Simone Lawson
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution and involves two steps: proposal and ratification. The proposal can be made 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 state legislatures. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). This process ensures a balance between the need for change and stability in the nation's governing framework.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment? | The U.S. Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposer of an amendment | A national convention, called by Congress, on the application of two-thirds of state legislatures (34 since 1959) |
| Number of amendments proposed | 33 |
| Number of amendments ratified | 27 |
| Number of amendments not ratified | 6 |
| Number of amendments pending | 4 |
| Number of amendments closed | 2 |
| Number of amendments to be part of the Constitution | 38 of 50 States (three-fourths of the states) |
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What You'll Learn
The two-step process for amending the US Constitution
The US Constitution has been amended 27 times since it was enacted on March 4, 1789. Thirty-three amendments have been proposed, but only 27 have been ratified by the required number of states. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
- The US Congress proposes an amendment with a two-thirds majority vote in both the Senate and the House of Representatives. This is the only method that has been used so far.
- A national convention is called by Congress on the application of two-thirds of the state legislatures (34 since 1959). This option has never been used.
Once an amendment is proposed, it is sent to the states for ratification. An amendment must be ratified by three-fourths of the states (38 of 50 states) to become part of the Constitution. Congress determines the method of ratification, which can be either:
- Ratification by the legislatures of three-fourths of the states.
- Ratification by conventions in three-fourths of the states.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. 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. 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.
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The role of the US Congress in proposing amendments
The US Constitution has been amended 27 times since it was enacted on March 4, 1789. Thirty-three amendments have been proposed, 27 of which have been ratified by the required number of states. The authority to amend the Constitution is derived from Article V of the Constitution. The US Congress plays a crucial role in proposing amendments, which can be done in two ways.
Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
The second method, which has never been used, is for Congress to call a constitutional convention upon the request or application of two-thirds of the state legislatures. This method is provided for in Article V but has never been utilised in the amendment process.
Once an amendment is proposed by Congress, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services.
The proposed amendment is then submitted to the states for their consideration. The amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
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Ratification by three-fourths of the States
The United States Constitution, specifically Article V, outlines a two-step process for amendments. The first step involves proposing an amendment, which can occur through two methods. The primary method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a national convention called by Congress for this purpose on the application of two-thirds of state legislatures (34 out of 50) can propose an amendment. However, this option has never been utilised.
Once an amendment is proposed, it is sent to the states for ratification, constituting the second step of the process. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, or 38 out of 50 states, to be precise. This ratification can occur through two methods, as determined by Congress. The first method involves the legislatures of three-fourths of the states ratifying the amendment. The second method, used only once for the Twenty-First Amendment, involves Congress requiring the approval of three-fourths of state ratifying conventions.
The process of administering the ratification falls under the purview of the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the associated duties to the Director of the Federal Register, who follows established procedures and customs. After receiving the required number of authenticated ratification documents, the Director drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
Since the Constitution came into effect on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Of these, 27 have been successfully ratified and incorporated into the Constitution. The first ten amendments, collectively known as the Bill of Rights, were ratified simultaneously. Six amendments have not been ratified by the required number of states, with four still pending, one closed and failed by its terms, and another closed and failed by the resolution's terms.
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The role of the Archivist of the United States
The process of amending the US Constitution is detailed in Article V of the Constitution. An amendment is proposed and sent to the states for ratification either by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress for this purpose on the application of the legislatures of at least two-thirds of the states.
The Archivist of the United States plays a crucial role in this process. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA). They are responsible for the supervision and direction of the National Archives, which houses millions of records. The Archivist is appointed by the President of the United States and has specific duties regarding the custody of important documents. For example, the Archivist maintains custody of state ratifications of amendments to the Constitution and issues a certificate proclaiming a particular amendment duly ratified and part of the Constitution if at least three-quarters of the states approve. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
In addition to their role in the amendment process, the Archivist of the United States also has duties concerning the custody of Electoral College documents during presidential elections. These include certificates of ascertainment declaring the names of the presidential electors chosen in each state and the certificates of vote produced by those electors. The Archivist also receives the original version of all statutes of the United States once they are enacted.
The National Archives, under the direction of the Archivist, employs a diverse group of people to help preserve and make accessible the records of the US Government. These include archivists, archives specialists, archives technicians, conservators, records managers, accountants, photographers, librarians, educators, curators, store clerks, editors, chemists, and graphic designers. Volunteers also play an important role in assisting archivists, conservators, and archives technicians, as well as giving tours. Together, this team ensures the preservation and accessibility of the nation's historical records.
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Amendments proposed but not ratified
The Constitution of the United States can be amended by following the two-step process outlined in Article Five of the Constitution. Amendments must be properly proposed and ratified before becoming operative. This process was designed to strike a balance between the excesses of constant change and inflexibility.
An amendment may be proposed by the US Congress, with a two-thirds majority vote in both the Senate and the House of Representatives, or by a constitutional convention called for by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959). However, this latter option has never been used.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).
Since the Constitution came into operation on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Of these, 27 have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
Six amendments adopted by Congress have not been ratified by the required number of states. Four of these amendments are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it. Here are some details of the amendments proposed but not ratified:
- The proposed child-labor amendment, submitted to the states during the first session of the 68th Congress in June 1924.
- An amendment stating that "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." This amendment included a provision for Congress to enforce its provisions and was to take effect two years after ratification. However, it failed to receive ratification from three-fourths of the states within the seven-year time frame.
- An amendment relating to representation in Congress for the District of Columbia. This amendment also failed to receive ratification from a sufficient number of states, with only 16 states ratifying it by the 1985 expiration date.
- The first two articles of the twelve proposed amendments submitted to the states in 1789, along with the Bill of Rights. Article II was eventually ratified in 1992, but Article I has not been ratified.
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Frequently asked questions
The Constitution has been amended 27 times since it was drafted in 1787.
There is no limit to how often the Constitution can be amended. However, the process is deliberately difficult and time-consuming.
There is no fixed timeframe for amending the Constitution. The process involves proposing an amendment, which must be passed by a two-thirds majority in both houses of Congress, and then ratified by three-fourths of the states (38 out of 50). This two-step process can take a significant amount of time.
Amendments can be proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by Congress upon the request of two-thirds of state legislatures (34 states).
