
The authority to amend the US Constitution 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. This is the only method for proposing amendments that has been used thus far.
The process of proposing an amendment begins with Congress, which proposes an amendment in the form of a joint resolution. This joint resolution does not go to the White House for signature or approval, as the President does not have a constitutional role in the amendment process. 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 plays a crucial role in the process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
Once the proposed amendment is submitted to the States, the process continues with each State's response. 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). This ratification process can be done through the state legislatures or state ratifying conventions, as determined by Congress.
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Amendments are proposed by a convention called for by two-thirds of state legislatures
The Constitution of the United States can be amended by proposing an amendment or amendments, followed by subsequent ratification. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a convention called for by two-thirds of state legislatures. This is the second method of proposing amendments, and it has never been used.
The first method for proposing amendments, which involves a two-thirds majority vote in both the House and the Senate, has been used 33 times since 1789. This method requires a quorum, or the minimum number of members present for a vote to proceed, and is the only method that has been used thus far. More than 10,000 measures to amend the Constitution have been proposed in Congress, but fewer than 33 have been approved by the two-thirds majority in each house required for submission to the states for ratification.
The second method of proposing amendments, which involves a convention called for by two-thirds of state legislatures, has yet to be invoked. This method was designed to enable state legislatures to erect barriers against the encroachments of the national authority. There are debates surrounding this method, including whether Congress must call a convention upon receiving the requisite number of state applications, whether the convention can be limited in any way, and Congress's control over other aspects of the convention, such as rules of procedure.
After an amendment is proposed by Congress or by a convention called for by two-thirds of 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 Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director of the Federal Register 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 until an amendment is adopted or fails.
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The Archivist of the United States administers the ratification process
The Constitution of the United States grants the authority to amend itself. Article V of the Constitution outlines the procedures for proposing and ratifying amendments. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This process begins after Congress proposes an amendment in the form of a joint resolution.
The Archivist, currently Dr. Colleen Shogan, is tasked with upholding the integrity of the constitutional amendment process and ensuring that any changes to the Constitution are carried out lawfully. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each 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, as specified by Congress.
Once 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 OFR examines these documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
When the OFR verifies that it has received the required number of authenticated ratification documents (approval from three-quarters of the States, or 38 out of 50), it drafts a formal proclamation 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.
The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. The Archivist does not make substantive determinations regarding the validity of State ratification actions. In addition to their role in the ratification process, the Archivist of the United States is responsible for safeguarding and making available for study all permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights.
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Amendments are proposed as a joint resolution by Congress
Amendments to the US Constitution are proposed by Congress as a joint resolution. This is the first method outlined in Article V of the Constitution, which authorises Congress to propose amendments whenever two-thirds of both Houses deem it necessary. This method has been used for all 33 amendments submitted to the states for ratification.
The joint resolution is proposed by both the House and the Senate, with a two-thirds majority vote in each House. This vote is of the Members present, assuming the presence of a quorum, and not of the entire membership. The resolution does not go to the White House for signature or approval, as the President does not have a constitutional role in the amendment process. 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. 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 under 1 U.S.C. 106b.
The Archivist of the United States, who heads NARA, 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. 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). This can be done either through the State legislatures or ratifying conventions, as determined by Congress.
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Amendments become part of the Constitution when ratified by three-quarters of states
The process of amending the US Constitution is outlined in Article V of the Constitution. The process involves proposing an amendment and then ratifying it.
Amendments to the US Constitution may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. Alternatively, amendments can be proposed by a convention called for by Congress at the request of two-thirds of state legislatures. This method has never been used.
Once an amendment has been proposed, it is sent to the states for ratification. Congress determines the method of ratification. An amendment becomes part of the Constitution when it is ratified by three-quarters of the states, or 38 out of 50 states. This can be done through the state legislatures or ratifying conventions. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The ratification process is administered 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 Director examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The process of amending the Constitution is deliberately difficult and time-consuming. Of the more than 10,000 measures to amend the Constitution that have been proposed in Congress, only 27 amendments have been ratified and are now part of the Constitution.
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Frequently asked questions
Article V of the Constitution outlines the process to propose an amendment. The Congress proposes an amendment in the form of a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate.
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 to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services.
After Congress proposes an amendment, it is submitted to the states for ratification. An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). Each state's vote carries equal weight.
Yes, Article V provides two methods for amending the Constitution. The second method, which has never been used, involves calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
