Malcolm Rivera
The process of amending the US Constitution involves two stages: proposal and ratification. Formal amendments directly alter the text of the Constitution, while informal amendments change how the Constitution is interpreted without affecting the document itself. Formal amendments are proposed by a two-thirds majority vote in both houses of Congress or by two-thirds of state legislatures requesting a constitutional convention. An amendment is ratified once three-fourths of state legislatures approve it. Informal amendments can occur through societal change, judicial interpretation, and executive agreements. These processes shape how constitutional rights are applied and interpreted without formally altering the document.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Proposal | Two-thirds majority vote in both the House of Representatives and the Senate, or by two-thirds of state legislatures requesting a national convention |
| Amendment process | Congress proposes an amendment in the form of a joint resolution, which is sent to NARA's Office of the Federal Register (OFR) |
| Submission to states | The Archivist submits the proposed amendment to the states for their consideration by sending a letter to each Governor along with informational material from the OFR |
| Ratification | Requires ratification by three-fourths of the states (38 out of 50) |
| Formal amendments | Changes to the written word of the Constitution |
| Informal amendments | Changes in the interpretation of the Constitution without altering the text, through societal change, legislative action, executive agreements, or judicial interpretation |
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What You'll Learn
- Formal amendments: changes to the written word of the Constitution
- Informal amendments: shifts in interpretation, not the document itself
- Proposal stage: two-thirds of Congress or state legislatures request a convention
- Ratification: three-fourths of state legislatures or conventions to ratify
- The role of the Archivist and the Director of the Federal Register in the process
Formal amendments: changes to the written word of the Constitution
Formal amendments to the US Constitution involve a two-stage process of proposal and ratification, as outlined in Article V of the Constitution. This process entails specific procedures and requirements that must be followed for an amendment to become part of the written Constitution.
The proposal stage can occur through two methods. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, with Congress proposing the amendment in the form of a joint resolution. It is important to note that the President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. The second method involves a constitutional convention called for by two-thirds of the state legislatures requesting Congress to propose amendments. However, in the history of constitutional amendments, none of the 27 amendments have been proposed through a constitutional convention.
Once an amendment is proposed, it moves to the ratification stage. Ratification can occur through one of two methods. The first method involves a favourable vote in three-fourths of all state legislatures, with each state legislature formally considering the proposed amendment. The second method entails specially called ratifying conventions in three-fourths of the states. When an amendment is ratified by three-fourths of the states (38 out of 50 states), it becomes part of the Constitution.
The process of amending the Constitution also involves administrative procedures to ensure its smooth execution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works in conjunction with the Director of the Federal Register, who handles many of the ministerial duties associated with this process. The Office of the Federal Register (OFR) within NARA plays a crucial role by providing informational material to the states and examining ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
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Informal amendments: shifts in interpretation, not the document itself
Informal amendments to the Constitution are changes that do not affect the written document but do affect the way it is interpreted. They are influenced by two overarching political processes: societal change and political change.
Societal change can lead to shifts in how constitutional rights are applied. For example, in the 1800s, during the Industrial Revolution, society's focus shifted towards expanding the rights of the middle and working classes. This led to an expansion of voting rights, which were eventually formally recognized in the Fifteenth Amendment (1870) and the Nineteenth Amendment (1920).
Political change can also drive informal amendments. For instance, Congress can informally amend the Constitution by enacting laws that expand or further define the expressed powers of the Constitution. An example of this is the expansion of voting rights and the addition of seats in the House. Presidents can also informally amend the Constitution by using their powers to clarify unclear constitutional provisions. They can also extend their authority in certain areas, such as foreign policy, by making informal executive agreements with foreign governments, thereby bypassing the need for Senate approval of formal treaties.
Political parties also play a significant role in informal amendments by influencing the political process through candidate selection and the establishment of national and local party platforms.
Finally, the nation's courts, including the Supreme Court, can interpret and apply the Constitution as they see fit, creating informal amendments through their rulings. An example of this is the Marbury v. Madison case, where the Supreme Court declared that federal courts had the power to nullify actions of the national government if they conflicted with the Constitution.
