Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a challenging and time-consuming process, as the framers intended when they wrote the document to endure for ages to come. Since the Constitution was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted as the Bill of Rights in 1791. The process begins with a proposal for an amendment, which can be made by two-thirds of both houses of Congress or by two-thirds of state legislatures requesting a constitutional convention. Once proposed, the amendment must be ratified by three-quarters of state legislatures, or 38 out of 50 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, or by a constitutional convention called for by two-thirds of the state legislatures |
| Amendment submission | Formally submitted to state legislatures or a convention, as specified by Congress |
| Ratification | Requires approval by three-fourths of the states (38 out of 50) |
| Certification | Formal proclamation by the Archivist of the United States certifying the amendment's validity |
| Publication | Certified amendment published in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
Two-thirds majority in Congress
The process of amending the United States Constitution is intentionally challenging. Since the Constitution was drafted in 1787, it has only been amended 27 times. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines several ways in which it can be amended.
One method, which has been used for every amendment so far, involves achieving a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of each House of Congress must vote in favour of the proposed amendment. This is a challenging threshold to meet, as it requires significant bipartisan support, making it nearly impossible if one party opposes the amendment.
Once the two-thirds majority in Congress is achieved, the proposed amendment is sent to the states for ratification. The Congress can choose between two methods of ratification: the state legislature or a convention. In the former, the state legislature, which is the part of the state government that enacts laws for the state, decides on ratification. In the latter, the states call a convention for the sole purpose of deciding on ratification. With one exception (the Twenty-First Amendment), every amendment has been ratified by state legislatures.
After a proposed amendment is ratified by a state, the state sends an original or certified copy of the state action to the Archivist of the United States, who is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director 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.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). Once this threshold is met, 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.
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Three-quarters of states must ratify
The process of amending the United States Constitution is intentionally challenging. Since the Constitution was drafted in 1787, it has been amended only 27 times. The framers designed it to "endure for ages to come", and this is evident in the rigorous process required to amend it.
The process of adding an amendment begins with a proposal. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures (34 states) can request that Congress call a constitutional convention to propose amendments. However, this alternative method has never been used.
Once an amendment is proposed, it is sent to the states for ratification. Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. This requirement ensures that any amendment has broad support across the country and is not solely driven by the interests of individual states or regions.
The process of ratification can occur through two methods: state legislatures or state conventions. Congress can choose which method the states use for ratification. In practice, almost all amendments have been ratified by state legislatures. However, in the case of the Twenty-First Amendment, Congress asked the states to call conventions.
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 National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with this process to the Director of the Federal Register. The Director examines the ratification documents for authenticity and legal sufficiency. 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 Director of the Federal Register 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. The amendment then becomes an integral part of the Constitution, shaping the legal landscape of the nation.
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The Archivist's role
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the process of adding amendments to the Constitution.
The Director maintains custody of these documents until an amendment is adopted or fails. If three-quarters of the States (38 out of 50) ratify the proposed amendment, the Director transfers the records to the National Archives for preservation.
The Archivist then 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 signature on this certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
The Archivist does not make any substantive determinations regarding the validity of State ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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State legislatures vs. conventions
The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a challenging and time-consuming process, as the framers intended it to be. Since the Constitution was drafted in 1787, there have only been 27 amendments, with none proposed by constitutional convention.
An amendment can be proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification. Three-quarters of the states (38 out of 50) must approve the amendment for it to become part of the Constitution.
Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. This process has never been used, but it provides a way for states to bypass Congress. The proposed amendments from the convention would then be sent to the states for ratification, requiring approval from three-quarters of the states.
Once an amendment is ratified by the required number of states, the Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register, officially declaring the amendment process complete.
State legislatures have been the primary mechanism for ratifying amendments, with the exception of the Twenty-First Amendment, which involved state conventions. The choice between these ratification methods lies with Congress.
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The President's non-role
The President does not have a constitutional role in the amendment process. This means that the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.
The process of amending the Constitution is outlined in Article V of the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787, and the process is intentionally difficult. Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the State legislatures. To date, all amendments have been proposed by Congress and ratified by state legislatures.
Once an amendment is proposed, it is sent to the states for approval. Three-quarters of the states (38 out of 50) must approve the amendment for it to become part of the Constitution. The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
While the President does not have a direct role in proposing or ratifying amendments, they may be involved in a ceremonial capacity. For example, the signing of the certification of an amendment may be attended by various dignitaries, including the President.
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Frequently asked questions
The process to add an amendment to the US Constitution is outlined in Article V of the Constitution. Two-thirds of both chambers of Congress must propose an amendment, which is then sent to the states. Three-fourths of the states must approve the amendment for it to be added to the Constitution. This process has been completed 27 times since the Constitution was drafted in 1787.
The Archivist of the United States is responsible for administering the ratification process. Once the OFR verifies that it has received 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 serves as official notice that the amendment process is complete.
Yes, according to Article V, two-thirds of state legislatures can call for a constitutional convention to propose amendments, bypassing Congress. However, this method has never been used. All amendments to the Constitution have been proposed by Congress and ratified by state legislatures, except for the Twenty-First Amendment, which was ratified by state conventions.
