Simone Lawson
Article V of the United States Constitution outlines the procedures for amending the Constitution. It is not an easy process to amend the Constitution, with only 27 amendments since its adoption. Article V details a few ways in which the Constitution can be amended. One method, which has been used for every amendment so far, is for Congress to propose an amendment, which must be ratified by three-quarters of the states. An alternative method, which has never been used, is for two-thirds of state legislatures to bypass Congress and call a convention for proposing amendments, which would then be sent to the states for ratification.
| Characteristics | Values |
|---|---|
| Proposal of amendments | Congress with a two-thirds vote in both the House of Representatives and the Senate, or by a convention called by Congress at the request of two-thirds of state legislatures |
| Ratification | By legislatures of three-quarters of states or by conventions in three-quarters of states, as determined by Congress |
| Amendment deadline | None stated, but the National Prohibition Cases (1920) ruled that a two-thirds vote is required for proposing amendments |
| Amendment validity | An amendment becomes valid as soon as it is ratified by three-quarters of the states (38 out of 50) |
| Amendment process | Congress proposes an amendment in the form of a joint resolution, which is then forwarded to NARA's Office of Federal Register (OFR) for processing and publication |
| Amendment certification | In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President |
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What You'll Learn
- Amendments must be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate
- Amendments can be proposed by a convention called by Congress at the request of two-thirds of state legislatures
- Amendments must be ratified by three-quarters of states or conventions in three-quarters of states
- Congress chooses the mode of ratification
- The Archivist of the United States administers the ratification process
Amendments must be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate
Article V of the United States Constitution outlines the procedures for amending the Constitution. It specifies that amendments can be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. This process, known as proposing amendments by joint resolution, does not involve the President and does not require their signature or approval.
To initiate this process, Congress must first propose an amendment in the form of a joint resolution. This proposal requires the support of two-thirds of both houses of Congress, demonstrating a strong consensus among legislators. Once an amendment is proposed by Congress, it is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. Specifically, it is sent to NARA's Office of the Federal Register (OFR) for review and dissemination.
The OFR plays a crucial role in this 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, copies in slip law format, and the statutory procedure for ratification under the relevant legal framework. This information package ensures that states have the necessary information and context to consider the proposed amendment.
After the OFR completes its initial processing, 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 state governor, along with the informational material prepared by the OFR. This stage is crucial as it involves seeking the approval of state legislatures or conventions to enact the amendment.
To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states. This process ensures that a substantial majority of states agree to the proposed change. It is worth noting that each state's vote carries equal weight, regardless of its population or length of time in the Union. Once the required number of states has ratified the amendment, the OFR verifies the authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register and recognised as an official amendment to the Constitution.
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Amendments can be proposed by a convention called by Congress at the request of two-thirds of state legislatures
Article V of the United States Constitution outlines the procedure for amending the Constitution. Amendments can be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a convention called by Congress at the request of two-thirds of state legislatures. This process has the potential to bypass Congress, although it has never been used.
The process of calling a convention for proposing amendments is outlined in Article V. When two-thirds of the state legislatures make an application to Congress, Congress must call a convention for proposing amendments. This convention can propose amendments without requiring approval from Congress. The proposed amendments are then sent to the states for ratification.
For an amendment to become part of the Constitution, ratification by three-quarters of the states is required. This can be achieved through ratification by the legislatures of three-quarters of the states or by conventions in three-quarters of the states. Congress has the authority to choose the mode of ratification. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The process of proposing and ratifying amendments involves several key steps. Congress proposes an amendment in the form of a joint resolution, which is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this process by sending informational packages to the states and drafting a formal proclamation once the required number of authenticated ratification documents is received.
In summary, amendments to the United States Constitution can be proposed by a convention called by Congress at the request of two-thirds of the state legislatures. This process bypasses the need for a two-thirds vote in both houses of Congress. The proposed amendments are then subject to ratification by three-quarters of the states, either through their legislatures or conventions. The procedures outlined in Article V ensure a deliberate and comprehensive approach to amending the Constitution.
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Amendments must be ratified by three-quarters of states or conventions in three-quarters of states
Article V of the United States Constitution outlines the procedure for amending the Constitution. It states that amendments may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a convention called by Congress 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. Ratification can be achieved through one of two methods, as determined by Congress: ratification by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This means that at least 38 out of 50 states must ratify the amendment for it to become part of the Constitution. Each state's vote carries equal weight, regardless of its population or length of time in the Union.
The process of proposing and ratifying amendments is designed to ensure a careful and deliberate approach to changing the Constitution. It requires broad support across a significant majority of states, reflecting a consensus among the American people. This procedure has been in place since the adoption of the Constitution and has been used to propose and ratify amendments on various topics, including civil rights, voting rights, and prohibition.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works closely with the Director of the Federal Register to follow established procedures and customs. Once an amendment is ratified, the Archivist certifies its validity, and it becomes an official part of the Constitution.
It is worth noting that while Article V provides a potential way for states to bypass Congress in proposing amendments, this method has never been used. Additionally, the process of amending the Constitution is deliberately challenging, with only 27 amendments successfully added since the Constitution's adoption. This highlights the importance of a careful and thoughtful approach to any changes made to the nation's founding document.
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Congress chooses the mode of ratification
Article V of the United States Constitution outlines the process for amending the Constitution. It describes two methods for proposing amendments and two methods for ratifying them.
Congress can propose amendments to the Constitution with a two-thirds vote in both the House of Representatives and the Senate. Alternatively, Congress can call a convention to propose amendments at the request of two-thirds of state legislatures.
Once an amendment has been proposed, it must be ratified. Congress chooses the mode of ratification, which can be done through one of two methods. The first and most common method is for the legislatures of three-quarters of the states to ratify the amendment. This ensures that any changes to the Constitution have widespread support across the country. The second method, used only once in American history for the 1933 ratification of the Twenty-First Amendment, involves ratifying conventions in three-quarters of the states. This method is employed when a more direct form of democratic participation is necessary.
Both ratification methods require a consensus among the states, emphasising the importance of broad agreement in constitutional amendments. The rigorous process ensures that any changes to the Constitution reflect a broad consensus and have the support of a supermajority of states.
The process of amending the Constitution, as outlined in Article V, highlights the checks and balances in place to ensure that any changes to the nation's foundational document are carefully considered and widely accepted.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist heads the National Archives and Records Administration (NARA) and is charged with upholding the integrity of the constitutional amendment process. They ensure that any changes to the Constitution are carried out in accordance with the law.
Once Congress proposes an amendment, 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 Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register for examination and custody.
The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt. A proposed amendment becomes part of the Constitution when ratified by three-quarters 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. 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 current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden and sworn in by the Senate in May 2023. The Archivist is appointed by the President with the advice and consent of the Senate. They are 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. The Archivist also has duties concerning the custody of Electoral College documents during presidential elections.
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Frequently asked questions
Article V of the US Constitution describes the procedure for altering the Constitution.
According to Article V, amendments may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. An amendment must then be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
Only twenty-seven amendments have been added to the Constitution since it was adopted.
The President does not have a constitutional role in the amendment process.
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