Eleanor Finch
The process of formally amending the US Constitution is outlined in Article V of the US Constitution. Congress can initiate this process by proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR examines ratification documents for legal sufficiency and an authenticating signature. 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 serves as official notice to Congress and the nation that the amendment process has been completed.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 proposal format | Joint resolution |
| Amendment ratification | Ratification by three-fourths of the states (38 out of 50) |
| Amendment certification | Formal proclamation by the Archivist of the United States |
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What You'll Learn
- Two-thirds majority vote in both the House of Representatives and the Senate
- Two-thirds of state legislatures can call a national convention
- The Archivist of the US administers the ratification process
- The Director of the Federal Register examines ratification documents
- Three-fourths of the states must ratify for an amendment to become law
Two-thirds majority vote in both the House of Representatives and the Senate
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress can initiate the formal constitutional amendment process through a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least 66% of all representatives in both chambers must agree to the proposed amendment.
The two-thirds majority vote in both the House of Representatives and the Senate is one of two methods outlined in Article V for proposing amendments to the Constitution. The other method is a constitutional convention called for by two-thirds of the state legislatures, which has never been used to propose any of the 27 amendments to the Constitution.
The two-thirds majority vote in Congress initiates the amendment process, with the proposal taking the form of a joint resolution. The President does not have a constitutional role in the amendment process, so 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 plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, it assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50 States) to become part of the Constitution.
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Two-thirds of state legislatures can call a national convention
The formal process of amending the US Constitution is outlined in Article V of the US Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures (34 out of 50 states) can call for a national convention to propose amendments. This is the method that relates to your query.
This method has never been used to propose an amendment. However, it is a valid way to propose amendments, and it has the same legal weight as amendments proposed by Congress. The process of calling for a national convention is as follows:
State legislatures must first pass a resolution calling for a national convention. This resolution must be passed by at least two-thirds of the state legislatures. Once this threshold is reached, the national convention is called.
During the national convention, delegates from each state meet to discuss and propose amendments to the Constitution. The amendments proposed at the convention are then sent to the states for ratification.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be done through the state legislatures or special ratification conventions in three-fourths of the states, as determined by Congress.
It is important to note that while two-thirds of state legislatures can initiate the process of calling for a national convention, the ratification process ultimately falls to the states themselves. This ensures that any amendment has sufficient support across the country and protects against potential special interests of a simple majority in Congress or the state legislatures.
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The Archivist of the US 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. The current Archivist of the United States is Dr. Colleen Shogan, who was nominated by President Joe Biden in 2022 and confirmed and sworn in by the Senate in May 2023. She was the first woman to permanently hold this position.
The Archivist's role in the ratification process involves receiving an original or certified copy of state action when a state ratifies a proposed amendment. The Archivist then delegates the duty of examining ratification documents for facial legal sufficiency and an authenticating signature to the Director of the Federal Register. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
Once an amendment is adopted, the Director transfers the records to the National Archives for preservation. The Archivist then issues a certificate proclaiming that the amendment has been duly ratified 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.
It is important to note that the Archivist does not make 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. The signing of this certification has become a ceremonial function attended by various dignitaries, including the President.
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The Director of the Federal Register examines ratification documents
The Director of the Federal Register plays a crucial role in the constitutional amendment process, specifically in examining ratification documents. This process is initiated when two-thirds of both the House and the Senate propose a constitutional amendment or when two-thirds of state legislatures call for a constitutional convention.
Once an amendment is proposed, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR, under the supervision of the Director of the Federal Register, examines the ratification documents to ensure facial legal sufficiency and the presence of an authenticating signature. This process involves a thorough review to ensure that the documents meet the necessary legal standards and that the signatures are valid.
If the Director of the Federal Register finds the ratification documents to be in order, they acknowledge receipt and maintain custody of them. This step is crucial as it ensures the integrity and authenticity of the ratification process. The Director's role in examining and verifying the documents helps to prevent any potential fraud or irregularities in the amendment process.
The Director of the Federal Register also plays a role in preserving the records. Once an amendment is adopted or fails, the Director transfers the records to the National Archives for preservation. This ensures a transparent and complete historical record of the constitutional amendment process, allowing for future reference and research.
It is important to note that the Director of the Federal Register operates within the guidelines established by the Archivist of the United States, who is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. The Director's examination of ratification documents is, therefore, conducted in accordance with these guidelines and procedures.
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Three-fourths of the states must ratify for an amendment to become law
The formal process of amending the US Constitution is outlined in Article V of the US Constitution. Congress can initiate the formal constitutional amendment process through a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least 66% of all representatives in both chambers must agree to the proposed amendment.
Once an amendment is proposed, it must be ratified by three-fourths of the states to become law. This means that 38 out of 50 states must approve for the amendment to be adopted. 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). 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 the 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 Director retains these documents until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
Once three-fourths of the states have ratified the amendment, the OFR 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 has been completed. This certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
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Frequently asked questions
Congress can initiate the formal constitutional amendment process through a two-thirds majority vote of each house. This includes 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 original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the document, publishes it in slip law format, and assembles an information package for the states. This package includes formal "red-line" copies and copies in slip law format.
A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
