Malcolm Rivera
The process of passing an amendment differs depending on whether it is an amendment to a state constitution or the federal Constitution of the United States. State constitutions are much easier to modify, with state constitutional amendments being adopted regularly. In contrast, the U.S. Constitution was written to endure for ages to come, and as such, the process of amending it is deliberately difficult. The U.S. Constitution has been amended only 27 times since it was drafted in 1787. This article will outline the process of passing an amendment to the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment? | 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 |
| What happens after Congress proposes an amendment? | The Archivist of the United States administers the ratification process |
| What is the role of the Archivist? | The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material |
| What happens when a State ratifies a proposed amendment? | It sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register for examination and custody |
| When does a proposed amendment become part of the Constitution? | When it is ratified by three-fourths of the States (38 out of 50 States) |
| How difficult is it to amend the Constitution? | Difficult; it has only been amended 27 times since it was drafted in 1787 |
| How often are State constitutions amended? | Varies; Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average, while Tennessee, Kentucky, Indiana, Illinois, and Vermont amend theirs once every three to four years on average |
| What is the role of State legislatures? | They generate more than 80% of constitutional amendments that are considered and approved each year |
| What are the requirements for legislatures to craft amendments? | Vary by State; some require majority support, while others require supermajority support; some require support to be expressed in a single session, while others require two consecutive sessions |
| How many States allow citizen-initiated amendments? | 17 |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority in both the House and Senate
- Amendments become part of the Constitution when ratified by three-quarters of the states
- State legislatures generate most constitutional amendments approved annually
- Citizen-initiative processes are another method for enacting amendments
- The President does not have a constitutional role in the amendment process
Amendments are proposed by Congress with a two-thirds majority in both the House and Senate
The process of amending the Constitution of the United States is outlined in 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. This process requires a joint resolution, which does not need to be signed or approved by the President, as they do not have a constitutional role in the amendment process.
Once the amendment is proposed by Congress, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process. The Archivist of the United States submits the proposed amendment to the States for their consideration, sending a letter of notification to each Governor, along with informational material.
At this stage, the Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. It is important to note that 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). This means that the support of a significant majority of States is required to pass an amendment.
The process of amending the Constitution, as outlined above, ensures that any changes made are carefully considered and broadly supported by the States. It is designed to be a challenging process, reflecting the intention for the Constitution "to endure for ages to come," as Chief Justice John Marshall noted in the early 1800s.
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Amendments become part of the Constitution when ratified by three-quarters of the states
The process of amending the United States Constitution is deliberately designed to be challenging. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted simultaneously as the Bill of Rights. Amendments to the Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process.
Once an amendment is proposed, it is submitted to the states for their consideration. The amendment is then formally submitted to the state legislatures, or a state calls for a convention. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50 states). This can be achieved through ratification by state legislatures or ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or time in the Union.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. When the required number of authenticated ratification documents is received, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
State constitutions, on the other hand, are much easier to modify, with amendments being adopted regularly. States offer multiple paths for amending their constitutions, and state constitutional amendments are generated by state legislatures in most cases. Some states also allow for citizen-initiated amendments through processes such as ballot initiatives.
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State legislatures generate most constitutional amendments approved annually
The process of amending the United States Constitution is outlined in Article V of the Constitution. Amending the Constitution is intentionally difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787. This includes the first 10 amendments, which were adopted four years later as the Bill of Rights.
There are two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, and the second involves a constitutional convention called for by two-thirds of state legislatures. To date, all 33 amendments submitted to the states for ratification have been proposed by Congress using the first method.
Once an amendment is proposed by Congress, it is submitted to the states for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
While the second method of proposing amendments has never been used, it is notable that state legislatures play a crucial role in the amendment process. In addition to having the power to initiate a constitutional convention, state legislatures are responsible for ratifying proposed amendments. This highlights the important role of state legislatures in shaping the Constitution and ensuring it remains a living document that reflects the values and needs of the American people.
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Citizen-initiative processes are another method for enacting amendments
Amending the Constitution is a challenging task, and it has only been amended 27 times since 1787. In contrast, state constitutions are amended frequently and with greater ease. While Congress has the authority to amend the Constitution under Article V, citizen-initiative processes are another method for enacting amendments at the state level.
Seventeen states currently allow amendments to be enacted through citizen-initiative processes. Each state varies in its procedures for qualifying citizen-initiated amendments for the ballot. Proponents of an amendment must gather a certain number of signatures in support of holding a vote on the amendment. The number of signatures required is typically tied to the number of votes cast in the previous gubernatorial election.
Mississippi previously permitted citizen-initiated amendments but, in a 2021 ruling, the state's Supreme Court rendered the process unusable until revised to accurately reflect the number of congressional districts from which signatures must be collected. This case involved a challenge to a recently enacted medical marijuana legalization amendment.
The ease of enacting amendments through citizen-initiative processes varies across states. Ten states require only a majority vote in a single session, while 25 states set a higher threshold. Nine of these 25 states require a three-fifths vote, and 16 demand a two-thirds vote. Additionally, 11 states mandate approval by a majority vote in two consecutive legislative sessions, with four of these states offering an alternative path of supermajority approval in a single session. Finally, four states have the most stringent requirements, needing supermajority approval in consecutive sessions or across multiple legislative chambers.
In summary, citizen-initiative processes are a viable method for enacting amendments in several states, but the specific procedures and requirements differ. These processes provide a mechanism for citizens to directly influence their state constitutions, bypassing the need for legislative approval.
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The President does not have a constitutional role in the amendment process
The process of amending the US Constitution is a difficult and time-consuming task. It is derived from Article V of the Constitution, which outlines the procedures for proposing and ratifying amendments. While the President of the United States has the power to sign amendments, as demonstrated by President James Buchanan's signing of the Corwin Amendment, and President Abraham Lincoln's signing of the Thirteenth Amendment, the President does not have a constitutional role in the amendment process.
The process of passing an amendment begins with a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President. Instead, the original document is forwarded directly to the National Archives and Records Administration (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. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format. This package is sent to the Governors of each State, who then formally submit the amendment to their State legislatures.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution.
The role of the President is notably absent from this process, as the Constitution does not grant them any authority in proposing, approving, or ratifying amendments. The President's signature is not required on the joint resolution, and the amendment process can be completed without their involvement. This ensures that the amendment process is driven by Congress and the States, reflecting a broad consensus and support for any changes made to the Constitution.
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Frequently asked questions
An amendment is a change or addition to a country's constitution.
An amendment to the United States Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It can also be proposed by a constitutional convention called for by two-thirds of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states.
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted simultaneously and are known as the Bill of Rights.
The United States Constitution was written "to endure for ages to come", therefore amending it is a difficult task. Over 10,000 measures to amend the Constitution have been proposed in Congress, but only 27 have been ratified and are now part of the Constitution.
State constitutions are much easier to modify than the federal Constitution. State legislatures generate more than 80% of constitutional amendments that are considered and approved each year. Seventeen states also allow amendments via citizen-initiative processes.
