Malcolm Rivera
The United States Constitution outlines the process by which it may be amended in Article V. The Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, can propose amendments. Alternatively, Congress may propose amendments at the request of two-thirds of state legislatures. The proposed amendment then needs to be ratified by three-fourths of the state legislatures or ratifying conventions in three-fourths of the states. While Article V establishes the procedures for amending the Constitution, it also includes clauses that are shielded from amendment. One such clause is the guarantee of equal suffrage in the Senate, which some scholars argue can be amended, while others disagree.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal method | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Ratification by three-fourths of the state legislatures or by conventions in three-fourths of the states |
| Amendment certification | Formal certification by the Archivist of the United States |
| Amendment documentation | Official documents sent to NARA to record rejection, amendment, or rescission of prior ratification |
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What You'll Learn
Two-thirds majority vote in the House of Representatives and the Senate
The United States Constitution grants Congress the authority to amend it, as outlined in Article V. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process requires a joint resolution from Congress, which does not require the President's signature or approval.
To achieve a two-thirds majority vote, both the House and the Senate must propose a constitutional amendment with a vote of two-thirds of the Members present. This vote assumes the presence of a quorum and is not based on a vote of two-thirds of the entire membership, including those absent. This procedure has been consistently followed whenever amendments have been proposed.
The joint resolution proposing an amendment is then forwarded to the National Archives' 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, creating an information package for the States. This package includes formal "red-line" copies and slip law format copies of the joint resolution.
Following this, the amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The OFR verifies the receipt 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 U.S. Statutes at Large, serving as official notice to Congress and the Nation of the completed amendment process.
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A constitutional convention called by two-thirds of state legislatures
Article V of the United States Constitution outlines the procedures for amending the Constitution. One of the methods described in Article V for proposing amendments is through a constitutional convention called by two-thirds of state legislatures. This method has never been used, and there are ongoing debates surrounding it.
To initiate this process, two-thirds of state legislatures must apply to Congress to call for a convention for proposing amendments. This step involves the state legislatures submitting a request to Congress to convene a convention for the purpose of discussing and proposing potential amendments to the Constitution.
Once the convention is convened, delegates from the states come together to debate and draft proposed amendments. This process can involve discussions, negotiations, and votes among the delegates to reach a consensus on the specific amendments to be proposed.
The proposed amendments arising from the convention are then submitted to the states for ratification. For an amendment to become part of the Constitution, it must be ratified by either three-fourths of the states or ratifying conventions in three-fourths of the states, as determined by Congress. This step involves each state weighing in on the proposed amendment and deciding whether to accept or reject it.
It is important to note that while Article V provides for this method of proposing amendments, there are debates and uncertainties surrounding its implementation. These include questions about the level of control Congress should have over the convention, the potential for a "runaway convention," and the specific procedures to be followed. Despite these considerations, the constitutional convention called by two-thirds of state legislatures remains a valid option for proposing amendments to the Constitution.
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Ratification by three-quarters of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made in two ways. The first method, which has been used for all amendments so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves a constitutional convention called for by two-thirds of state legislatures.
Once an amendment has been proposed, it must be ratified to become part of the Constitution. Ratification can be achieved in two ways, as determined by Congress: through the legislatures of three-quarters of the states (38 out of 50 states), or through ratifying conventions in three-quarters of the states. This second method has only been used once in history, for the ratification of the 21st Amendment in 1933.
When an amendment is ratified by three-quarters of the state legislatures, the Office of the Federal Register (OFR) receives authenticated ratification documents from the states. The OFR then drafts a formal proclamation for the Archivist of the United States 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.
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 process to the Director of the Federal Register, who follows procedures and customs established by the Secretary of State and the Administrator of General Services in the past.
The ratification of an amendment by three-quarters of the state legislatures is a significant step in the process of amending the Constitution. It ensures that any changes to the nation's foundational document reflect the will of a substantial majority of the states and protects against hasty or unilateral amendments.
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Ratifying conventions in three-quarters of states
The first method, which has been used for all 27 amendments, involves 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. Once an amendment is proposed, Congress decides whether it will be ratified by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
The Archivist of the United States, who heads the National Archives and Records Administration (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. The Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is then assembled 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 provisions.
Once the OFR verifies that it has received the required number of authenticated ratification documents, it 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 and serves as official notice to Congress and the nation that the amendment process has been completed.
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The President's role in the amendment process
The President does not have a constitutional role in the process of amending the US Constitution. The Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
However, there have been instances where Presidents have played an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not necessary. Similarly, President Jimmy Carter signed a joint resolution extending the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Despite these examples, the Supreme Court has maintained that the President has no formal constitutional role in the amendment process. In the 1798 case of Hollingsworth v. Virginia, the Court held that the Eleventh Amendment was constitutionally adopted without requiring the action of the President. This view was further reinforced in the 1920 case of Hawke v. Smith, where the Court characterised its earlier decision as having "settled" that the submission of a constitutional amendment did not necessitate the involvement of the President.
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Frequently asked questions
The Senate can propose an amendment to the Constitution with a two-thirds majority vote. This proposed amendment must then be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
The President does not have a constitutional role in the amendment process, and the proposed amendment does not require presidential approval.
No, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
The Archivist of the United States is responsible for administering the ratification process. Once the OFR (Office of the Federal Register) verifies that it has received the required number of authenticated ratification documents, the Archivist certifies that the amendment is valid and has become part of the Constitution.
