Eleanor Finch
Amending the US Constitution is a challenging and lengthy process. The framers of the Constitution, which was first drafted in 1787, intended for it to endure for a long time, and as such, made it difficult to amend. The process of amending the Constitution is outlined in Article V of the Constitution. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures, which amounts to 38 out of 50 states. This process ensures that any changes made to the Constitution are widely supported and have a significant impact on the country and its citizens.
| Characteristics | Values |
|---|---|
| Difficulty | High |
| Frequency of Amendments | 27 times since 1787 |
| Number of States Required for Ratification | 38 of 50 |
| Authority | Article V of the Constitution |
| Administering Body | National Archives and Records Administration (NARA) |
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What You'll Learn
The difficulty of amending the US Constitution
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution intentionally made it difficult to amend. Since its drafting in 1787, the Constitution has been amended only 27 times, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
The process of amending the Constitution is indeed challenging and time-consuming. A proposed amendment must first be passed by a two-thirds majority in both houses of Congress. Following this, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states). The ERA Amendment, for instance, failed to secure the necessary majority of state legislatures in the 1980s. An alternative route to initiate the amendment process is for two-thirds of state legislatures to request that Congress convene a Constitutional Convention, although this has never occurred.
The high bar for amending the Constitution has led to concerns about its rigidity and lack of adaptability to modern times. Scholars have argued that the country is stuck with a constitution that is outdated, no longer suitable for the present, and frozen in the past. The difficulty in amending the Constitution has also been exacerbated by the current political climate, with a deeply divided Congress making it challenging to garner the required level of support.
Despite the challenges, the process of amending the Constitution remains an important mechanism for addressing significant issues that impact all Americans or involve securing the rights of citizens. However, the low number of successful amendments highlights the difficulty of the process and the need for broad consensus in a highly polarized political environment.
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The role of Congress in proposing amendments
The United States Constitution was written to endure for ages, and as such, the process of amending it is intentionally difficult and time-consuming. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method involves Congress proposing amendments, which has been the only successful method so far.
Congress can propose amendments whenever two-thirds of both Houses deem it necessary. The amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, and it is proposed in the form of a joint resolution. This joint resolution is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution, publishes it in slip law format, and assembles an information package for the States.
Once the proposed amendment is received by the OFR, 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.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody. 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.
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State legislatures and their ratification process
The process of amending the US Constitution is a difficult and time-consuming endeavour. The authority to amend the Constitution is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process.
State legislatures play a crucial role in this process. Once an amendment is proposed, the Archivist submits it to the states for their consideration. The Governors then formally submit the amendment to their respective state legislatures. It is worth noting that some state legislatures have taken action on proposed amendments even before receiving official notification.
To ratify an amendment, state legislatures must approve it, and this typically requires a significant majority vote. For example, in Alabama, a 60% vote is required from both chambers of the State Legislature to place an amendment on the ballot. Similarly, in California, two-thirds of each chamber of the State Legislature must propose an amendment before it goes on a statewide ballot for ratification or rejection by voters.
Once a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist, who then forwards it to the Director of the Federal Register. The Office of the Federal Register (OFR) examines these documents for legal sufficiency and authenticity. If everything is in order, the OFR maintains custody of the documents until the amendment is either adopted or fails.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). When the OFR verifies that the required number of authenticated ratification documents has been received, it drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register, officially declaring the completion of the amendment process.
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The Archivist's role in the amendment process
The Archivist of the United States plays a crucial role in the amendment process. The Archivist, as the head of the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. This responsibility is derived from Article V of the Constitution and the relevant provisions of 1 U.S.C. 106b.
The Archivist's specific duties in the amendment process include submitting the proposed amendments to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states (38 out of 50) ratify them. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then conveyed to the Director of the Federal Register. The Director examines these documents for legal sufficiency and an authenticating signature, and if they are in order, acknowledges receipt and maintains custody.
Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
In recent history, the signing of the certification has become a ceremonial event attended by dignitaries, including, on occasion, the President. For example, President Nixon witnessed the certification of the 26th Amendment, and Archivist Don W. Wilson became the first and only Archivist to certify a constitutional amendment, the 27th Amendment, in 1992. Wilson's actions were somewhat controversial due to the lengthy time between the amendment's proposal and ratification.
The Archivist also has duties concerning the custody of Electoral College documents in United States presidential elections, such as certificates of ascertainment declaring the names of presidential electors chosen in each state.
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The number of amendments to the Constitution
The United States Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is a difficult and time-consuming task. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures, or two-thirds of the states can request Congress to call a Constitutional Convention.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and cover a range of rights, including freedom of religion, speech, press, assembly, and the right to bear arms. The remaining 17 amendments address various topics, such as voting rights, congressional compensation, and equal protection under the law.
Since 1789, more than 11,000 amendments have been proposed, but only 27 have been successfully ratified and incorporated into the Constitution. The process ensures that amendments have a significant impact on all Americans or secure the rights of citizens. The last amendment, the 27th, was certified by the Archivist of the United States, who is responsible for administering the ratification process, in 1992.
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Frequently asked questions
It is very difficult and time-consuming to amend the US Constitution. The framers made it a challenging process to ensure longevity.
A proposed amendment must be passed by two-thirds of both houses of Congress. Then, it must be ratified by three-fourths of the state legislatures (38 out of 50 states). Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention, though this has never happened.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for the amendment process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents and maintains custody of them.
