Simone Lawson
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution comes from Article V of the Constitution, which outlines two methods for proposing amendments. The first method involves Congress proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the states. At least 11,000 proposals have been introduced in Congress, but the amendment process is challenging and time-consuming, requiring a two-thirds majority in both houses of Congress and subsequent ratification by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | 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. |
| What happens after an amendment is proposed? | The Archivist of the United States administers the ratification process. The Archivist submits the proposed amendment to the States for their consideration. |
| How many states need to ratify the amendment? | 38 of 50 states (three-fourths) |
| What happens after ratification? | The OFR verifies that it has received the required number of authenticated ratification documents, then drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large. |
| How many amendments have been proposed in Congress? | At least 11,000 |
| How many amendments have been ratified? | 27 |
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What You'll Learn
Two-thirds of both Houses of Congress must deem it necessary
The United States Constitution has been amended only 27 times since 1787, and the process of proposing a constitutional amendment is a difficult and time-consuming one. The process begins with a proposal by Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of both Houses of Congress must agree that the amendment is necessary.
This method of initiating constitutional change has proven successful in the past, with few difficulties of a constitutional nature arising. The National Prohibition Cases established that a two-thirds vote is required to propose an amendment, assuming the presence of a quorum. This vote indicates that the two Houses of Congress deem revision necessary.
Once the proposal has been passed by two-thirds of both Houses, it is then submitted to the states for ratification. At least 11,000 proposals to amend the Constitution have been introduced in Congress, but only 33 have been submitted to the states, as they did not receive the required two-thirds majority in each house. This highlights the challenging nature of the amendment process and the importance of achieving consensus among both Houses of Congress.
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 by sending a letter of notification to each Governor, along with informational material. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
In conclusion, achieving a two-thirds majority in both Houses of Congress to deem an amendment necessary is a crucial step in the process of proposing a constitutional amendment. It requires broad agreement and consensus among members of Congress and is just the first step in the lengthy and complex process of amending the United States Constitution.
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Application of two-thirds of State Legislatures
Article V of the US Constitution establishes two methods for proposing amendments to the Constitution. One of these methods is through the application of two-thirds of state legislatures. This method involves a request from two-thirds of the states for Congress to call a convention for proposing amendments. This method has never been used, and there are debates surrounding it, including whether Congress must call a convention upon receiving the requisite number of state applications and whether Congress can control aspects of the convention, such as rules of procedure.
When a proposed amendment is submitted to the states for their consideration, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who prepares informational material and assembles packages for the states. The packages include formal "red-line" copies of the joint resolution and copies in slip law format.
State legislatures can take action on a proposed amendment without waiting for official notification. When a state ratifies, it sends the Archivist an original or certified copy of the state's action, which is conveyed to the Director of the Federal Register for examination and custody. The OFR (Office of the Federal Register) examines ratification documents for facial legal sufficiency and authenticating signatures. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The process of proposing and ratifying a constitutional amendment is challenging and time-consuming. At least 11,000 proposals have been introduced in Congress, but only a small proportion has received the required two-thirds majority in both houses for submission to the states. The amendments must address significant issues affecting all Americans or securing the rights of citizens. The Constitution has been amended 27 times since 1787, and none of these amendments have been proposed by a constitutional convention.
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Ratification by three-fourths of the States
The process of proposing a constitutional amendment can be initiated 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. Once an amendment is proposed, it must be ratified to become part of the Constitution. One method of ratification is through the approval of three-fourths of the state legislatures or conventions in three-fourths of the states, which is 38 out of 50 states.
When an amendment is ratified by the required number of states, the Office of the Federal Register (OFR) plays a crucial role in the process. The OFR examines the ratification documents for their legal sufficiency and the presence of authenticating signatures. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them. The OFR then verifies that it has received the required number of authenticated ratification documents before drafting a formal proclamation.
This proclamation is then certified by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The certification confirms that the amendment is valid and has become an official 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 has been completed. The Archivist's role in this process is primarily administrative, following established procedures and customs, and they do not make substantive determinations regarding the validity of state ratification actions.
It is important to note that the process of proposing and ratifying constitutional amendments is complex and time-consuming. The steps outlined above provide a general framework, but the specific procedures and customs may vary depending on the amendment and the political landscape at the time. Additionally, while the two-thirds majority in Congress is a common method for proposing amendments, the convention method has never been used successfully.
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The role of the Archivist of the United States
The process of proposing a constitutional amendment in the United States is outlined in Article V of the Constitution. There are two methods for proposing amendments:
- Congress proposes an amendment when two-thirds of both Houses deem it necessary.
- Legislatures of two-thirds of the states apply, and Congress calls a convention for proposing amendments.
The President does not have a constitutional role in the amendment process, and any joint resolution does not require their signature or approval.
The Archivist's role includes submitting proposed amendments to the states for ratification and collecting state ratifications. Once an amendment is ratified by three-fourths of the states (38 out of 50), the Archivist certifies it as 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 of the United States Don W. Wilson became the first and, so far, only person to certify a constitutional amendment, which was the 27th Amendment in 1992. This amendment, first proposed in 1789, limits Congress's ability to change its pay until the next term. The Archivist's role in the constitutional amending process is primarily managerial, and they are assisted by the Office of the Federal Register.
While the Archivist has delegated many ministerial duties to the Director of the Federal Register, they still play a crucial role in facilitating the constitutional amendment process and ensuring its smooth execution.
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The President's role in the amendment process
While the President does not have a direct role in proposing amendments, their influence on public opinion and their relationship with Congress may impact the types of amendments proposed and their chances of success. Additionally, the President's role in appointing Supreme Court justices may indirectly impact the amendment process. The Supreme Court has the power to interpret the Constitution and rule on the validity of amendments, so the President's appointments may shape the Court's approach to these issues.
It is worth noting that the President's role in the amendment process is primarily indirect and influenced by their relationship with Congress and the public. The President's power to influence policy and legislation extends to proposed amendments, but the ultimate decision-making power lies with Congress and the states. The President's role in appointing Supreme Court justices may also have an indirect impact on how the Court interprets and rules on the validity of amendments.
In conclusion, while the President does not have a direct role in proposing constitutional amendments, their influence on the process is significant. Their ability to shape public opinion, work with or against Congress, and appoint Supreme Court justices all contribute to their overall impact on the amendment process. The rigorous nature of the amendment process, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the states, means that any successful amendment must have broad support, including, ideally, the support of the President.
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Frequently asked questions
There are two ways to propose a constitutional amendment.
The first way is for two-thirds of Congress to propose amendments to the Constitution. The second way is for two-thirds of the state legislatures to request that Congress call a convention for proposing amendments.
After a constitutional amendment is proposed, it is sent to the states for their consideration. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states.
