The Amendment Process: Getting Ratified

The United States Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending it is deliberately difficult and time-consuming. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This has only happened once in US history, with the 1933 ratification of the 21st Amendment.

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Amendments proposed by Congress

The United States Constitution was designed to endure for ages, and as such, the process of amending it is intentionally difficult and time-consuming. To date, there have been more than 10,000 measures to amend the Constitution proposed in Congress, but it has only been amended 27 times since it was drafted in 1787.

The proposed amendment is then submitted to the states for ratification. To become part of the Constitution, it must be ratified by three-quarters of the state legislatures (38 out of 50 states). 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 NARA. The Archivist delegates many of the duties associated with this function 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.

Once three-quarters of the states 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 that the amendment process is complete.

Ratification by state legislatures

The United States Constitution has been amended only 27 times since it was drafted in 1787. The framers made it difficult to amend the Constitution to ensure its longevity. Amending the Constitution of the United States is derived from Article V of the Constitution. The process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

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 the state legislatures. The Congress proposes an amendment in the form of a joint resolution.

When it comes to ratification by state legislatures, governors formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR 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.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). 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 has been completed.

While the U.S. Constitution is challenging to change, state constitutions are much easier to modify, and state constitutional amendments are adopted regularly. States offer multiple paths for amending their constitutions, and the rules for calling and holding conventions vary. Some states require amendments to be approved by a majority of voters in the entire election, while others allow for citizen-initiative processes or legislative joint resolutions.

Ratification by ratifying conventions

The United States Constitution has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution is intentionally difficult and time-consuming.

The Congress proposes an amendment in the form of a joint resolution. This requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can request that Congress call a constitutional convention to propose amendments. However, this has never happened.

Once an amendment is proposed, it is sent to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states).

The convention method of ratification is more complicated than the state legislature method. It is a separate process from the state legislature and requires the election of delegates. The procedures for these conventions can vary. For example, in Vermont, the governor has 60 days to call for the election of delegates, with 14 members in the state convention, one from each county.

The convention method of ratification has only been used once, for the Twenty-First Amendment in 1933. This amendment repealed the Eighteenth Amendment, which established Prohibition. At the time, many politicians believed that only state ratifying conventions should ratify amendments that implicated individual rights and morals.

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Citizen-initiated amendments

The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is deliberately difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, and then ratified by three-fourths of state legislatures (38 out of 50 states).

Eighteen states allow citizens to initiate constitutional amendments through ballot initiatives. Proponents of an ICA must collect a minimum number of petition signatures from registered voters in their state. Once the required number of signatures is collected, the ICA can be placed on the ballot for a vote.

There are two types of ICAs: direct and indirect. Direct ICAs go directly to the voters, bypassing the state legislature. On the other hand, indirect ICAs are sent to the state legislature first, which can take various actions on the proposal before it goes to a vote. Out of the 18 states that allow ICAs, 16 use the direct initiative process, while Massachusetts and Mississippi use the indirect initiative process.

The Archivist's role

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process of any amendments to the Constitution. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. This is then conveyed 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.

The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.

In summary, the Archivist of the United States plays a crucial role in the constitutional amendment process by overseeing the ratification process, ensuring the proper procedures are followed, and certifying the legal sufficiency of ratification documents. This role helps maintain the integrity and finality of the amendment process.

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