Jonah Patel
Article V of the United States Constitution outlines the procedure for amending the Constitution, including the number of state legislatures required for ratification. 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 for by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths (38 out of 50) of the state legislatures or by ratifying conventions in three-fourths of the states. This process is overseen by the Archivist of the United States, who administers the ratification process. While Congress can set deadlines for ratification, if no deadline is specified, an amendment can remain pending until the requisite number of states ratify it, as demonstrated by the Twenty-Seventh Amendment, which took over 200 years to be ratified by the required number of states.
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What You'll Learn
Two methods for proposing amendments
Article V of the United States Constitution establishes two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. Congress has used this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification.
The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures (34 of the 50 states). This convention option is a political tool that Alexander Hamilton argued would enable state legislatures to "erect barriers against the encroachments of the national authority".
Once an amendment has been proposed, it is submitted to the states for their consideration. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
To become part of the Constitution, an amendment must then be ratified by either the legislatures of three-quarters of the states (38 of the 50 states) or by ratifying conventions in three-quarters of the states. This second mode of ratification has only been specified once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
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Congress's role in the amendment process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress plays a crucial role in the amendment process, as outlined by Article V. Amendments to the Constitution may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. This is known as the first method of proposing amendments.
The second method requires Congress, at the request of two-thirds of state legislatures, to call a convention for proposing amendments. This convention method has never been used. All 33 amendments submitted to the states for ratification originated in Congress using the first method.
Congress determines which method the states must follow for proposed amendments to become effective. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. Alternatively, Congress may require three-fourths of state ratifying conventions to approve a proposed amendment. This second mode of amendment has only been specified once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
Once an amendment is proposed by Congress or a convention, the Archivist of the United States is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to prepare an information package for the states, which includes the joint resolution and the statutory procedure for ratification. The proposed amendment is then submitted to the states for their consideration.
In summary, Congress plays a central role in the amendment process by proposing amendments and determining the method of ratification. The choice of ratification method lies solely with Congress, and they have the discretion to specify whether state legislatures or ratifying conventions will vote on the proposed amendment.
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State legislatures' role
Article V of the United States Constitution outlines the procedure for amending the Constitution. It establishes two methods for proposing amendments: the first method involves Congress proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate; the second method requires a convention for proposing amendments, called by Congress at the request of two-thirds of state legislatures (34 out of 50).
Once an amendment is proposed, it must be ratified. There are two methods for ratification as well, and Congress decides which method the states must follow. The first method requires the legislatures of three-fourths of the states (38 out of 50) to ratify the amendment. The second method, which has only been used once for the Twenty-First Amendment, involves Congress requiring the approval of three-fourths of state ratifying conventions.
State legislatures play a crucial role in both proposing and ratifying amendments. They can initiate the process of proposing amendments by calling for a convention with the support of two-thirds of the state legislatures. This convention then proposes amendments, which are sent to the states for ratification. When an amendment is proposed, each state's governor formally submits it to their state legislature, which then votes to ratify or reject it. The vote of each state carries equal weight, regardless of its population or time in the Union.
The role of state legislatures in the amendment process reflects a compromise between two groups during the 1787 Constitutional Convention. One group believed that the national legislature should have no role in the amendment process, while the other argued that proposals should originate in the national legislature. The resulting duality in Article V aims to balance the interests of the General and State Governments, allowing for necessary amendments while preventing hasty changes to the Constitution.
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Ratification by legislatures of three-fourths of states
Article V of the United States Constitution outlines the procedure for amending the Constitution. It establishes two methods for proposing amendments: the first method involves Congress proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate, while the second method requires a convention for proposing amendments called by Congress at the request of two-thirds of state legislatures (34 out of 50).
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can be achieved through one of two methods, as determined by Congress: ratification by the legislatures of three-fourths of the states (38 out of 50), or by ratifying conventions in three-fourths of the states. This second mode of ratification, involving conventions, has only been specified by Congress once in history, for the Twenty-First Amendment, which repealed Prohibition.
The choice of ratification method lies with Congress, and they may also set a deadline for ratification. If no deadline is specified, an amendment may remain pending indefinitely until the required number of states ratify it. This was the case with the Twenty-Seventh Amendment, which took over 200 years to become part of the Constitution.
The process of proposing and ratifying amendments involves several steps. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist delegates many duties to the Director of the Federal Register, who follows procedures established by the Secretary of State and other officials. The proposed amendment is then submitted to the states for their consideration, with each state having an equal vote regardless of its population or time in the Union.
State legislatures can take action on a proposed amendment before receiving official notice. When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist, who conveys it to the Director of the Federal Register for examination and authentication. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails. Once the required number of states have ratified, the Director drafts a formal proclamation for the Archivist to certify the amendment's validity.
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Ratification by conventions in three-fourths of states
Article V of the United States Constitution outlines the process of amending the Constitution. It establishes two methods for proposing amendments: the first method involves a two-thirds vote in both the House of Representatives and the Senate, while the second method, which has never been used, requires a convention called for by two-thirds of state legislatures (34 out of 50).
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can be achieved through the legislatures of three-fourths of the states (38 out of 50) or by conventions in three-fourths of the states. The choice of ratification method lies with the Congress, and they may also set a deadline for ratification. This second mode of ratification, involving conventions, has only been specified once in history, for the Twenty-First Amendment, which repealed Prohibition.
The process of proposing and ratifying amendments involves several steps. After Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs. An original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication, and an information package is assembled for the states. The OFR adds legislative notes and publishes the joint resolution before sending it to the states for consideration.
Governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications. Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who conveys it to the Director of the Federal Register for examination and authentication. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails. The records are then transferred to the National Archives for preservation.
The ratification process for amending the Constitution, as outlined in Article V, involves a collaboration between Congress, the Archivist of the United States, state legislatures, and conventions. The process ensures a structured approach to proposing and enacting amendments while allowing for flexibility through the involvement of various stakeholders.
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Frequently asked questions
Three-fourths of state legislatures, or 38 out of 50 states, are needed to ratify an amendment.
The other method of ratification is via conventions in three-fourths of states, or 38 out of 50 states. This method has only been used once, for the Twenty-First Amendment.
Congress decides which method of ratification is used.
27 amendments have been ratified by three-fourths of the states.
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