Jonah Patel
The United States Constitution, written in 1787, is the oldest written national constitution still in use. Amending the Constitution is a difficult and time-consuming process. Article V of the Constitution outlines the procedure for amendments, which 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 state legislatures. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). This ensures that any changes to the Constitution are significant and impact all Americans.
| Characteristics | Values |
|---|---|
| Authority to amend | 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 |
| Amendment proposal alternative | By a constitutional convention called for by two-thirds of the State legislatures |
| Number of amendments | 27 |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Amendment certification | Published in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
The role of Congress in proposing amendments
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made amending the document a difficult task to ensure its longevity. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's 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.
Congress can also propose amendments upon the application of the legislatures of two-thirds of the states, which would then call for a convention for proposing amendments. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
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The role of the Archivist of the United States
The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787. The Archivist of the United States plays a crucial role in this process. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA). They are responsible for planning, developing, and administering all programs and functions of NARA. This includes supervising and directing the National Archives and its employees, who preserve the records of the US Government and make them accessible to the public.
The Archivist of the United States is appointed by the President and has specific duties concerning the custody of important documents. For example, in US presidential elections, the Archivist maintains custody of Electoral College documents, such as certificates of ascertainment and certificates of vote. Additionally, the Archivist receives the original version of all statutes of the United States once they are enacted.
A key role of the Archivist in amending the Constitution is administering the ratification process. After Congress proposes an amendment, the Archivist receives certified copies of state actions from the governors or state legislatures. The Archivist then conveys these documents to the Director of the Federal Register for examination and custody. Once the required number of authenticated ratification documents is verified, 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 the nation.
The Archivist of the United States also has broader responsibilities beyond the amendment process. They establish priorities, direction, required resources, staffing, and schedules to accomplish the strategic vision and goals of NARA. The Archivist ensures that new initiatives align with the agency's strategic goals and determines the feasibility of projects. Additionally, the Archivist renders final agency decisions on formal complaints of discrimination and serves as the appeal official for Freedom of Information Act (FOIA) requests and mandatory declassification review requests.
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The ratification process
Once an amendment is proposed, it is sent to the Office of the Federal Register (OFR), which prepares an information package for the states. This package includes formal "red-line" copies of the joint resolution and copies in slip law format. The OFR also examines the ratification documents for legal sufficiency and the presence of an authenticating signature.
The amendment is then submitted to the states for ratification. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When a state ratifies an 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 the responsibility for administering the ratification process, although many duties are delegated to the Director of the Federal Register.
Once the OFR receives 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 is complete.
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The role of state legislatures
The US Constitution outlines two methods for proposing amendments, as per Article V. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
State legislatures play a crucial role in the second method of proposing amendments. When two-thirds of state legislatures or governors of respective states call for a constitutional convention, Congress is obligated to respond by calling for a convention for proposing amendments. This process bypasses the usual route of Congress proposing amendments directly. However, it is worth noting that this method has never been utilised in the history of constitutional amendments.
Following the proposal of an amendment, state legislatures assume a different role. They receive the proposed amendment from the NARA's Office of the Federal Register (OFR) and examine the ratification documents for facial legal sufficiency and authenticating signatures. If the documents are in order, the state legislatures ratify the amendment. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).
While the President does not have a constitutional role in the amendment process, the signing of the certification has become a ceremonial function that the President or other dignitaries may attend. This ceremony symbolises the completion of the amendment process and serves as official recognition of the amendment's validity.
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The two methods of proposing amendments
The US Constitution, drafted in 1787, has been amended only 27 times since, including the first 10 amendments adopted four years later as the Bill of Rights. The authority to amend the Constitution comes from Article V, which sets out two methods for proposing amendments.
The first method, per Article V, authorises Congress to propose constitutional amendments whenever "two-thirds of both houses shall deem it necessary". This means that two-thirds of both houses of Congress must vote to propose an amendment. This method has been used each time the Article V process has been initiated since 1789.
The second method requires Congress, on the application of two-thirds of state legislatures (34 as of 1959), to "call a convention for proposing amendments". In other words, two-thirds of state legislatures can ask Congress to call a national convention to propose amendments. This method has never been used.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Article V also sets forth two methods for states to ratify amendments. The first method is for state legislatures to approve the amendments, while the second method is for ratifying conventions in three-fourths of the states to approve them. The Supreme Court has said that ratification must occur within "some reasonable time after the proposal". Amendments ratified by the states under either procedure are indistinguishable and have equal validity as part of the Constitution.
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Frequently asked questions
The US Constitution can be amended by proposing an amendment 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 convention called for by two-thirds of state legislatures. The amendment then must be ratified by three-quarters of the state legislatures or ratifying conventions in three-quarters of the states.
Article V of the US Constitution outlines the procedures for amending it. It states that amendments may be proposed by Congress or a convention and then ratified. However, there is debate among scholars about whether Article V is the exclusive means of amending the Constitution, or if there are other routes to amendment.
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, ratified in 1791.
Some notable amendments to the US Constitution include the 19th Amendment, which gave women the right to vote, the 18th Amendment that enacted Prohibition, and the 21st Amendment that repealed it, and the 26th Amendment, which lowered the minimum voting age from 21 to 18.
The idea behind an amendment must have a major impact on the nation as a whole or secure the rights of citizens. The amendment process is deliberately difficult and time-consuming, requiring a two-thirds majority in Congress and ratification by three-quarters of the states.
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