Congressional Votes Needed To Ratify Amendments

Article Five of the United States Constitution outlines the process for amending the Constitution. It requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. Once an amendment is proposed, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. The Congress decides which mode of ratification will be used for each amendment. The vote of each state carries equal weight, and an amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states.

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Two-thirds majority vote in both the House of Representatives and the Senate

Article Five of the United States Constitution outlines the procedure for amending the Constitution. The process begins with a proposal for an amendment, which can be initiated in two ways. One method is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The other method is for Congress to call a convention for proposing amendments at the request of two-thirds of state legislatures.

The two-thirds vote in each house, the House of Representatives and the Senate, is calculated based on the members present and assumes a quorum is met. This means that the vote counts the two-thirds majority of the members who are present, rather than the entire membership, including those who are absent. This method ensures that a small minority cannot block an amendment by refusing to attend and preventing a quorum.

Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows established procedures and delegates some duties to the Director of the Federal Register. The states must then decide whether to ratify the amendment, and there are two methods for them to do so.

The first method of ratification by the states is through their legislatures. This requires the ratification of three-quarters of the state legislatures, which means 38 out of 50 states must approve the amendment. The second method is for the states to call conventions specifically for the purpose of deciding on ratification. This method has only been used once in history, for the ratification of the Twenty-First Amendment in 1933.

Three-quarters of state legislatures must ratify

Article Five of the United States Constitution outlines the procedure for amending the Constitution. It establishes two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second involves calling a convention for proposing amendments at the request of two-thirds of the state legislatures. This second method has never been used.

Once an amendment is proposed, it must be ratified to become part of the Constitution. There are two methods for ratification, as determined by Congress: ratification by the legislatures of three-quarters of the states, or by ratifying conventions in three-quarters of the states. This means that 38 out of 50 states must ratify the amendment. Each state's vote carries equal weight, regardless of its population or length of time in the Union.

The first method, ratification by state legislatures, has been used for all amendments except one, the Twenty-First Amendment, which was ratified by the second method, through ratifying conventions. After 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 administers the ratification process. The Archivist then forwards the document to the Director of the Federal Register for examination and custody until the amendment is adopted or fails.

The process of amending the Constitution, as outlined in Article Five, ensures that any changes made to the Constitution reflect the consensus of a significant majority of the states, safeguarding against hasty or unilateral alterations to the nation's foundational document.

Ratification deadline clock

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process involves proposing an amendment and then ratifying it. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called by Congress at the request of two-thirds of state legislatures.

The "ratification deadline clock" refers to the time limit set for states to ratify a proposed amendment. While Article V does not specify deadlines for ratification, most amendments proposed since 1917 have included a deadline, which can be found in either the body of the proposed amendment or the joint resolution transmitting it to the states. The clock typically starts on the day final congressional action is completed, even if the states have not yet been officially notified.

The inclusion of a deadline in the ratification process is not without controversy. In the case of Dillon v. Gloss (1921), the Supreme Court upheld Congress's power to set time limits for state ratifications, suggesting that amendments are not open for ratification indefinitely or by states acting at widely separate times. However, in the same case, the Court also found nothing express in Article V relating to time constraints. This ambiguity has led to arguments over whether Congress can extend the deadline once it has been prescribed.

The Equal Rights Amendment, sent to the states in 1972 with a seven-year ratification deadline, is a notable example of this debate. In 1978, Congress voted to extend the original deadline by three years, three months, and eight days. Proponents of the extension argued that Congress had the authority to set and extend the deadline, citing the political question doctrine. Opponents, however, contended that Congress, having sent the amendment with a two-thirds vote, had put the matter beyond the scope of a simple resolution to change. The Supreme Court was set to hear the case, but the extended period expired before the necessary number of states ratified the amendment, rendering the case moot.

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Congress decides the ratification mode

The process of amending the Constitution is outlined in Article Five of the United States Constitution. This article describes two methods for states to ratify amendments:

• Ratification by legislatures of three-quarters of the states (38 out of 50 states).
• Ratification by conventions in three-quarters of the states.

The choice of ratification mode lies with the Congress, which decides whether state legislatures or state ratifying conventions should consider the ratification of a proposed amendment. This was affirmed by the Supreme Court in United States v. Sprague (1931), which held that Congress has the authority to decide the mode of ratification for each individual constitutional amendment.

Congress can also set deadlines for the ratification process, as seen in the case of Dillon v. Gloss (1921), where the Supreme Court upheld Congress's power to prescribe time limitations for state ratifications. However, there have been debates about Congress's ability to extend these deadlines without the involvement of already-ratified states, as seen in the discussions around the proposed Equal Rights Amendment.

It is important to note that once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works closely with the Director of the Federal Register to ensure the smooth execution of the process.

The convention method

Article Five of the United States Constitution describes the procedure for altering the Constitution. It establishes two methods for proposing amendments to the Constitution. 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 to propose amendments called by Congress at the request of two-thirds of the state legislatures.

Despite never being used to propose an amendment, more than 230 constitutional conventions have assembled at the state level in the United States. The authority to amend the Constitution is derived from Article V, which grants Congress the power to propose amendments and determine the mode of ratification. 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 follows procedures established by the Secretary of State and the Administrator of General Services.

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