Simone Lawson
The process of amending the US Constitution is a challenging and time-consuming endeavour, as the framers intended when they wrote the document to endure for ages to come. Since its drafting in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted as the Bill of Rights four years later. 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 proposed, an amendment must be ratified by three-fourths of the state legislatures or three-fourths of the state conventions, as specified by Congress. The process is overseen by the Archivist of the United States, who administers the ratification process and certifies its validity, often in a ceremonial function attended by dignitaries.
| 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, or by a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Number of amendments to the Constitution | 27 |
| Difficulty of the amendment process | High |
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What You'll Learn
- Amendments must be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
- Two-thirds of state legislatures can request Congress to call a constitutional convention to propose amendments
- A proposed amendment must be ratified by three-fourths of the state legislatures
- Ratification can also be done by conventions in three-fourths of the states
- The Archivist of the US administers the ratification process
Amendments must be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
The United States Constitution was written to endure for ages to come, and as such, the process of amending it is deliberately difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, and this is partly due to the challenging process of proposing and ratifying amendments.
Once an amendment has been proposed by Congress, it must then be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. This is another challenging step, as it requires a high level of consensus across the country. The process of ratification is administered by the Archivist of the United States, who is the head of NARA. The Archivist's role is primarily ministerial, following procedures and customs established by the Secretary of State and the Administrator of General Services.
It is worth noting that, while amendments must be proposed by Congress with a two-thirds majority, there is another option for starting the amendment process. Two-thirds of state legislatures can also call for a Constitutional Convention to propose amendments. However, this method has never been used to propose any of the 27 amendments to the Constitution.
The process of amending the Constitution, as outlined above, ensures that any changes made are carefully considered and broadly supported by both Congress and the states. While this process is challenging, it is designed to protect the enduring nature of the Constitution and ensure that amendments have a significant impact on the country and its citizens.
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Two-thirds of state legislatures can request Congress to call a constitutional convention to propose amendments
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The framers of the Constitution made it challenging to amend the document to ensure its longevity. Since its drafting in 1787, there have only been 27 amendments to the Constitution, reflecting the arduous nature of the process.
One mechanism to initiate the amendment process is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments. This approach is outlined in Article V of the Constitution, which sets forth the procedures for amending the document. While this mechanism has never been utilised to propose an amendment, it stands as a viable option.
To initiate this process, two-thirds of the state legislatures must formally submit a request to Congress. This request prompts Congress to call for a constitutional convention, a gathering specifically dedicated to proposing amendments. It is important to note that Congress decides whether to pursue this path or leave it to the states to ratify the proposed amendment.
The constitutional convention, once convened, provides a platform for discussing and formulating potential amendments. The amendments proposed at this convention must then be ratified. Ratification requires the approval of three-fourths of the state legislatures or conventions in three-fourths of the states, as determined by Congress.
The authority to amend the Constitution ultimately rests with Congress, which can choose to propose amendments directly or respond to requests from two-thirds of the state legislatures for a constitutional convention. While the former method has been employed for all 27 amendments, the latter provides an alternative pathway that has garnered support from individuals such as retired federal judge Malcolm R. Wilkey.
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A proposed amendment must be ratified by three-fourths of the state legislatures
The process of amending the United States Constitution is a difficult and time-consuming endeavour. Since the Constitution was drafted in 1787, it has only been amended 27 times, including the first 10 amendments, which were adopted as the Bill of Rights four years later. The framers of the Constitution made it challenging to amend the document to ensure its longevity.
Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, this has never occurred, and all 27 amendments have been proposed by Congress. Once a proposed amendment is ratified by three-fourths of the states, it becomes part of the Constitution.
The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. While they do not make substantive determinations regarding the validity of state ratification actions, they certify the facial legal sufficiency of ratification documents, which has become a ceremonial function attended by dignitaries, including the President in some cases. The Director of the Federal Register also plays a crucial role in the process, performing many of the ministerial duties associated with the ratification process.
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Ratification can also be done by conventions in three-fourths of the states
The United States Constitution was crafted to endure for ages, and amending it is a challenging and time-consuming process. The Constitution has been amended only 27 times since 1787, and each amendment must have a significant impact on all Americans or secure the rights of citizens. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the procedures for proposing and ratifying amendments.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can 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, and no amendments have been proposed by a constitutional convention.
Once an amendment is proposed, it must be ratified. Ratification can occur in two ways: by the state legislatures or by conventions. In the case of ratification by state legislatures, three-fourths of the states (38 out of 50) must approve the amendment for it to become part of the Constitution. This process involves the Archivist of the United States, who administers the ratification process, and the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity.
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The Archivist of the US administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of amendments to the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), assumes this duty under the provisions of 1 U.S.C. 106b. Notably, the Archivist does not make substantive determinations regarding the validity of state ratification actions. Instead, they certify the facial legal sufficiency of ratification documents, which is now a ceremonial function witnessed by dignitaries, including the President on some occasions.
Once Congress proposes an amendment, the Archivist submits it to the States for their consideration. Specifically, a letter of notification is sent to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. When a State ratifies the proposed amendment, it sends an original or certified copy of the State action to the Archivist, who immediately conveys it to the Director of the Federal Register.
The OFR plays a crucial role in examining ratification documents for facial legal sufficiency and authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails. At that point, the records are transferred to the National Archives for preservation. The OFR also provides an essential function in processing and publishing the original amendment document, adding legislative history notes, and assembling information packages for the States.
Once the OFR verifies receiving 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 U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete. The Archivist's role in the ratification process is, therefore, primarily administrative, ensuring the integrity of the process and following established procedures and customs.
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Frequently asked questions
The process to change amendments to the constitution is a difficult and time-consuming task. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment must then be passed by two-thirds of both houses of Congress and ratified by three-fourths of the state legislatures.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
Congress proposes amendments to the Constitution and can also call for a Constitutional Convention if two-thirds of the state legislatures apply for it. Congress can also specify whether the state legislatures or a convention will ratify the proposed amendment.
