Eleanor Finch
Article V of the United States Constitution outlines two methods for Congress to propose amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-quarters of the state legislatures or ratifying conventions in three-quarters of the states. This process has been used to propose and ratify 27 amendments, known as the Bill of Rights, with six additional amendments proposed but not ratified.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | Congress or a convention called by Congress at the request of two-thirds of state legislatures |
| What is required for Congress to propose an amendment? | A two-thirds vote in both the House of Representatives and the Senate |
| What is the alternative method for proposing an amendment? | A convention called by Congress at the request of two-thirds of the states |
| What is required for an amendment to become part of the Constitution? | Ratification by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states |
| How many amendments have been proposed by Congress? | 33 |
| How many amendments have been ratified? | 27 |
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What You'll Learn
Two-thirds majority in both Houses
Article V of the United States Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used for all 33 amendments submitted to the states for ratification.
To achieve a two-thirds majority in both Houses, Congress must vote on a proposed amendment. This vote is not based on the entire membership of each House but rather on the members present, assuming a quorum is met. This means that at least half of the members of each House must be present for the vote to take place.
Once the vote is held, the proposed amendment must receive support from at least two-thirds of the members present in both the House of Representatives and the Senate. Achieving this two-thirds majority in both Houses is crucial for an amendment to advance in the constitutional amendment process.
It is important to note that the two-thirds majority requirement applies to each House separately. Therefore, the support of two-thirds of the members present in the House of Representatives and two-thirds of the members present in the Senate is necessary. This ensures that both Houses have an equal say in the proposal of constitutional amendments.
Achieving a two-thirds majority in both Houses is a significant step in the process of amending the Constitution. It demonstrates a strong consensus among Congress members and sets the stage for the next steps in the amendment process, including ratification by the states.
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Convention for proposing amendments
Article V of the United States Constitution outlines two methods for proposing amendments. The first method is for Congress to propose amendments by a two-thirds vote in both houses. The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the application of two-thirds of state legislatures (34 out of 50 states).
The convention method for proposing amendments, also known as an Article V Convention, state convention, or amendatory convention, has been the subject of debate and speculation among scholars. While it has never been used to amend the Constitution, there have been instances where the number of states applying for a convention has nearly reached the required threshold. Some scholars argue that states can determine the scope of an Article V convention by applying for a convention on specific subjects or amendment texts, while others argue that the Constitution only provides for a general convention not limited in scope.
The process of calling a convention for proposing amendments was included in the Constitution to address concerns about the potential abuse of power by Congress and the difficulty of amending the Constitution under the Articles of Confederation, which required unanimous consent from all state legislatures. The convention method is intended to empower states to initiate constitutional change and provide a mechanism for addressing faults in the Constitution.
Despite the availability of the convention method, Congress has discretion in determining whether to call a convention and may refuse to submit amendments resulting from an Article V convention to the states for ratification. The Supreme Court's ruling in Coleman v. Miller (1939) further complicates the matter, as it remains unclear whether federal courts could assert jurisdiction over legal challenges to Congress's refusal to call a convention.
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Ratification by three-fourths of state legislatures
Article V of the United States Constitution outlines two methods for proposing amendments to the Constitution. The first method requires a two-thirds vote in both the House of Representatives and the Senate to propose an amendment. The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of the state legislatures.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Article V provides two options for ratification: ratification by the legislatures of three-fourths of the states or ratification by conventions in three-fourths of the states. Congress has the authority to choose the mode of ratification.
Ratification by three-fourths of the state legislatures means that the proposed amendment must be approved by the legislative branch of the specified number of states. This branch, also known as the state government, is responsible for enacting laws for the state. This method of ratification has been used for all amendments except one, the Twenty-First Amendment, which was ratified by conventions in 1933.
The process of ratification by state legislatures allows for direct participation of the state governments in approving amendments to the Constitution. Each state's vote carries equal weight, regardless of its population or length of time in the Union. This ensures that smaller states have a proportional influence in the ratification process.
The requirement of ratification by three-fourths of the states ensures that any amendment to the Constitution reflects a broad consensus among the states. It prevents a small minority of states from blocking an amendment and protects against hasty or controversial changes to the nation's governing document.
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Ratification by conventions in three-fourths of states
Article V of the United States Constitution outlines two methods for proposing amendments to the Constitution. The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of the state legislatures. This convention method of proposing amendments is designed to “erect barriers against the encroachments of the national authority".
Once an amendment has been proposed, it must be ratified. Congress can determine whether ratification is by the state legislatures or by conventions in three-fourths of states. This is the process by which the Twenty-First Amendment was ratified in 1933.
The convention method of proposing amendments has been debated by scholars. Some argue that Congress must call a convention when the requisite number of state applications is received, while others contend that Congress has the discretion to determine that limited conventions are not allowed. There is also debate about whether Congress can limit the convention in any way and to what extent Congress controls other aspects of the convention, such as rules of procedure.
Despite these debates, the convention method of proposing amendments can be a powerful tool for state legislatures to have a say in the constitutional amendment process and protect their interests.
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Congress's independent machinery to propose amendments
Article V of the United States Constitution outlines two methods for proposing amendments. The first method, which has been used for all 33 amendments submitted to the states for ratification, requires a two-thirds majority vote in both the House and the Senate to propose an amendment. This method allows Congress to propose amendments on its own initiative and gives it the power to initiate constitutional change.
The second method, which has never been used, is a convention option that requires Congress to call a convention for proposing amendments upon the request of two-thirds of the states. This method provides a way for the states to bypass Congress and propose amendments independently. However, Congress has the discretion to determine whether to allow limited conventions, and it may refuse to submit amendments resulting from an Article V convention to the states for ratification.
The debate surrounding Congress's independent machinery to propose amendments centres on the role of Congress in the amendment process. Some scholars argue that Congress should have the power to propose amendments and initiate constitutional change, while others believe that proposals should originate from the states to prevent congressional interference. The second method, which has yet to be invoked, provides a balance by allowing state legislatures to propose amendments independently while still requiring congressional approval for ratification.
Overall, Congress's independent machinery to propose amendments, as outlined in Article V, provides a framework for proposing and ratifying amendments. The first method gives Congress the power to propose amendments directly, while the second method allows for state involvement and independence through conventions. The two-thirds majority vote requirement in both methods ensures that a consensus is needed before an amendment can be proposed, protecting the Constitution from extreme facility or difficulty in making changes.
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Frequently asked questions
Congress can propose an amendment to the Constitution by achieving a two-thirds majority vote in both the House of Representatives and the Senate.
The alternative method is for Congress to call a convention for proposing amendments at the request of two-thirds of state legislatures. This method has never been used.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The amendment must then be ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states.
Congress has proposed 33 amendments to the Constitution, 27 of which have been ratified.
The process for proposing amendments at a convention is not specifically outlined in Article V, which establishes the procedures for amending the Constitution. However, it is likely that Congress would have some involvement in this process as well.
