Malcolm Rivera
The process of ratifying an amendment to the United States Constitution is a difficult and time-consuming endeavour. The Constitution has only been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for states to ratify amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by the legislatures of three-fourths of the states. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention, and then three-fourths of the states must ratify the amendment through conventions. The process is managed by the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA).
| Characteristics | Values |
|---|---|
| Difficulty | The process of ratifying an amendment is difficult and time-consuming. |
| Framers' Intent | The framers of the US Constitution intended for it to endure for ages, making amendments a challenging task. |
| Number of Amendments | The US Constitution has been amended only 27 times since 1787, including the Bill of Rights. |
| Requirements | An amendment must be passed by two-thirds of both houses of Congress and ratified by three-fourths of state legislatures or conventions. |
| Alternative Process | Two-thirds of state legislatures can request a Constitutional Convention to propose amendments, although this has never occurred. |
| Certification | The Archivist of the US and the Director of the Federal Register play key roles in the ratification process, including certifying amendments. |
| State Rejection | States can reject amendments by sending official documents to NARA, but the Archivist does not determine the validity of these actions. |
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![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
Amendments must be passed by two-thirds of both houses of Congress
The process of amending the United States Constitution is deliberately difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, and each amendment has had a significant impact on the country and its citizens.
Amending the Constitution begins with a proposal, which can be initiated in two ways. Firstly, two-thirds of both houses of Congress can pass a proposed amendment. Secondly, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose an amendment. To date, no Constitutional Convention has been called, and all amendments have originated from Congress.
Once a proposed amendment has been passed by two-thirds of both houses of Congress, it is then sent to the states for ratification. Congress determines which of the two methods of ratification will be used. The first method requires ratification by the legislatures of three-fourths of the states. The second method, which has only been specified once, for the Twenty-First Amendment, requires ratification by three-fourths of state ratifying conventions.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's role is to ensure the facial legal sufficiency of ratification documents, and their certification is final and conclusive. The Director of the Federal Register examines ratification documents and, if they are in good order, acknowledges receipt and maintains custody.
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Three-fourths of state legislatures must ratify an amendment
The process of amending the Constitution of the United States is a complex and lengthy procedure. The authority to amend the Constitution is derived from Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated in two ways. Firstly, two-thirds of both Houses of Congress can deem it necessary to propose an amendment. Alternatively, on the application of the legislatures of two-thirds of the states, a convention for proposing amendments can be called.
Once an amendment has been proposed, it must be ratified. There are two methods of ratification, as outlined in Article V, and Congress determines which method must be followed. The first method, which has been utilised for all amendments except one, requires the ratification of three-fourths of the state legislatures. This equates to 38 out of 50 states and is an arduous task. The second method, which has only been specified once, involves gaining approval from three-fourths of state ratifying conventions.
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 duties to the Director of the Federal Register, who plays a crucial role in the process. When a state ratifies a proposed amendment, it sends the Archivist or the Director an original or certified copy of the state action. The Director examines the ratification documents for legal sufficiency and authenticity before acknowledging receipt and maintaining custody.
The process of amending the Constitution is intentionally challenging. Chief Justice John Marshall wrote that the Constitution was designed "to endure for ages to come". As a result, the framers made the amendment process difficult, and only 27 amendments have been made since 1787. Amending the Constitution requires a significant impact on all Americans or the need to secure citizens' rights.
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Alternatively, three-fourths of state ratifying conventions can approve
The United States Constitution outlines two methods for ratifying proposed constitutional amendments. The first method involves ratification by the legislatures of three-fourths of the states. The second method, which has only been specified once—for the Twenty-First Amendment in 1933—involves ratification by conventions in three-fourths of the states.
State ratifying conventions are a more complex process than the legislature method. This is because they are separate and distinct from state legislatures. While legislatures can simply propose a resolution and vote, conventions require the election of delegates, who are then assembled to vote on the amendment. The process for electing delegates and conducting the convention is not specified in the Constitution or Supreme Court precedent, allowing for variation among states.
In Vermont, for example, the governor nominates 28 candidates, two from each county, with one supporting ratification and one against. Electors can vote for up to 14 candidates, regardless of their stance, and the top 14 vote-getters are elected as delegates. The governor then sets a date for the convention, which must be within 20 to 30 days after the election. The convention is held in the Vermont Senate chamber, and a majority of the elected delegates form a quorum.
The use of state ratifying conventions for the Twenty-First Amendment was likely influenced by the desire to bypass the Temperance lobby, which held power in state legislatures. By electing specific delegates to ratify the amendment, Congress increased the likelihood of its successful ratification. This approach also allowed legislators concerned about re-election to remain "off the hook" on a potentially controversial issue.
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Congress decides the method of ratification
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated in two ways: either 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, Congress decides on the method of ratification. Congress has the authority to determine whether state legislatures or state ratifying conventions should consider the ratification of a proposed amendment. This choice lies in the sole discretion of Congress.
There are two methods of ratification: the first requires three-fourths of the state legislatures (38 out of 50 states) to ratify the amendment, and the second method requires approval by three-fourths of state ratifying conventions. Congress has chosen the convention method of ratification only once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
Congress also has the power to specify a deadline for ratification. The Supreme Court has upheld Congress's ability to set a definite period for ratification, as seen in the case of Dillon v. Gloss, where the Court upheld a seven-year time limit on the ratification of the Eighteenth Amendment.
The amendment process is challenging and time-consuming. The United States Constitution was designed to endure, and as a result, the process of amending it is deliberately difficult. The amendment process involves multiple steps and requires approval from a significant portion of the states, ensuring that any changes made to the Constitution reflect the consensus of the nation.
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The Archivist administers the ratification process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist plays a crucial role in facilitating the process.
The Archivist's responsibilities include submitting the proposed amendment to the states for their consideration. This involves sending a letter of notification to each state governor, along with informational material prepared by the Office of the Federal Register (OFR). The OFR assists the Archivist by providing legislative history notes, assembling information packages for the states, and publishing the joint resolution in slip law format.
Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then conveys this information to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and an authenticating signature. The Archivist does not make substantive determinations about the validity of state ratification actions but certifies the facial legal sufficiency of the ratification documents.
When the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies 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 is complete. The Archivist's role is to uphold the integrity of the constitutional amendment process, ensuring that any changes to the Constitution are carried out in accordance with the law.
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Frequently asked questions
Two-thirds of both houses of Congress must pass a proposed amendment, or two-thirds of state legislatures can ask Congress to call a Constitutional Convention.
The Archivist of the United States submits the proposed amendment to the states for their consideration.
The governors submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
The state sends the Archivist of the United States an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register.
