Eleanor Finch
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a complex process that has only been completed 27 times since the Constitution was enacted in 1789. The US Constitution is much more challenging to amend than state constitutions, which have been amended around 7,000 times. An amendment to the US Constitution 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution of the United States | 27 |
| Number of proposed amendments | 33 |
| Number of proposed amendments that have not been ratified | 6 |
| Number of proposals to amend the Constitution since 1789 | 11,848 (as of January 3, 2019) |
| Number of states necessary to amend the Constitution | 38 of 50 states |
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What You'll Learn
Two-thirds majority in Congress
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. It is worth noting that the U.S. Constitution is notoriously difficult to change and has only been amended 27 times, with none of these amendments being proposed by constitutional convention. In contrast, state constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
One of the two methods for proposing amendments to the Constitution involves Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of both Houses must deem it necessary to propose an amendment to the Constitution. Once an amendment is proposed by Congress, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
The second method for proposing amendments is through a constitutional convention called for by two-thirds of state legislatures. However, as previously mentioned, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
After an amendment is proposed, it must be ratified. There are two methods of ratification, which are determined by Congress. The first method requires three-fourths of the state legislatures to ratify the amendment, while the second method requires three-fourths of state ratifying conventions to approve the proposed amendment. Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification serves as official notice to Congress and the nation that the amendment process has been completed.
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Three-fourths of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is worth noting that the U.S. Constitution is notoriously difficult to change and has only been amended 27 times since 1789.
Amendments to the Constitution can 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 can call for a constitutional convention to propose amendments. However, this has never happened in the history of the United States.
Once an amendment is proposed, it is submitted to the states for ratification. Three-fourths of state legislatures, or 38 out of 50 states, must ratify an amendment for it to become part of the Constitution. This can be done through the state legislatures themselves or through state ratifying conventions, depending on the method specified by Congress. The OFR, or the Office of the Federal Register, is responsible for examining ratification documents and ensuring their authenticity and legal sufficiency. Once the required number of ratified documents is received, the OFR drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment has been adopted.
It is important to note that states have their own processes for amending their constitutions, which are generally much easier to modify than the federal Constitution. State legislatures play a significant role in this process, generating more than 80% of constitutional amendments considered and approved annually. The requirements for legislatures to craft amendments vary, with some states requiring majority support and others demanding supermajority backing.
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Ratification by three-fourths of states
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. It is worth noting that the U.S. Constitution is notoriously difficult to change and has only been amended 27 times, whereas state constitutions are amended regularly and with much more ease.
Amendments to the U.S. Constitution can 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 can call for a constitutional convention to propose amendments. However, in practice, all amendments have been proposed by Congress, and none have been proposed by constitutional convention.
Once an amendment is proposed, it must be ratified by three-fourths (38 out of 50) of the states to become part of the Constitution. This can be done through one of two methods:
- Ratification by three-fourths of the state legislatures: After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. State governors formally submit the proposed amendment to their state legislatures. Once a state ratifies the amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register.
- Ratification by three-fourths of state ratifying conventions: Congress has specified this method only once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The Office of the Federal Register (OFR) examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody. Once the OFR verifies that it has received the required number of authenticated ratification documents, it 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 to Congress and the nation that the amendment process is complete.
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The role of the Archivist
Amending the US Constitution is a complex process that involves multiple steps and stakeholders. While 38 of the 50 states need to ratify an amendment for it to become part of the Constitution, the Archivist of the United States plays a crucial role in the process. Here is an overview of their role:
The Archivist of the United States, as the head of the National Archives and Records Administration (NARA), is responsible for administering the ratification process when Congress proposes an amendment. This responsibility is derived from Article V of the Constitution and the relevant legal provisions. While the Archivist has delegated some ministerial duties to the Director of the Federal Register, they still play a key role in ensuring the smooth functioning of the process.
One of the primary duties of the Archivist is to manage the constitutional amending process. This includes submitting Congress's proposed amendments to the states for ratification and collecting state ratifications. The Archivist follows established procedures and customs, ensuring continuity and consistency in the process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which the Archivist then conveys to the Director of the Federal Register for examination and custody.
The Archivist's role also extends to certifying amendments as part of the Constitution. Once three-fourths of the states (38 out of 50) have ratified an amendment, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is a formal proclamation 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 holds significant weight and finality.
It is worth noting that the Archivist does not make substantive determinations regarding the validity of state ratification actions. Their focus is on ensuring the proper administration and facilitation of the ratification process, relying on the expertise of the Director of the Federal Register for specific legal assessments. The Archivist's role in amending the Constitution is a testament to the importance of record-keeping and procedural compliance in shaping the nation's legal framework.
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The President's involvement
The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a formal constitutional role in amending the Constitution, they have played a ceremonial or ministerial role in the process on several occasions.
The process of amending the Constitution begins with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose amendments. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
While the President does not have a constitutional role in proposing or ratifying amendments, they have occasionally participated in the process in a ceremonial or ministerial capacity. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification after Congress approved them. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery, even though his signature was not required for its proposal or ratification. In recent history, the signing of the certification of a new amendment has become a ceremonial function that may be attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
It is important to note that the Supreme Court has affirmed that the President does not have a formal role in the amendment process. In the 1798 case of Hollingsworth v. Virginia, Justice Samuel Chase stated during oral argument that the President has nothing to do with the proposition or adoption of amendments to the Constitution. This was further supported by the Supreme Court's decision in Hawke v. Smith (1920), which characterised the Court's decision in Hollingsworth as settling that the submission of a constitutional amendment does not require the action of the President.
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Frequently asked questions
38 out of 50 states (or three-fourths of the states) are required to ratify an amendment for it to become part of the US Constitution.
There have been 27 amendments to the US Constitution, including the first ten amendments known as the Bill of Rights.
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.
