Eleanor Finch
The process of amending a constitution is a formal procedure that varies across jurisdictions. In the United States, the Constitution has been amended 27 times since 1787, with amendments proposed either by Congress with a two-thirds majority vote in both houses or by a constitutional convention called for by two-thirds of state legislatures. The proposed amendment is then ratified by three-fourths of the states to become part of the Constitution. This process is challenging and time-consuming, ensuring the longevity of the Constitution. Other countries like Ireland, Estonia, and Australia follow different procedures, with amendments originating as bills and becoming law through acts of parliament or referendums.
| Characteristics | Values |
|---|---|
| Difficulty | Very difficult and time-consuming |
| Number of Amendments | 27 since 1787 |
| Amendment Process | 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 state legislatures |
| Ratification | Requires ratification by three-fourths of the states (38 of 50) |
| Time Limit | No official deadline, but most amendments since 1917 have included a deadline |
| State Legislatures | Generate more than 80% of amendments approved annually; requirements vary by state |
| Citizen-Initiated Amendments | Available in 17 states and must be ratified by voters |
| Signature Requirements | Vary by state, with Arizona and Oklahoma requiring the most signatures |
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What You'll Learn
Proposing an amendment
The process of amending the U.S. Constitution is deliberately designed to be challenging. Since 1787, the Constitution has been amended only 27 times, with none of the amendments being proposed by constitutional convention. The U.S. Constitution can be amended in two ways.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, with the proposal taking the form of a joint resolution. This joint resolution does not require the signature or approval of the President. The original document is then forwarded to the National Archives and Records Administration (NARA) 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 second method involves two-thirds of state legislatures calling on Congress to organise a constitutional convention for proposing amendments. This method has never been used. Once an amendment has been proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process, although many duties have been delegated to the Director of the Federal Register.
State constitutions, in contrast to the federal Constitution, are amended regularly. State legislatures generate more than 80% of constitutional amendments, with varying requirements for legislatures to craft amendments. Some states require majority support, while others demand supermajority support. Additionally, some states require support to be expressed in a single session, while others mandate two consecutive sessions. The easiest route to legislative approval is through majority vote in a single session, available in 10 states. Twenty-five states require a higher threshold, with 16 demanding a two-thirds vote.
Some states, such as Hawaii, Minnesota, Tennessee, and Wyoming, require amendments to be approved by a majority of voters in the entire election. Seventeen states also allow for citizen-initiative processes, where amendments are proposed and enacted through popular initiatives.
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Ratification process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states (38 out of 50).
The first step in the ratification process is for Congress to propose an amendment in the form of a joint resolution. The original document 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 and publishes it in slip law format. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
Once the states receive the information package from the OFR, the process may vary depending on each state's specific procedures. In some states, the governor formally submits the amendment to the state legislature, while in others, the state calls for a convention. 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 OFR plays a crucial role in the ratification process by examining 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 until an amendment is adopted or fails. Once three-fourths of the states have ratified the amendment, 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 is complete.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Additionally, the Archivist does not make substantive determinations regarding the validity of state ratification actions, but their certification of facial legal sufficiency is final and conclusive.
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State legislatures
The authority to amend the U.S. Constitution is derived from Article V of the Constitution. The process of amending the Constitution is difficult and time-consuming. The Constitution provides that an amendment may be proposed either by Congress or by a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment has been proposed, either by Congress or a constitutional convention, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be done through the state legislatures or by conventions in three-fourths of the states, as specified by Congress.
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 Office of the Federal Register (OFR) within NARA examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the OFR retains them until the amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
In summary, while Congress has historically initiated the amendment process, state legislatures have the power to propose amendments by calling for a constitutional convention. State legislatures also play a vital role in ratifying amendments, and their actions are essential to the amendment process outlined in Article V of the Constitution.
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The role of the President
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.
However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment along with three young scholars.
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The amendment 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 only method for proposing amendments that has been used thus far. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. The original document is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, involves two-thirds of the state legislatures requesting Congress to call a Constitutional Convention to propose amendments.
Once an amendment has been proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. State legislatures can choose to ratify a proposed amendment or call for a convention. The Archivist of the United States is responsible for administering the ratification process, although they do not make any substantive determinations regarding the validity of state ratification actions.
The process of amending state constitutions varies across the country. Some states require majority support from legislators, while others demand supermajority legislative support. The easiest route to legislative approval is through a majority vote in a single session, which is possible in 10 states. Twenty-five states have a higher threshold, requiring supermajority legislative votes. Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. Seventeen states also allow for citizen-initiative processes, where amendments are enacted through procedures such as supermajorities in the legislature or direct approval by the electorate in a referendum.
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Frequently asked questions
An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose an amendment.
The proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of state legislatures.
The Archivist certifies 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.
There have been 27 amendments to the US Constitution since it was drafted in 1787, including the first 10 amendments, which were adopted as the Bill of Rights four years later.
