Malcolm Rivera
The process of ratifying the Constitution is outlined in Article V. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. The amendment then needs to be ratified by three-fourths of the states through a vote of the state legislatures or a state convention. This process has been used for every amendment to the Constitution so far.
| Characteristics | Values |
|---|---|
| Number of votes needed in the Senate and the House of Representatives | Two-thirds majority |
| Number of states needed to ratify an amendment | Three-fourths (38) |
| Mode of ratification determined by | Congress |
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What You'll Learn
Two-thirds majority vote in the Senate and House of Representatives
To ratify the Constitution, Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. This is known as the traditional constitutional amendment process and is described in Article V of the Constitution.
The two-thirds majority vote in the Senate and House of Representatives is just the first step in the process of ratifying an amendment to the Constitution. After this, the amendment is sent to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths (currently 38) of the states.
The two-thirds majority vote in the Senate and House of Representatives is a crucial step in the process of amending the Constitution. It ensures that any changes to the Constitution have broad support from Congress before they are sent to the states for ratification.
It's important to note that the two-thirds majority vote in the Senate and House of Representatives is not a vote of two-thirds of the entire membership of each house. Instead, it is a vote of two-thirds of the members present, assuming the presence of a quorum. This means that as long as there is a quorum (a minimum number of members present), the amendment can be passed with the support of two-thirds of those members, even if some members are absent.
The two-thirds majority vote in the Senate and House of Representatives is just one of the ways that an amendment can be proposed. Article V of the Constitution also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. This process bypasses the two-thirds majority vote in the Senate and House of Representatives and allows the states to take the lead in proposing amendments.
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Three-fourths of states must ratify the amendment
To become part of the Constitution, an amendment must be ratified by three-fourths of the states. This is the traditional constitutional amendment process, described in Article V of the Constitution. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives, and then send it to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths of the states. This is currently 38 states.
The mode of ratification is determined by Congress, and in neither of these two processes is a vote by the electorate applicable to the ratification of a constitutional amendment. Article V makes no mention of a time limit for the ratification of a constitutional amendment, and no amendment before the 20th century had a time limit attached to it. The first amendment with a time limit was the 18th Amendment (Prohibition), proposed in 1917. For political reasons, Congress included an arbitrarily chosen seven-year deadline in Section 3. The amendment was also the first to include a time delay before it would take effect, in this case one year after the date of ratification.
The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present.
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No vote by the electorate is applicable
The mode of ratification is determined by Congress. Article V also provides for an alternative process, which has never been used. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. To become part of the Constitution, any amendment proposed by that convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention convened for that purpose.
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Two-thirds of state legislatures can request a constitutional convention
Article V of the Constitution describes the traditional constitutional amendment process. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. This proposal is then sent to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths (currently 38) of the states.
Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. This convention must then be ratified by three-fourths of the states through a vote of either the state legislature or a state convention convened for that purpose. The mode of ratification is determined by Congress, and in neither of these two processes is a vote by the electorate applicable to the ratification of a constitutional amendment.
The two-thirds vote in each house required to propose an amendment is a vote of two-thirds of the members present, assuming the presence of a quorum, and not a vote of two-thirds of the entire membership, present and absent.
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Two-thirds of the members present must vote
To ratify the constitution, Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. This means that two-thirds of the members present must vote. This is not a vote of two-thirds of the entire membership, present and absent, but of the members who are present, assuming the presence of a quorum.
Once the proposed amendment has been passed by Congress, it is sent to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths of the states (currently 38). This can be done through a vote of the state legislature or a state convention convened for that purpose.
Article V of the Constitution describes the traditional constitutional amendment process. It also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments.
It is important to note that in neither of these two processes is a vote by the electorate applicable to the ratification of a constitutional amendment.
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Frequently asked questions
Three-fourths of the states must vote to ratify an amendment for it to become part of the Constitution.
The state legislatures or a state convention.
Two-thirds of the Members of Congress present.
Congress.
Yes, if two-thirds of the state legislatures request it, Congress shall call a constitutional convention for proposing amendments.
