Jonah Patel
The process of amending the US Constitution is a challenging and lengthy one, with only 27 successful amendments since it was drafted in 1787. The authority to make amendments comes from Article V of the Constitution, which outlines two methods for proposing changes. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This intricate process ensures that any changes made to the Constitution are carefully considered and have a significant impact on the nation.
| 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 |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by states | 27 |
| Number of amendments proposed but not ratified by states | 6 |
| Ratification process | Administered by the Archivist of the United States, with many duties delegated to the Director of the Federal Register |
| Number of states required for ratification | 38 of 50 |
| Official notice of amendment | Published in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
Two ways to propose an amendment
The United States Constitution has been amended only 27 times since it was drafted in 1787, and the framers made it a difficult task by design so that it would endure for ages to come. Article V of the United States Constitution describes the procedure for altering the Constitution and provides two methods for amending the nation's frame of government.
- Through Congress: The first method authorizes Congress, "whenever two-thirds of both houses shall deem it necessary," to propose constitutional amendments in the form of a joint resolution. Amendments proposed by Congress are forwarded directly to NARA's 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.
- Through a Constitutional Convention: The second method requires Congress, on the application of the legislatures of two-thirds of the several states (34 as of 1959), to "call a convention for proposing amendments". This option has never been used to propose an amendment. Once an amendment is proposed, it must be ratified by the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states.
Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR 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 serves as official notice to the Congress and the Nation that the amendment process has been completed.
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The role of the Archivist
The Archivist of the United States plays a crucial role in the process of amending the Constitution. The Archivist is responsible for administering the ratification process after Congress proposes an amendment. This responsibility is derived from Article V of the Constitution and the provisions of 1 U.S.C. 106b.
While the Archivist has delegated many of the ministerial duties to the Director of the Federal Register, they still play a significant role in the process. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. This copy is then conveyed to the Director of the Federal Register for examination and custody.
The Office of the Federal Register (OFR) examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the OFR 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 is complete.
The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive. This certification has become a ceremonial function attended by dignitaries, including, on occasion, the President. The Archivist also has duties concerning the custody of Electoral College documents in United States presidential elections.
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Ratification by state legislatures
The process of amending the Constitution through ratification by state legislatures begins with two-thirds of state legislatures calling on Congress to propose an amendment. This proposal is made in the form of a joint resolution. Once the proposal has been approved by Congress, it is forwarded to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then 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 other relevant information.
After receiving the proposal, the states have the power to decide whether to ratify the amendment. This can be done through a vote of the state legislature or by calling for a convention in the state. To become part of the Constitution, the amendment must be ratified by three-fourths of the states (38 out of 50 states).
Once an amendment has been ratified by the required number of states, the state governor sends an original or certified copy of the state action to the Archivist of the United States, who heads the NARA. The Archivist then delegates the responsibility for administering the ratification process to the Director of the Federal Register. The OFR examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
Finally, the OFR 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 has been completed.
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The amendment process
The process of amending the United States Constitution is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, a process that has been used for all 27 amendments successfully ratified thus far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it must be ratified. Ratification can occur in one of two ways: by a three-fourths majority vote of the state legislatures or by conventions in three-fourths 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, although the specific procedures are not outlined in detail in Article V or the relevant United States Code. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
When the Director of the Federal Register receives the required number of authenticated ratification documents, they draft 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.
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Article V procedures
Article V establishes two methods for proposing amendments to the Constitution. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose amendments to the Constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments.
In the former method, the Congress proposes an amendment in the form of a joint resolution. The original document is forwarded directly to NARA's 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 pro.
In the latter method, two-thirds of the state legislatures call for a convention. The Governors then formally submit the amendment to their State legislatures or the state calls 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.
In either case, the amendment is valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress. 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 the Congress and to the Nation that the amendment process has been completed.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of 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 convention called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by three-quarters of the state legislatures.
The Archivist of the United States is responsible for administering the ratification process. They receive an original or certified copy of the state action when a state ratifies a proposed amendment. The Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
The Director of the Federal Register (OFR) examines ratification documents for facial legal sufficiency and an authenticating signature. The OFR retains these documents until an amendment is adopted or fails, after which they transfer the records to the National Archives for preservation. Once the OFR verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid.
There have been 27 amendments to the Constitution, including the first 10 amendments adopted simultaneously as the Bill of Rights in 1791.
The process of amending the Constitution is very difficult and time-consuming. The framers of the Constitution made it challenging to ensure its longevity. More than 10,000 measures to amend the Constitution have been proposed in Congress, but only 27 amendments have been ratified.
