Malcolm Rivera
The process of amending the US Constitution is outlined in Article V, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both Houses of Congress, with the proposed amendment then needing ratification by three-quarters of the states. Alternatively, two-thirds of state legislatures can apply for Congress to call a convention for proposing amendments, which would then be sent to the states for ratification. While there have been over 11,000 proposals to amend the Constitution, only 33 have been proposed by Congress and sent to the states for ratification, with 27 of these being ratified and becoming part of the Constitution.
| Characteristics | Values |
|---|---|
| Percentage of Congress needed to propose an amendment | 2/3 |
| Percentage of States needed to ratify an amendment | 3/4 |
| Number of constitutional amendments proposed by Congress | 33 |
| Number of constitutional amendments ratified by States | 27 |
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What You'll Learn
Two-thirds majority in both houses
Article V of the U.S. Constitution outlines the process for proposing amendments. It establishes two methods for doing so. The first method requires a two-thirds majority vote in both houses of Congress to propose an amendment. This vote is based on the members present, assuming a quorum is met, rather than the entire membership. This method has been used to propose thirty-three constitutional amendments, which are then sent to the states for ratification.
The second method outlined in Article V involves the legislatures of two-thirds of the states applying to Congress to call a convention for proposing amendments. This convention can propose amendments regardless of Congress's approval, and these proposed amendments are then sent to the states for ratification. This method has never been used.
Once an amendment is proposed by Congress or a convention, it must be ratified by three-quarters of the states to become part of the Constitution. This can be done through state legislatures or conventions, with Congress determining the mode of ratification. While there is no specified time frame for ratification, Congress has recently specified a seven-year limit for recent proposals.
It is important to note that certain subjects are unamendable, and no amendment can deprive a state of its equal suffrage in the Senate without its consent.
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Three-quarters of states must ratify
Article V of the United States Constitution outlines the process by which the Constitution may be amended. It establishes two methods for proposing amendments: through Congress or a convention of the states.
For an amendment to be proposed by Congress, two-thirds of both Houses must vote in favour. This means that two-thirds of both the House of Representatives and the Senate must agree to propose an amendment. Once an amendment is proposed by Congress, it is then sent to the states for ratification.
The second method for proposing amendments is through a convention of the states. If two-thirds of the state legislatures apply, Congress is required to call a convention for proposing amendments. This convention can propose amendments independently of Congress, and these proposed amendments are then sent to the states for ratification.
Regardless of the method used to propose an amendment, for it to become part of the Constitution, it must be ratified by three-quarters of the states. This means that out of the 50 states, 38 must ratify the amendment. Each state's vote carries equal weight, regardless of its population or length of time in the Union.
The process of ratification can occur through one of two methods, as determined by Congress. The first method is through the state legislatures, which are the parts of the state government that enact laws for the state. The second method is through state ratifying conventions, where states call conventions for the sole purpose of deciding whether to ratify an amendment. While Congress can choose the method of ratification, it is important to note that every amendment, except for the Twenty-First Amendment, has been ratified by state legislatures.
The ratification process is administered by the Archivist of the United States, who notifies each state governor that an amendment has been proposed. The governors then formally submit the amendment to their state legislatures or ratifying conventions. Once a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who maintains custody of these documents.
While Article V outlines the process for amending the Constitution, it does not specify a deadline for ratification. However, for recent amendments, Congress has specified a ratification deadline, typically within seven years, to prevent delays in the ratification process.
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Congress can propose amendments
Congress has used the first method to propose thirty-three constitutional amendments, but the states have only ratified twenty-seven of them. This means that six amendments were proposed by Congress but not ratified by the states. The process of amending the Constitution is not a simple task, and it requires significant support in Congress and among the states.
The two-thirds majority vote in each house is calculated based on the members present and assumes the presence of a quorum. This means that it does not require two-thirds of the entire membership to be present and voting. Once an amendment is proposed by Congress, it is sent to the states for potential ratification.
It is important to note that Article V establishes the procedures for proposing and ratifying amendments. However, there have been arguments that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. Additionally, Article V provides Congress with the power to choose between two methods of ratification by the states: ratification by state legislatures or ratification by conventions specifically called for that purpose.
In summary, Congress plays a crucial role in proposing amendments to the Constitution, but it requires substantial support, with a two-thirds majority vote in both the House and the Senate. This process has been followed for all amendments proposed by Congress so far, and it highlights the checks and balances in the system to ensure that any changes to the Constitution reflect the will of a significant majority.
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States can bypass Congress
Article V of the US Constitution outlines two methods for proposing amendments: the congressional proposal method and the convention method. While all existing amendments have been enacted through the former, the latter allows states to bypass Congress.
The convention method, which has never been used, involves two-thirds of state legislatures applying for Congress to call a convention to propose an amendment. This method bypasses much of the federal government. Notably, it does not require the approval of Congress, and the proposed amendment is sent directly to the states for ratification.
To propose an amendment through the congressional proposal method, two-thirds of each House of Congress must vote for it. This is a vote of two-thirds of the members present, assuming a quorum, rather than two-thirds of the entire membership. Once an amendment is proposed by Congress, it must be ratified by three-quarters of the states to become part of the Constitution. Congress can choose between two ratification methods: ratification by state legislatures or ratification by conventions specifically called for that purpose.
Although the convention method has never been used to propose an amendment, it is theoretically possible for states to bypass Congress by ratifying an amendment through conventions. This is because, historically, every amendment, except for the Twenty-First Amendment, has been ratified by state legislatures.
Additionally, the U.S. Constitution empowers state legislatures to propose amendments without Congress's approval. To do this, 34 state legislatures must pass resolutions to call a convention to propose a congressional term limits amendment. However, this process is complicated by the fact that states may not pass identical applications, as is currently the case with applications for congressional term limits.
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Ratification time period
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While Article V provides two methods for proposing amendments, all amendments so far have been proposed by Congress. To propose an amendment, two-thirds of both the House and the Senate must vote in favour.
Once an amendment is proposed by Congress, it is submitted to the States for ratification. Three-quarters of the States (38 out of 50) must ratify the amendment for it to become part of the Constitution. There is no specified time limit within which the three-quarters of States must ratify the amendment. However, for recent amendments, Congress has set a deadline of seven years for ratification. If this deadline is not met, the amendment lapses.
In the past, some States have ratified amendments without waiting to receive official notification. States can ratify amendments through their State legislatures or by calling a convention, depending on what Congress has specified. Once a State ratifies an amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who maintains custody of the documents.
The Archivist plays a crucial role in the ratification process. Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the Nation that the amendment process is complete.
It is worth noting that the Twenty-Seventh Amendment, addressing the effective date of congressional pay raises, took over 200 years to be ratified by three-quarters of the States. This amendment became part of the Constitution in 1992, long after it was first proposed in 1789.
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Frequently asked questions
Two-thirds of both Houses of Congress must vote for an amendment proposal.
Three-quarters of the states must ratify the amendment before it is added to the Constitution.
Congress has proposed thirty-three constitutional amendments, out of at least 11,000 proposals introduced.
