Omar Bennett
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a complex process that has only been successfully completed 27 times. The first step in the process is for Congress to propose an amendment 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 convention to propose amendments. Following this, the amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through state legislatures or ratifying conventions, depending on what Congress specifies. While the process is challenging, it ensures that any changes to the Constitution are carefully considered and widely accepted.
| Characteristics | Values |
|---|---|
| Number of states needed to amend the constitution | 38 of 50 States (or three-fourths of the States) |
| Number of states needed to call a convention | 34 States |
| Number of amendments to the constitution | 27 |
| Number of state constitutions | 50 |
| Number of times state constitutions have been amended | Around 7,000 |
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What You'll Learn
Congress proposes amendments with a two-thirds majority in both the House and Senate
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 amend and has only been amended 27 times, whereas state constitutions are amended regularly and with much more ease.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a significant hurdle, given the often partisan and divided nature of Congress. The two-thirds majority requirement ensures that amendments have broad bipartisan support and are not imposed by a simple majority that may only represent a single party's interests.
The process of proposing an amendment in Congress involves a joint resolution, which does not require the signature or approval of the President, as the President does not have a constitutional role in the amendment process. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the States, providing them with formal "red-line" copies of the joint resolution and other relevant documents. This ensures that all States have access to the same information and can consider the proposed amendment with a uniform set of materials.
After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. While Article V of the Constitution does not describe the ratification process in detail, the Archivist follows established procedures and customs, including those previously performed by the Secretary of State and the Administrator of General Services.
In conclusion, while Congress has the power to propose amendments with a two-thirds majority in both the House and Senate, the process involves multiple steps and the involvement of various institutions, including NARA, the OFR, and the Archivist of the United States, to ensure a thorough and deliberate amendment process.
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State legislatures can propose amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. It is worth noting that the US Constitution is difficult to change and has only been amended 27 times. In contrast, state constitutions are amended regularly and with much more ease.
State legislatures play a crucial role in proposing amendments to the US Constitution. There are two methods by which amendments can be proposed: the first is through a two-thirds majority vote in both the House of Representatives and the Senate of Congress, and the second is through a constitutional convention called for by two-thirds of the state legislatures. While all 27 amendments to the Constitution have been proposed by Congress, state legislatures have the power to initiate the amendment process by calling for a convention.
To propose an amendment through a state legislature, a majority or supermajority legislative vote is required, depending on the state. In some states, legislative support must be expressed in a single session, while others require two consecutive sessions. Once an amendment is proposed by a state legislature, it is submitted to the governor, who then formally submits it to the state legislature or calls for a convention, depending on Congress's specifications.
It is important to note that some state legislatures have taken action on a proposed amendment even before receiving official notice. 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 has delegated many duties associated with the ratification process to the Director of the Federal Register.
The process of amending the US Constitution through state legislatures and conventions is complex and rarely used. However, it remains a potential path for proposing amendments, especially when states want to address specific issues, such as gun control or term limits for Congress.
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Amendments must be ratified by three-fourths of the states
Amending the U.S. Constitution is a complex process, and it has only been amended 27 times. In contrast, state constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times. The U.S. Constitution grants the authority to propose amendments to Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, no amendments have been proposed through this method to date.
Once an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This process can be done through state legislatures or state ratifying conventions, with Congress determining the method of 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 has delegated many duties to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency.
The process of amending state constitutions varies across states. While some states require majority legislative support for amendments, others mandate supermajority legislative backing. Additionally, there are differences in whether legislative support must be expressed in a single session or two consecutive sessions. State legislatures generate more than 80% of constitutional amendments approved each year. However, conventions, which can be called by legislators or through an initiative process in some states, also offer a path for amending state constitutions.
The process of amending the U.S. Constitution, as outlined in Article V, has been the subject of debate and interpretation. While it sets forth procedures for amendment, the specific ratification process is not described in detail. The role of Congress in calling conventions and the potential for runaway conventions that exceed their scope has been discussed. Additionally, the validity of rescinding prior applications for conventions has been questioned. Overall, the process of amending the U.S. Constitution is a rigorous and deliberate one, reflecting the importance and permanence of constitutional provisions.
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The Archivist of the US administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of the Constitution. The Archivist heads the National Archives and Records Administration (NARA) and is appointed by the President with the advice and consent of the Senate. The current Archivist of the United States is Dr. Colleen Shogan, who was nominated by President Joe Biden and confirmed by the Senate in May 2023.
Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The OFR plays a crucial role in the process by providing states with formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. This copy is then conveyed to the Director of the Federal Register, who 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 until an amendment is adopted or fails.
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. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
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Conventions can propose amendments
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While Congress typically proposes amendments with a two-thirds majority vote in both the House of Representatives and the Senate, conventions can also propose amendments. This involves two-thirds of state legislatures calling for a convention to propose amendments, which become valid when ratified by three-fourths of the states.
Conventions are usually called by legislators, who must approve a convention referendum. The majority of states require a majority legislative vote to call a convention referendum, while others demand a supermajority legislative vote. Following this, most states mandate that a referendum on calling a convention be submitted to and approved by a majority of voters. However, a few states, such as Florida, Alabama, Missouri, West Virginia, Wisconsin, Oklahoma, and Tennessee, allow bypassing the legislature by employing the initiative process. Additionally, certain states, like California, have formal applications for an Article V convention to propose specific amendments.
The role of Congress in the convention process is a subject of debate. Some argue that Congress must call a convention when requested by the states and adhere to the scope defined by the states. On the other hand, others worry about the possibility of a "runaway convention," where an Article V convention exceeds its intended purpose. To address this concern, it is important to note that even if a convention proposes amendments beyond its scope, these amendments would not become part of the Constitution without the ratification of three-fourths of the states, ensuring a check on the convention's power.
Despite the existence of the convention method, none of the 27 amendments to the Constitution have been proposed through a convention. The complexity of the convention process and the potential for unintended consequences, as warned by James Madison, the "Father of the Constitution," may contribute to this. Nevertheless, there have been close attempts, such as in 1969, when an effort to propose an amendment fell just one state short of reaching the required 34 states.
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Frequently asked questions
38 out of 50 states or three-fourths of the states are required to amend the constitution.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then submitted to the State legislatures, which must be ratified by three-fourths of the states.
Yes, there have been attempts to amend the constitution. For example, in 1969, there was an attempt to propose an amendment that would overturn two Supreme Court decisions, Wesberry v. Sanders and Reynolds v. Sims, which required states to adhere to the one man, one vote principle in drawing electoral districts for state and federal elections.
After an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The proposed amendment is then sent to the states for ratification, and each state legislature votes on whether to ratify the amendment.
Yes, state constitutions can be amended, and they are amended much more frequently than the U.S. Constitution. State constitutions are amended regularly, and the current constitutions of the 50 states have been amended around 7,000 times.
