Omar Bennett
The process of amending the US Constitution is a difficult and time-consuming endeavour. Since its drafting in 1787, there have been 27 amendments, including the first 10 amendments, known as the Bill of Rights. Article V of the US Constitution outlines the procedure for altering the Constitution, which consists of proposing an amendment and subsequent ratification. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention requested by two-thirds of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states. This process is overseen by the Archivist of the United States and the Director of the Federal Register, who ensure the validity and authenticity of the ratification documents. While the process is challenging, it ensures that any changes to the Constitution are carefully considered and reflect the sovereign desires of the American people.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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 submission | Governors submit the amendment to their state legislatures or call for a convention as specified by Congress |
| Ratification | Ratification by three-fourths of the states (38 out of 50) |
| Official certification | Formal proclamation by the Archivist of the United States certifying the amendment as valid and part of the Constitution |
| Publication | Official certification published in the Federal Register and U.S. Statutes at Large |
| Difficulty | High, with only 27 amendments since 1787 |
| State constitutions | Easier to amend, with frequent amendments in many states |
| State legislature role | Generate more than 80% of constitutional amendments approved annually |
| State requirements | Varying requirements, with some states requiring majority support and others supermajority support |
| Voter ratification | Four states require majority approval from all voters, while Illinois requires approval by three-fifths of voters on the amendment or a majority of all voters |
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What You'll Learn
The difficulty of amending the US Constitution
The United States Constitution was designed to "endure for ages to come", and its framers made the process of amending the document a challenging task. The US Constitution has only been amended 27 times since it was drafted in 1787, indicating the difficulty of the process.
The authority to amend the Constitution is derived from Article V, which outlines a clear and stable method for making changes. This process involves two methods for proposing amendments and two methods for ratifying them. Amendments can 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 the state legislatures. However, no amendments have been proposed by a constitutional convention to date.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur in two ways: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. This second method has only been used once in history, in the 1933 ratification of the Twenty-First Amendment. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The amendment process is time-consuming and challenging, and it requires significant support to succeed. State constitutions, in contrast, are amended regularly and are much easier to modify. The complexity of amending the US Constitution ensures that any changes made are carefully considered and have a significant impact on the nation.
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Article V of the US Constitution
The process of creating a new constitutional amendment in the United States is outlined in Article V of the US Constitution. This article provides two methods, or "modes," by which the Constitution may be altered: the proposal and ratification. Here is a detailed breakdown of the process:
Proposal: Either Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, or a national convention called for by two-thirds of the state legislatures, can propose an amendment to the Constitution. This is the first step in the amendment process, and it sets the stage for the potential change to be made.
Ratification: Once an amendment has been proposed, it must then be ratified, or approved, by three-fourths of the state legislatures or ratifying conventions, whichever mode of ratification was chosen by Congress. This is a crucial step, as it ensures that any change to the Constitution is widely supported and reflects the will of the people.
It's important to note that the second mode, involving a national convention and ratification by state legislatures or conventions, has never been utilized in the history of the United States. All amendments to date have been proposed by Congress and then ratified by the states.
The process of creating a new constitutional amendment is deliberately challenging. The founders of the nation intended for the Constitution to be a stable document, not easily changed with shifting political winds. As a result, the amendment process serves as a critical check and balance in the US system of government, ensuring that any changes to the nation's founding document are carefully considered and broadly supported.
Additionally, it's worth mentioning that the Constitution also includes a procedure for states to regain their full representation in Congress if they have rebelled or engaged in insurrection against the United States. This process involves a vote by both houses of Congress and ensures that even in the most exceptional circumstances, the will of the people is respected and the country can move forward united.
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The role of Congress in proposing amendments
The United States Constitution has been amended only 27 times since it was drafted in 1787, indicating that the process of creating a new constitutional amendment is a difficult and time-consuming task. Article V of the United States Constitution outlines the procedure for altering the Constitution and plays a crucial role in proposing and ratifying amendments.
Congress plays a crucial role in specifying the ratification process for the proposed amendment. After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many duties associated with this function to the Director of the Federal Register. The OFR assembles an information package for the states, including formal copies of the joint resolution.
The proposed amendment is then submitted to the state legislatures or a constitutional convention, depending on Congress's specifications. To become part of the Constitution, the amendment must be ratified by three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states. This process is determined by Congress. The OFR examines ratification documents for legal sufficiency and authenticity, and if they are in good order, the Director acknowledges receipt and maintains custody.
Congress has the power to initiate the amendment process, and once the proposed amendment is ratified by the required number of states, it becomes part of the Constitution. The process is challenging, and Congress's role in proposing and specifying the ratification process for amendments is essential to ensuring the long-term stability and impact of any changes made to the United States Constitution.
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Ratification by state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a challenging and lengthy process, and since the Constitution was drafted in 1787, it has only been amended 27 times, with the first 10 amendments being adopted simultaneously as the Bill of Rights.
The process of ratification by state legislatures is as follows: once an amendment has been proposed by Congress, it is sent to the states for ratification. The state legislatures then debate and vote on the proposed amendment. The vote can be taken in a single session or across two consecutive sessions, and the majority required for approval varies between states. Some states require only a simple majority, while others demand a supermajority, with specific thresholds also differing. For example, nine states require a three-fifths majority, and 16 states demand a two-thirds majority. Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to 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 function to the Director of the Federal Register, who examines 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.
For an amendment to become part of the Constitution, it must be ratified by three-quarters (38 out of 50) of the state legislatures or by ratifying conventions in three-quarters of the states. This process has only been used once in American history, for the 1933 ratification of the Twenty-First Amendment. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
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The Archivist's role in the amendment process
While the Archivist has delegated many of the day-to-day duties to the Director of the Federal Register, they play a crucial role in maintaining the integrity of 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 immediately conveyed to the Director of the Federal Register, who examines the document for facial legal sufficiency and an authenticating signature.
The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist's role is to ensure the proper administration of the ratification process, including the verification and certification of ratification documents.
Once the OFR 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. This certification is a formal proclamation 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 is final and conclusive regarding the facial legal sufficiency of ratification documents. This ensures that the amendment process is conducted according to established procedures and that the final determination of an amendment's validity is appropriately certified.
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Frequently asked questions
The process to create a new constitutional amendment is outlined in Article V of the United States Constitution. An amendment can 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-fourths of the state legislatures or by ratifying conventions in three-fourths of the states.
The Archivist of the United States is responsible for administering the ratification process. They receive certified copies of state actions and delegate ministerial duties to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency.
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights. More than 10,000 measures to amend the Constitution have been proposed in Congress, but the amendment process is deliberately difficult and time-consuming.
State constitutions are much easier to modify than the US Constitution. While the US Constitution has been amended 27 times, state constitutions have been amended around 7,000 times. States vary in their requirements for crafting amendments, with some requiring majority support and others supermajority support.
Six amendments proposed by Congress have not been ratified by the required number of states and are not part of the Constitution. Four of these amendments are still open and pending, while the other two have failed by their own terms or the terms of the proposing resolution.
