Jonah Patel
The United States Constitution has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution comes from Article V of the Constitution itself. Amending the Constitution is a difficult task, as the framers intended. 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal | By a constitutional convention called for by two-thirds of the State legislatures |
| Number of amendments | 27 |
| First 10 amendments | Ratified on December 15, 1791, and known as the Bill of Rights |
| Ratification | Achieved with three-fourths of the States' approval (38 of 50 States) |
| Certification | Signed by dignitaries such as the President, the Archivist, or the Director of the Federal Register |
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What You'll Learn
The authority to amend the Constitution
Article V establishes two methods for proposing amendments to the Constitution. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for a constitutional convention to be called for by two-thirds of the State legislatures. An amendment proposed by either of these methods becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
The President does not have a constitutional role in the amendment process. Once an amendment is proposed, the original document is forwarded directly 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 to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist does not make any substantive determinations as to the validity of State ratification actions. However, the certification of the facial legal sufficiency of ratification documents by the Archivist is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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The process of proposing an amendment
The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then forwarded directly 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 to the joint resolution and publishes it in slip law format.
The second method is for a constitutional convention to be called for by two-thirds of the State legislatures. However, this method has never been used to propose any of the 27 amendments to the Constitution. Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified to become part of the Constitution.
Ratification can occur in one of two ways: by the legislatures of three-fourths of the States (38 out of 50 States) or by conventions in three-fourths of the States. The mode of ratification is proposed by Congress. After ratification, the OFR verifies that it has received the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The 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 process of proposing and ratifying an amendment to the United States Constitution is, therefore, a detailed and rigorous procedure that involves multiple steps and the participation of various governmental bodies.
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Ratification by state legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787, and the framers made it a difficult task on purpose. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The Congress proposes an amendment in the form of a joint resolution. This happens when two-thirds of both Houses deem it necessary. The joint resolution does not go to the White House for signature or approval; instead, the original document is sent 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.
For an amendment to be ratified by state legislatures, it must be approved by three-fourths of the several States (38 out of 50 States). 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 then 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. The Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, and the Director of the Federal Register signed as a witness.
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The role of the President in the process
The process of amending the US Constitution is derived from Article V of the Constitution. While the President does not have a formal constitutional role in amending the Constitution, they have played an informal and ceremonial role in the process.
The process of amending the Constitution begins with a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The joint resolution is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication, bypassing the White House. The OFR adds legislative history notes, publishes the joint resolution in slip law format, and assembles an information package for the states.
Once the OFR receives the required number of authenticated ratification documents from three-fourths of the states (38 out of 50), 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.
While the President is not involved in the proposal or ratification stages, they have played a ceremonial role in signing the certifications of amendments as a witness. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. Additionally, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, even though his signature was not required.
In the past, some Presidents have also played an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For instance, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification after Congressional approval. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, despite his signature not being necessary.
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The number of amendments to date
The authority to amend the US Constitution stems from Article V of the Constitution. Amendments can 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 an amendment is proposed by Congress, it is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
Since the Constitution came into operation on March 4, 1789, Congress has proposed 33 amendments, 27 of which have been ratified by the required three-fourths of states (38 out of 50) and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. Six proposed amendments have not been ratified by enough states, with four still pending, one closed and failed by its own terms, and one closed and failed by the terms of the resolution proposing it.
The last amendment to be ratified was the 27th Amendment, which was certified by the Archivist of the United States on May 18, 1992. The President often attends the signing ceremony as a witness, as was the case for the 24th, 25th, and 26th Amendments.
In total, there have been approximately 11,848 proposals to amend the Constitution introduced in Congress as of January 3, 2019.
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Frequently asked questions
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, or by a constitutional convention called for by two-thirds of the State legislatures. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted in 1791 and are known as the Bill of Rights.
The President does not have a constitutional role in the amendment process. However, in recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
In recent years, supporters of congressional term limits and a balanced budget amendment were not successful in getting the new amendments they wanted. There have been six constitutional amendments proposed by Congress that have not been ratified by the States.
While Article V establishes procedures for proposing and ratifying amendments, it does not explicitly mention whether it provides the exclusive methods for amending the Constitution. Some scholars argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.
