Amendments: The States' Approval Process

The process of amending the United States Constitution is a difficult and time-consuming endeavour. Since the Constitution was drafted in 1787, it has only been amended 27 times. The first step in the two-step process is for an amendment to be proposed, either by 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. The second step is for the amendment to be ratified by three-fourths of the states (38 of 50 states). This can be done through state legislatures or state ratifying conventions, as determined by Congress.

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The two-step process

The process of amending the United States Constitution is a two-step process, as outlined in Article V of the Constitution. This process was designed to balance the need for change with the need for stability. The first step involves proposing an amendment, which can be done in two ways. The first method is for two-thirds of both the Senate and the House of Representatives to deem it necessary. The second method is for two-thirds of the state legislatures (34 since 1959) to request that Congress call a national convention for this purpose. However, this second option has never been used.

Once an amendment is proposed, it is sent to the states for ratification. There are also two methods for ratification. The first method requires ratification by three-fourths of the state legislatures (38 states), and the second method requires ratification by three-fourths of state ratifying conventions (also 38 states). Congress decides which method the states must follow, and they have only chosen the second method once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

The Archivist of the United States plays a crucial role in the amendment process. They are responsible for administering the ratification process and submitting the proposed amendment to the states for their consideration. Once an amendment is ratified by the required number of states, the Archivist issues a certificate, officially proclaiming that the amendment has become an operative part of the Constitution.

Amending the Constitution is a challenging and time-consuming process. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, but only 27 amendments have been successfully ratified and incorporated into the Constitution. The last amendment to be ratified through state conventions was the Twenty-First Amendment in 1933, which is the only amendment to explicitly repeal an earlier one.

Congress proposes an amendment

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process is designed to strike a balance between the need for change and the need for stability. The Constitution has been amended only 27 times since it was drafted in 1787, indicating that the process is indeed challenging.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, which currently equates to 38 out of 50 states. This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. Congress determines the method that the states must follow for ratification.

The process of proposing and ratifying an amendment is challenging and time-consuming. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, yet only 27 amendments have been successfully ratified and incorporated into the Constitution. State legislatures generate more than 80 percent of constitutional amendments that are considered and approved each year.

Ratification by three-fourths of states

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the document challenging. The Constitution has only been amended 27 times since it was drafted in 1787.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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 submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with informational material.

Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register (OFR). The OFR examines 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.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). 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 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.

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 that three-fourths of state ratifying conventions 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.

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State legislatures generate amendments

Amending the Constitution of the United States is a difficult task. The US Constitution has only been amended 27 times since it was drafted in 1787. In contrast, the current constitutions of the 50 states have been amended around 7,000 times.

State legislatures generate more than 80% of constitutional amendments that are considered and approved annually across the country. States vary in their requirements for legislatures to craft amendments. Some require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support.

The easiest route to legislative approval of amendments is to allow approval by a majority vote in a single session, which is available in 10 states. Twenty-five states set a higher threshold by requiring amendments to be proposed by a supermajority legislative vote in a single session. Nine of these states require a three-fifths vote, and 16 require a two-thirds vote.

Eleven states require amendments to be approved by a majority vote in two consecutive legislative sessions. Four of these states provide an alternative path by allowing approval by a supermajority vote in a single session. Four states require amendments to be approved by a supermajority vote in one or more legislative chambers and legislative approval in consecutive sessions.

Every state except Delaware requires legislature-crafted amendments to be approved by voters. Amendments in Delaware take effect once they have been approved by a two-thirds legislative vote in consecutive sessions. Most states permit voters to ratify legislature-crafted amendments by a simple majority vote. However, New Hampshire, Florida, and Colorado have a supermajority threshold for ratification.

Congress determines the method

Amending the United States Constitution is a difficult task. The framers of the Constitution made it challenging to ensure its longevity. The Constitution has been amended only 27 times since it was drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution.

The process of proposing and ratifying an amendment is as follows: First, two-thirds of both Houses of Congress must propose and pass an amendment. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose an amendment. Once an amendment is proposed, it is submitted to the states for ratification. The Archivist of the United States is responsible for administering the ratification process and submitting the proposed amendment to each state's governor.

The states then consider the proposed amendment. If three-fourths of the states (38 out of 50) ratify the amendment, it becomes part of the Constitution. The Archivist certifies that the amendment is valid and publishes a formal proclamation in the Federal Register. This certification serves as official notice to Congress and the nation that the amendment process is complete.

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