Eleanor Finch
The US Constitution is composed of a preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, it becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The process of amending the Constitution is a significant undertaking and has only been accomplished 27 times in the history of the United States. This raises the question of how often the Constitution is reviewed and what mechanisms are in place to ensure it remains a relevant and effective governing document.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Requires three-fourths of the States (38 out of 50) |
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
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What You'll Learn
Who can propose amendments?
The US Constitution can be amended by either of two methods authorised by Article Five of the US Constitution. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for two-thirds of state legislatures (34 out of 50) to call for a constitutional convention to propose amendments.
Congress proposes amendments in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory process for ratification.
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 governor along with the informational material prepared by the OFR.
The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). 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 and has become part of the Constitution. This certification is published in the Federal Register and US Statutes at Large and serves as official notice to Congress and the nation that the amendment process has been completed.
It is important to note that the Article V convention method has never been used to propose an amendment to the US Constitution. All 27 amendments to the Constitution have been proposed by Congress with a two-thirds majority vote in both houses.
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The ratification process
The Confederation Congress endorsed Hamilton's initiative, and representatives from all 13 states were invited to a convention in Philadelphia on May 25, 1787, to participate in the Convention. The initial purpose of the Convention was for the delegates to amend the Articles of Confederation. However, the outcome was the proposal and creation of a completely new form of government.
The Convention concluded on September 17, 1787, with the signing of the new US Constitution by 38 out of 41 delegates present. Under Article VII, it was agreed that the document would not be binding until its ratification by nine of the 13 existing states. Hamilton and James Madison led the lobbying efforts for votes in favour of ratifying the Constitution. They produced, with John Jay's assistance, 85 essays known as "The Federalist Papers", which explained and defended how the proposed new government would function. These essays were published in newspapers nationwide.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document. The process of ratification was not without opposition. Some states voiced concerns that the Constitution did not provide protection for rights such as freedom of speech, religion, and the press. The terms of the Massachusetts Compromise, reached in February 1788, addressed these concerns with amendments—what became the Bill of Rights—which would be immediately proposed.
The Constitution became the official framework of the US government on June 21, 1788, when New Hampshire became the ninth state to ratify it. After ratification, Congress set dates for the first federal elections and the official implementation of the Constitution. The first presidential election saw George Washington elected President and John Adams elected Vice President.
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The role of the Archivist
The US Constitution is not reviewed on a set schedule; instead, amendments are proposed and ratified over time, with the Archivist of the United States playing 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 overseeing the preservation and public availability of government records, including the original Declaration of Independence, the Constitution, and the Bill of Rights.
In addition to managing the amending process, the Archivist is responsible for publishing new amendments and ensuring they have fulfilled the requirements set forth in Article V of the Constitution. For example, an amendment must be passed by Congress and ratified by a specified number of states, as in the case of the Equal Rights Amendment (ERA), which required ratification by 38 states. The Archivist also has duties concerning the custody of Electoral College documents during presidential elections, such as certificates of ascertainment and certificates of vote produced by electors in each state.
The current Archivist of the United States, Colleen Joy Shogan, was nominated by President Joe Biden in 2022 and confirmed by the Senate in May 2023. As the first woman to permanently hold this position, Shogan oversees the National Archives and ensures the proper management and accessibility of historical records, including any amendments to the Constitution.
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The role of the President
The US Constitution, composed of a preamble, seven articles, and 27 amendments, has no set review schedule. Instead, amendments to the Constitution can be proposed through two methods outlined in Article V. The first method involves Congress, which can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the State legislatures. Notably, none of the 27 amendments to date have been proposed through this second method.
Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The Office of the Federal Register (OFR) plays a crucial role in this process by verifying the required number of authenticated ratification documents and drafting a formal proclamation. The Archivist of the United States then certifies that the amendment is valid and has become part of the Constitution.
While the President does not have a constitutional role in the amendment process, they may be involved in a ceremonial capacity during the signing of the certification. For example, President Johnson and President Nixon witnessed the certification of amendments during their respective terms.
The process of amending the US Constitution is a deliberate and rigorous procedure, ensuring that any changes made to the foundational document of the nation undergo thorough scrutiny and receive broad support across the country.
While the President does not have a direct constitutional role in proposing or ratifying amendments, their presence during the ceremonial signing of certifications for amendments highlights their symbolic importance in the process. The President's participation adds a layer of solemnity and significance to the amendment's integration into the Constitution.
The President's involvement in this capacity serves as a representation of the executive branch's recognition of the amendment's validity and importance. By being a witness to the certification process, the President, as the head of the nation, lends their support and authority to the amendment, indicating its acceptance and legitimacy within the federal government.
Additionally, the President's presence during the signing ceremony also reinforces the unity and collaboration between the different branches of government. It showcases the executive branch's respect for the legislative process and the constitutional framework that defines the nation's governance.
While the President's role in amending the Constitution is not constitutionally mandated, their participation in the ceremonial aspects underscores the gravity and finality of the amendment process. It symbolizes the completion of the legislative journey of an amendment and its transformation into a binding part of the nation's supreme law.
The President's presence during the signing ceremony also serves as a reminder of the executive branch's responsibility to uphold and defend the Constitution, including its newly ratified amendments. It reinforces the President's duty to ensure that the laws of the land, as outlined in the Constitution, are faithfully executed and adhered to by all citizens and government entities.
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The Bill of Rights
The first amendment guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The second amendment, which has been the subject of much debate, guarantees the right to bear arms. The third amendment prohibits the quartering of soldiers in civilian homes without consent. The fourth amendment protects citizens from unreasonable searches and seizures, requiring warrants to be supported by probable cause.
The fifth amendment, though not explicitly mentioned in the sources, likely refers to the right to avoid self-incrimination and double jeopardy, as well as the right to due process. The sixth amendment guarantees the right to a speedy trial and legal counsel. The seventh amendment ensures the right to a trial by jury, while the eighth amendment prohibits excessive bail and cruel and unusual punishment.
The ninth amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. Finally, the tenth amendment reserves powers not delegated to the federal government to the states or the people.
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Frequently asked questions
The US Constitution does not have a set review period. Amendments may be proposed either 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.
There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out 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.