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Proposal stage: two-thirds of Congress or state legislatures request a convention
The proposal stage of the process to amend the US Constitution involves two methods, as outlined in Article V of the Constitution. One of these methods involves two-thirds of Congress or state legislatures requesting a convention. This method has never been used to propose an amendment; instead, all 27 amendments to the Constitution have been proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
The proposal stage is the first of two stages in the process of amending the Constitution. The second stage is the ratification stage. During the proposal stage, two-thirds of the state legislatures can request Congress to call a convention for proposing amendments. This is known as an Article V Convention, state convention, or amendatory convention.
The process begins with the state legislatures applying to Congress for a convention. Once Congress receives applications from two-thirds of the state legislatures (34 out of 50 states), it is obligated to call for a convention. This process is intended to circumvent the national legislature, giving states a mechanism to propose amendments without the consent of Congress.
There are ongoing debates about the interpretation of Article V. Some scholars argue that Congress must have discretion in calling a convention, while others assert that the language of Article V clearly mandates Congress to call a convention upon receiving the requisite number of state applications.
In recent years, several organizations have led efforts to require Congress to call an Article V Convention. For example, Citizens for Self-Governance launched the Convention of States project in 2015 to "rein in the federal government." As of 2025, their resolution had passed in 19 states. Similarly, the group Wolf-PAC has used this method to promote its cause of overturning the U.S. Supreme Court's decision in Citizens United v. FEC, with their resolution passing in five states.
Once Congress calls for a convention, the process moves to the ratification stage. An amendment proposed at the convention becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
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Ratification: three-fourths of state legislatures or conventions to ratify
The process of amending the US Constitution involves two stages: proposal and ratification. This process is outlined in Article V of the Constitution. While the proposal stage involves Congress proposing an amendment 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, the ratification stage involves state legislatures or conventions.
Ratification by state legislatures or conventions is a critical step in amending the US Constitution, requiring the approval of at least three-fourths of the states. This process ensures that any changes to the Constitution reflect the consensus of a supermajority of states, protecting against hasty or partisan amendments.
Once an amendment is proposed by Congress, it is submitted to the states for their consideration. Each state's governor receives a letter of notification along with informational material about the proposed amendment. The governor then formally submits the amendment to their state legislature. At this point, a state may choose to ratify the amendment, and if so, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
To achieve ratification, three-fourths of the states (currently 38 out of 50 states) must approve the amendment. This can be done through their respective state legislatures or through specially called ratifying conventions. This step ensures that a diverse range of states, representing the breadth of the country, consent to the proposed change.
When the Office of the Federal Register (OFR) within NARA verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation. This proclamation is then certified by the Archivist, confirming that the amendment is valid and has become an integral 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 has been successfully completed.
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The role of the Archivist and the Director of the Federal Register in the process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for managing the constitutional amendment process. The Archivist's duties include submitting proposed amendments to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states ratify them.
The Archivist submits the proposed amendment to the states by sending a letter of notification to each state governor, along with informational material prepared by the OFR. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register.
The Director of the Federal Register assists the Archivist in the amendment process and is responsible for examining ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails. The OFR then transfers the records to the National Archives for preservation.
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 then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed.
The Archivist and Director of the Federal Register follow procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility as an independent agency in 1985.
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Frequently asked questions
Article V of the Constitution outlines a two-stage process for amending the Constitution: proposal and ratification. An amendment can be proposed by two-thirds of both houses of Congress or by two-thirds of state legislatures requesting Congress to call a national convention to propose amendments. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration and, upon receiving the required number of authenticated ratification documents from the states, certifies that the amendment is valid and has become part of the Constitution.
An example of an informal amendment is the expansion of voting rights. Originally, only land-owning white males could vote in federal elections. Over time, due to societal changes and the emergence of the middle class during the Industrial Revolution, voting rights were expanded to include more people. However, the formal recognition of voting rights for all regardless of race and gender was only secured through the 15th and 19th Amendments.
The Supreme Court has been described as "a constitutional convention in continuous session" and has the power to interpret and apply the Constitution. In Marbury v. Madison (1803), the Court asserted its authority to nullify actions of the national government if they conflict with the Constitution. Cases such as Brown v. Board of Education and Roe v. Wade also represent instances of informal amendment through judicial interpretation.
Political parties have influenced the amendment process by shaping the political landscape through candidate selection and party platforms. They have contributed to informal amendments by advocating for specific changes and interpreting the Constitution in a way that aligns with their agendas.
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