Eleanor Finch
The process of amending the United States Constitution is outlined in Article V, which provides two methods for proposing amendments. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method is through 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 state legislatures or by ratifying conventions in three-fourths of the states. This process ensures that any changes made to the Constitution are carefully considered and have a broad consensus across the country. While the U.S. Constitution has been amended only 27 times since 1787, state constitutions are amended more frequently, with some states making changes several times a year.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | By the legislatures of three-fourths of the States, or by conventions in three-fourths of the States, as determined by Congress |
| Amendment certification | Formal proclamation by the Archivist of the United States certifying the amendment's validity, published in the Federal Register and U.S. Statutes at Large |
| Number of amendments ratified | 27 out of 33 proposed amendments have been ratified since 1787 |
| State constitutions amendments | State constitutions are amended more frequently, with the current 50 states amending their constitutions around 7,000 times |
| Citizen-initiated amendments | 17 states allow citizen-initiated amendments, with varying requirements for ratification |
Explore related products
![Ratification of the Twenty-First Amendment of the Constitution of the United States [1938]: State Convention Records and Laws](https://m.media-amazon.com/images/I/71KMq9r2YgL._AC_UY218_.jpg)
What You'll Learn
The role of the Archivist of the United States
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it is the responsibility of the Archivist of the United States to administer the ratification process.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in the amendment process. Firstly, 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, depending on the specifications provided by Congress.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist then conveys this information to the Director of the Federal Register, who examines the ratification 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 until an amendment is adopted or fails.
Finally, when the OFR verifies that it has received the required number of authenticated ratification documents (from three-fourths of the states, or 38 out of 50 states), 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, serving as official notice to Congress and the nation that the amendment process is complete.
The Archivist's role in the amendment process is primarily administrative, and they do not make any 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 Archivist's signature on the certification has become a ceremonial function, sometimes attended by various dignitaries, including the President.
Amending Indiana's Constitution: The Process Explained
You may want to see also
Ratification by three-fourths of state legislatures
The United States Constitution was written to be a durable document, with a difficult amendment process. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. This article outlines two methods for proposing amendments and two methods for their ratification.
The first method of ratification, and the focus of this response, requires three-fourths of the state legislatures to ratify an amendment to the Constitution. This means that 38 out of 50 states must ratify a proposed amendment for it to become part of the Constitution.
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 the ratification process to the Director of the Federal Register. The Director 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 until an amendment is adopted or fails.
Once the Office of the Federal Register (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, serving as official notice to Congress and the nation that the amendment process has been completed.
It is important to note that the process of amending the Constitution is challenging and time-consuming. Since the Constitution was drafted in 1787, it has only been amended 27 times, with 33 amendments submitted to the states for ratification.
Repealing State Amendments: A Guide to Success
You may want to see also
Ratification by three-fourths of conventions
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments.
Congress determines the method of ratification. The first method of ratification requires three-fourths of state legislatures to ratify an amendment. The second method, which has only been specified once, for the Twenty-First Amendment, requires three-fourths of state ratifying conventions to approve a proposed amendment.
In the case of the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition, Congress specified that conventions in three-fourths of the states must ratify the amendment for it to become operative. This was partly to bypass the Temperance lobby, which remained powerful in state legislatures, and to increase the chances of successful ratification.
Article V establishes an alternative method for amending the Constitution by a convention of the states. This method has never been used. However, some scholars have speculated that states may encourage Congress to propose an amendment on a particular matter by applying for an Article V convention on that issue.
Amendments: Our Constitution's Evolution and Adaptability
You may want to see also
Explore related products
Citizen-initiative processes
The process of amending the U.S. Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, and the process is designed to ensure its longevity. Article V of the Constitution outlines the authority to amend it, and there are two methods for proposing amendments. Firstly, Congress must pass a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, a constitutional convention can be called for by two-thirds of state legislatures, although this has never happened.
Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures (38 out of 50 states). State constitutions are much easier to modify, and they offer multiple paths for citizens to initiate constitutional amendments. Seventeen to eighteen states currently allow citizen-initiative processes, where citizens can propose amendments directly or indirectly. Direct initiatives go straight to voters, while indirect initiatives go through the state legislature first. In most states, citizen-initiated amendments must be ratified by a simple majority of voters, while some states require a supermajority.
In Massachusetts, citizen-initiated amendments must gain support from one-fourth of the legislature in two consecutive sessions before appearing on the ballot. Nevada has an additional requirement, where amendments must be approved by a majority of voters in two consecutive elections. Mississippi previously allowed citizen-initiated amendments but, in 2021, the state's Supreme Court ruled that the signature distribution requirement was impossible to meet due to congressional reapportionment. This effectively halted the initiative process in the state until the requirements are revised.
The process of amending state constitutions varies, with some states amending them regularly, while others do so infrequently. While the U.S. Constitution is challenging to amend, state constitutions provide more accessible pathways for citizens to drive change and influence policy through citizen-initiative processes.
Amending a Flexible Constitution: A Dynamic Process
You may want to see also
The role of Congress
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The role of Congress is crucial in this process. Firstly, Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. Congress has used this procedure to propose thirty-three constitutional amendments, indicating its central role in initiating the amendment process.
Once an amendment is proposed, Congress determines the method by which the states must ratify it. There are two methods of ratification outlined in Article V: the first requires ratification by three-fourths of the state legislatures, and the second mandates approval by three-fourths of state ratifying conventions. Congress has specified the second mode of amendment only once, for the Twenty-First Amendment.
After an amendment is ratified by the required number of states, the Archivist of the United States, in conjunction with the Director of the Federal Register, administers the final steps of the process. They ensure the legal sufficiency and authenticity of ratification documents before certifying that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register, marking the completion of the amendment process.
It is important to note that the President does not have a constitutional role in amending the Constitution. While the amendment process is challenging and time-consuming, Congress plays a pivotal role in proposing amendments and setting the ratification method, demonstrating its significant influence in shaping the nation's fundamental laws.
Constitutional Amendment A: Utah's Costly Proposition
You may want to see also
Frequently asked questions
The process to ratify an amendment to the US Constitution is outlined in Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states.
Congress plays a crucial role in the ratification process. Firstly, Congress proposes amendments with a two-thirds majority vote in both chambers. Secondly, Congress determines the mode of ratification, choosing between ratification by state legislatures or ratifying conventions. Congress has only specified the second mode of amendment once, for the Twenty-First Amendment.
The Archivist of the United States is responsible for administering the ratification process. The Archivist receives original or certified copies of state actions related to the proposed amendment and delegates ministerial duties to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution.
Amending the US Constitution is a challenging and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787, indicating the high bar for amendments. The amendment process requires supermajority support in Congress and ratification by three-fourths of the states, ensuring that any changes to the Constitution reflect broad consensus across the country.
