Eleanor Finch
The United States Constitution has been amended only 27 times since it was drafted in 1787, and amending it is a challenging and time-consuming process. Article Five of the Constitution outlines two methods for altering it. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment, which is then ratified by three-fourths of the state legislatures. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments, which are then ratified by three-fourths of the states. While there have been over 10,000 measures to amend the Constitution proposed in Congress, the process ensures that only significant changes with a broad consensus are implemented.
| Characteristics | Values |
|---|---|
| Authority to amend | 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 | By legislatures of three-fourths of the states, or by conventions in three-fourths of the states |
| Amendment certification | Formal proclamation by the Archivist of the United States certifying the amendment's validity, published in the Federal Register and U.S. Statutes at Large |
| Amendment process | Difficult and time-consuming, with more than 10,000 measures proposed but only 27 amendments ratified since 1787 |
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What You'll Learn
Article V of the US Constitution
Article V thus provides a safeguard against both excessive ease of amendment, which could lead to a mutable Constitution, and excessive difficulty, which might perpetuate errors. It empowers both the General and State Governments to initiate the amendment process and correct any faults that experience may reveal. Notably, the President does not have a constitutional role in the amendment process, and joint resolutions for amendments are sent directly to the states for ratification without requiring the President's signature or approval.
Since 1789, all 33 amendments submitted to the states for ratification have originated in Congress, with the first method for crafting and proposing amendments being used each time. The second method, the convention option, has yet to be invoked. This option was intended to empower state legislatures to counter potential encroachments of national authority.
There is debate among scholars regarding the exclusivity of Article V as the means of amending the Constitution. Some argue that it is not the exclusive method, and the people, independent of the government, have the right to alter or abolish the government through proper legal procedures. Others assert that Article V does not explicitly state whether its procedures apply to amending itself, and there have been proposals to amend the Constitution's amending procedures.
The process of amending the Constitution involves Congress proposing an amendment, after which the Archivist of the United States administers the ratification process. The Archivist and the Director of the Federal Register follow established procedures, and the Director performs ministerial duties related to the process. Once an amendment is ratified by three-fourths of the states, the OFR drafts a formal proclamation for the Archivist to certify its validity. This certification is published, serving as official notice that the amendment process is complete.
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The role of Congress
The United States Constitution was written to endure for ages, and amending it is a challenging and time-consuming process. Congress plays a crucial role in this process, as outlined by Article V of the Constitution, which describes the two methods for proposing amendments.
The first method requires Congress to propose amendments, with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far. Congress has proposed thirty-three amendments using this procedure, six of which have not been ratified by the required number of states and are not part of the Constitution. The joint resolution for the amendment is forwarded directly to the National Archives and Records Administration (NARA) without requiring the President's signature or approval.
The second method involves Congress calling a constitutional convention upon the request of two-thirds of the state legislatures. This method has never been used, despite some support for the idea. This process reflects the compromise reached during the 1787 Constitutional Convention, with one group advocating for no role for the national legislature and the other for their involvement.
Once an amendment is proposed, either by Congress or a constitutional convention, it must undergo ratification. Congress determines the mode of ratification, which can be through 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 NARA, is responsible for administering the ratification process. When an amendment is ratified by three-eighths of the states (38 out of 50), it becomes part of the Constitution. The OFR examines ratification documents for authenticity and legal sufficiency before drafting a formal proclamation for the Archivist to certify the amendment's validity.
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Ratification process
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a difficult and time-consuming process. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is the first method of proposing amendments, and it is the only method that has been used so far.
The second method requires two-thirds of state legislatures (34 as of 1959) to request Congress to call a constitutional convention for proposing amendments. This has never happened, although it does have its supporters.
Once an amendment has been proposed, it must then be ratified. There are two ways this can happen:
- Ratification by state legislatures: The amendment must be ratified by the legislatures of three-quarters of the states (38 out of 50).
- Ratification by state conventions: The amendment must be ratified by conventions in three-quarters of the states. This method has only been used once in US history, for the ratification of the Twenty-First Amendment in 1933.
The vote of each state carries equal weight, regardless of its population or length of time in the Union. When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action. The Archivist has the responsibility for administering the ratification process, although they do not make any substantive determinations as to the validity of state ratification actions. Once the required number of authenticated ratification documents has been received by the OFR, 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, serving as official notice that the amendment process has been completed.
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The role of the Archivist
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when Congress proposes an amendment to the Constitution. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The Archivist's role in the amendment process is primarily ministerial, following procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist does not make any substantive determinations regarding the validity of State ratification actions.
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. The Director examines the 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.
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, 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.
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Amending the amendment process
The first method, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is followed by ratification by either the legislatures of three-quarters of the states or ratifying conventions in three-quarters of the states.
The second method, which has never been used, is for Congress to call a constitutional convention upon the request of two-thirds of state legislatures. Amendments proposed through this method would then follow the same ratification process as those proposed by Congress.
To amend the amendment process, one could propose changes to these methods or the ratification process. For example, one could suggest requiring a higher threshold for Congress to propose an amendment, such as a three-quarters majority vote in both houses. Alternatively, one could propose that a constitutional convention be held periodically, regardless of whether two-thirds of the states request it, to propose amendments directly to the states for ratification.
Another idea could be to specify deadlines for the ratification of proposed amendments, as Article Five is currently silent on this issue. Additionally, one could suggest removing or adding stipulations to make certain subjects more or less amendable. These suggestions would aim to make the amendment process more responsive to the needs of a changing nation while maintaining the necessary difficulty of altering the Constitution.
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Frequently asked questions
Article Five of the US Constitution outlines the process for altering the Constitution. Amendments may be proposed 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 state legislatures. Once proposed, an amendment must be ratified by three-quarters of state legislatures to become part of the Constitution.
The Archivist of the United States is responsible for administering the ratification process. They receive certified copies of state actions regarding ratification and delegate duties to the Director of the Federal Register, who examines ratification documents for authenticity. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution.
The US Constitution has been amended 27 times since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously. More than 10,000 measures to amend the Constitution have been proposed in Congress, but the amendment process is very difficult and time-consuming.
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