Jonah Patel
The United States Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments being adopted in 1791 as the Bill of Rights. The process of amending the Constitution is outlined in Article V of the Constitution and is a challenging and lengthy process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. The President does not have a constitutional role in the amendment process. Once an amendment is ratified, the Archivist of the United States certifies it, and it becomes part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal | Constitutional convention called for by two-thirds of state legislatures |
| Number of amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Ratification | Three-fourths of the States (38 of 50) |
| Certification | Formal proclamation by the Archivist |
| Publication | Federal Register and U.S. Statutes at Large |
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What You'll Learn
The authority to amend the Constitution
The authority to amend the United States Constitution is derived from Article V of the Constitution. The process of amending the Constitution is intentionally difficult, as the framers wanted to ensure the document would last "for ages to come".
Amendments 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 state legislatures. The latter option has never been used. Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50). The OFR examines ratification documents for legal sufficiency and authenticity of signatures. 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 U.S. Statutes at Large and serves as official notice to Congress and the nation that the amendment process has been completed.
In summary, the authority to amend the Constitution rests with Congress and the states, with Congress proposing amendments and the states ratifying them. The process is deliberately challenging, reflecting the importance and longevity intended for the Constitution.
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How amendments are proposed
The process of amending the United States Constitution is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution.
A proposed amendment must first be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of both houses of Congress must agree to the amendment. This is not a simple task and requires significant support for the amendment. The President does not have a constitutional role in this process. Once passed by Congress, the amendment is proposed in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, creating an information package for the States.
The second step is for the amendment to be ratified by three-fourths of the States (38 out of 50 States). This is another challenging hurdle, as a large majority of states must agree to the amendment. When the OFR receives the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
It is important to note that there is another option to initiate the amendment process, although it has never been used. Two-thirds of the State legislatures can call for a Constitutional Convention, which could then propose an amendment. This alternative method has gained some support, but the traditional process, as outlined above, remains the standard approach to proposing amendments.
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The ratification process
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, or Congress, to propose an amendment. This is done in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes and publishes the resolution in slip law format, as well as assembling an information package for the states.
The second method, which has never been used, involves two-thirds of the state legislatures calling for a constitutional convention to propose amendments.
Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures, or three-fourths of state ratifying conventions, as determined by Congress. 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 administers the ratification process. The Archivist then delegates the duty to the Director of the Federal Register, who 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 until an amendment is adopted or fails.
Once three-fourths of the states (38 out of 50) 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 is complete. The signing of the certification has become a ceremonial function attended by various dignitaries, sometimes including the President.
In summary, the ratification process for fixing amendments to the Constitution involves proposing an amendment through Congress or a constitutional convention, followed by ratification by a specified number of states, and finally, certification by the Archivist of the United States.
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The role of the Archivist
The process of amending the Constitution of the United States is a complex and lengthy procedure, and the Archivist of the United States plays a crucial role in this process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when Congress proposes an amendment. This responsibility is derived from Article V of the Constitution and the relevant provisions of 1 U.S.C. 106b.
While the Archivist has delegated many of the day-to-day duties associated with this function to the Director of the Federal Register, the former still plays a vital role in certifying the validity of an amendment. Once a proposed amendment has been ratified by three-fourths of the States (38 out of 50), the Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has officially become part of the Constitution. The Archivist's signature on this document signifies the completion of the amendment process.
The Archivist's role in this process is primarily procedural and does not involve making substantive determinations regarding the validity of State ratification actions. Instead, they rely on the procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist's certification of the facial legal sufficiency of ratification documents is, however, considered final and conclusive.
In the case of the 27th Amendment, the Archivist, Don W. Wilson, became the first and, so far, only Archivist to certify a constitutional amendment. This amendment, which limits Congress's ability to change its pay until the next term, was proposed in 1789 and ratified in 1992. The lengthy time gap between the proposal and ratification made the certification process somewhat controversial. Despite this, the Archivist's role in certifying the amendment highlighted the importance of their function in the constitutional amending process.
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The difficulty of amending the Constitution
The United States Constitution is widely regarded as one of the most difficult constitutions to amend. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". To ensure its longevity, the framers intentionally made the process of amending the document challenging.
The authority to amend the Constitution is derived from Article V, which outlines the primary paths for doing so. A proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate. This is a challenging threshold to meet, requiring significant consensus across political divides. Following this, the amendment must be ratified by three-fourths of the states (38 out of 50). This step ensures that any changes to the Constitution reflect the will of a significant majority of the country.
The process of amending the Constitution is deliberately time-consuming and rigorous. It requires broad support across a diverse range of interests and ideologies. While this was challenging enough when the nation was young, it has become even more difficult as the country has grown in size and population. The close political divide in Congress further exacerbates the difficulty of achieving the required supermajorities.
Despite numerous attempts, only 27 amendments have been ratified since the Constitution was drafted in 1787. This includes the first 10 amendments, known as the Bill of Rights, which were adopted in 1791. The last successful amendment was the 27th Amendment in 1992. In recent years, supporters of various causes, including congressional term limits and a balanced budget amendment, have been unable to secure the necessary support for their proposed amendments.
While the Constitution's enduring nature is commendable, some critics argue that its rigidity is cause for concern. In the last half-century, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but these efforts have largely failed to gain traction. The difficulty of amending the Constitution has led to concerns about its ability to adapt to the changing needs and values of a modern society.
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Frequently asked questions
The Constitution has been amended 27 times since it was drafted in 1787.
The authority to amend the Constitution of the United States is derived from 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.
After an amendment is proposed, it must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. Once ratified, the amendment becomes part of the Constitution.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The OFR, a part of NARA, verifies that the required number of authenticated ratification documents have been received and then drafts a formal proclamation for the Archivist to certify that the amendment is valid.
Yes, the Constitution provides that an amendment may also be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all amendments to date have been proposed by Congress.
