Jonah Patel
The process of amending the United States Constitution is a challenging and lengthy process. The Constitution provides two methods for proposing amendments: through Congress with a two-thirds majority vote in both houses or by a convention called for by two-thirds of state legislatures (34 out of 50). While 27 amendments have been proposed by Congress, none have been proposed by a convention. The convention method was designed to bypass the federal government and prevent abuses of power. However, it has never been used, and there are concerns about its potential unintended consequences.
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![Ratification of the Twenty-First Amendment of the Constitution of the United States [1938]: State Convention Records and Laws](https://m.media-amazon.com/images/I/71KMq9r2YgL._AC_UY218_.jpg)
What You'll Learn
The Article V convention method has never been used
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The framers of the Constitution made it challenging to amend the document to ensure its longevity. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method, the congressional proposal method, requires a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used to propose 33 amendments, 27 of which have been ratified by three-fourths of the states.
The second method, the Article V convention method, has never been used. This method allows states to bypass Congress and propose amendments directly. It requires two-thirds of the state legislatures (34 out of 50 states) to apply for Congress to call a convention for proposing amendments. While there have been calls for an Article V Convention, particularly by those seeking to rein in the federal government, it has never been utilised to propose amendments.
The convention method was included in the original Constitution to address concerns about the congressional proposal method being controlled by the federal government. Despite its potential to bypass Congress, the convention method has not been invoked. James Madison, often referred to as the "Father of the Constitution," expressed his opposition to an Article V convention, citing the potential for unintended consequences.
While 33 amendments have been proposed through the congressional proposal method, the Article V convention method remains untested. The process of amending the Constitution is challenging, and even with the support of two-thirds of the state legislatures, the convention method has not been utilised to propose amendments. This could be due to the uncertainty and potential consequences highlighted by Madison or the preference for the more traditional congressional proposal method.
Despite the lack of usage, the Article V convention method remains a valid option for proposing amendments. It provides a pathway for states to initiate changes to the Constitution without relying solely on Congress. However, the success of this method depends on the ability of the states to come together and apply for a convention, which has proven challenging in practice.
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33 amendments have been proposed by Congress
The United States Constitution was written to be a durable document, with Chief Justice John Marshall describing it in the early 1800s as a document "to endure for ages to come". Amending the Constitution is therefore a difficult and time-consuming process. The authority to amend the Constitution comes from Article V of the Constitution, which outlines two methods for proposing amendments. The first method, which has been used 33 times to propose amendments, is a two-thirds vote in both houses of Congress. The second method, which has never been used, is for two-thirds of state legislatures (34 out of 50) to apply for an Article V Convention, whereby amendments are proposed. This method bypasses Congress and allows states to propose amendments directly.
The first method, the congressional proposal method, has been the only avenue for successful amendments so far. This method requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states (38 out of 50). This process ensures that any amendment has significant support and is not easily influenced by a minority group. The second method, the convention method, has never been used despite calls from some state legislators and legal scholars. The convention method provides a way for states to bypass Congress and propose amendments directly. However, there are concerns about the potential unintended consequences of this method, as James Madison, the "Father of the Constitution", warned about the dangers of a second convention.
The 33 amendments proposed by Congress cover a range of issues, including congressional term limits, a balanced budget, outlawing flag burning, crime victims' rights, voluntary school prayer, and making English the official language. Of these 33 proposed amendments, 27 have been ratified and added to the Constitution. The amendment process is designed to be rigorous, ensuring that any changes to the Constitution are carefully considered and have a significant impact on the country and its citizens.
While the convention method has never been used to propose amendments, it remains an option for states to initiate the amendment process. This method could potentially address concerns about the influence of the federal government in the amendment process. However, there are also valid worries about the potential for unintended consequences and the lack of a clear single-issue focus. The amendment process, whether through Congress or a convention, is meant to safeguard the Constitution and ensure that any changes are in the best interests of the country and its citizens.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The archivist is responsible for the supervision and direction of the National Archives, which include the preservation of government records and making them accessible to the public. The archivist is appointed by the President of the United States and confirmed by the Senate.
The role of the archivist also includes the custody of important documents, such as state ratifications of amendments to the Constitution, Electoral College documents from presidential elections, and joint resolutions and acts of Congress signed into law by the president. In the case of amendments to the Constitution, the archivist issues a certificate proclaiming a particular amendment duly ratified and part of the Constitution if three-quarters of the states (38 out of 50) approve the proposed amendment. This certificate, along with the amendment, is then published in the Federal Register and included in the United States Statutes at Large.
The National Archives employs approximately 3,000 people across 36 facilities in the United States. These employees include archivists, archives technicians, conservators, and records managers, each bringing their own expertise and experience to the job. Archivists are specially trained to preserve original materials and help people obtain them. They work with a variety of formats, including paper documents, photographs, maps, films, and computer records.
The current Archivist of the United States is Dr. Colleen Shogan, who assumed office in May 2023. She is the 11th Archivist and the first woman to hold the position permanently. Shogan previously served as senior vice president of the White House Historical Association and worked at the Library of Congress, the U.S. Senate, and as a professor at Georgetown University and George Mason University.
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The ratification process
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The framers of the Constitution intentionally made it challenging to ensure its longevity. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments.
The first method, known as the congressional proposal method, involves a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used to propose 33 amendments, 27 of which have been ratified by three-fourths of the states. The second method, referred to as the convention method, has never been used. This method allows two-thirds of the state legislatures (34 out of 50 states) to apply for Congress to call a convention for proposing amendments.
Once an amendment is proposed, either by Congress or a constitutional convention, 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 of the duties associated with this process to the Director of the Federal Register, who follows established procedures and customs. The proposed amendment is then submitted to the states for their consideration.
Governors formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). The state legislatures have the power to ratify amendments, and with one exception (the Twenty-First Amendment), every amendment has been ratified by this method.
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The original US Constitution was written to be enduring
The US Constitution was written "to endure for ages to come", according to Chief Justice John Marshall, writing in the early 1800s. The framers of the Constitution made it a difficult document to amend, and it has only been amended 27 times since it was drafted in 1787. James Madison, often referred to as the Father of the Constitution, wrote in The Federalist No. 43 that the amendment process was designed to "guard equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults".
Amending the Constitution is a challenging and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of state legislatures, or by three-quarters of state conventions. This means that if slightly more than one-third of either the House of Representatives or the Senate objects to a proposal, it will not become an amendment.
There are two methods for proposing amendments, as set out in Article V of the Constitution. The first is the congressional proposal method, which has been used for all 27 amendments so far. The second is the convention method, which has never been used. Under the convention method, two-thirds of state legislatures (34 out of 50) can apply for Congress to call a convention to propose amendments. The convention can then propose amendments, whether or not Congress approves of them. However, any amendments must still be ratified by three-quarters of the states (38 out of 50) before they become law.
The convention method was included in the Constitution to bypass the federal government, as the congressional proposal method is controlled by the federal government and cannot be relied upon to reform federal governmental abuses. Despite this, there has never been a federal constitutional convention, and some have expressed concerns about the potential unintended consequences of holding one.
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Frequently asked questions
34 of the 50 state legislatures need to ask for an amendment convention, also known as an Article V convention, for it to be granted.
An Article V convention is one of two methods authorized by Article Five of the United States Constitution for proposing amendments to the Constitution.
The other method is a two-thirds vote in both houses of Congress.
All 27 amendments to the Constitution have been proposed by Congress. None have been proposed by an Article V convention.
The convention proposes amendments, which become law only after ratification by three-fourths of the states (38 of the 50).
