Omar Bennett
The process of amending the US Constitution is a complex and lengthy one, and it has only been amended 27 times since 1787. The Constitution can only be changed through the amendment process, and this process is governed by Article V of the Constitution. 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This can be done through state legislatures or ratifying conventions. The process is designed to be difficult to ensure stability and create lasting change. Given the challenges inherent in the amendment process, encouraging its initiation and successful completion requires a strong rationale, broad support, and sustained advocacy.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment? | 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 |
| What is the process after an amendment is proposed? | The joint resolution proposing an amendment is sent 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. |
| What is required for an amendment to become part of the Constitution? | Ratification by three-fourths of the States (38 of 50 States). |
| Who certifies that an amendment is valid and has become part of the Constitution? | The Archivist of the United States |
| Who does not have a role in the amendment process? | The President |
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What You'll Learn
Understand the Constitution amendment process
The Constitution has been amended only 27 times since 1787, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution outlines two methods for proposing amendments:
- The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, resulting in a joint resolution. The President does not have a constitutional role in this process, and the resolution is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
- The second method has never been used; it involves two-thirds of state legislatures requesting Congress to call a Constitutional Convention to propose amendments.
After an amendment is proposed, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs, including delegating duties to the Director. The OFR plays a crucial role by adding legislative history notes, publishing the resolution in slip law format, and assembling information packages for the states.
A proposed amendment becomes part of the Constitution once ratified by three-fourths of the states (38 out of 50). The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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 signing of the certification has become a ceremonial function attended by dignitaries, including the President in some cases.
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Identify key steps in the process
The process of amending the US Constitution is outlined in Article V of the Constitution. Here are the key steps in this process:
Proposal of Amendment
The process begins with the proposal of an amendment. This can be done through one of two methods, as outlined in Article V. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which does not require the approval of the President. The second method is for two-thirds of the state legislatures to call for a constitutional convention to propose an amendment. However, this method has never been used for any of the amendments to the Constitution.
Ratification
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress. The first is for the amendment to be ratified by the legislatures of three-quarters of the states (38 out of 50 states). The second method, which has only been used once in history for the 1933 ratification of the Twenty-First Amendment, is for the amendment to be ratified by ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
Certification
Once the necessary number of states has 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. The signing of the certification has become a ceremonial function attended by dignitaries, including, on some occasions, the President.
It is important to note that the process of amending the Constitution is deliberately designed to be difficult and time-consuming. The Framers of the Constitution intended for the amendment process to be lengthy and complicated to promote stability in the country. As a result, constitutional amendments are rare, and only 27 amendments have been made to the Constitution since it was drafted in 1787.
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Know the role of Congress
The role of Congress in amending the Constitution is significant, and it involves two key steps: proposing and passing amendments.
Proposing Amendments
Congress initiates the amendment process by proposing an amendment with a two-thirds majority vote in both the House and the Senate. This means that at least 290 members of the House and 67 members of the Senate must agree on the proposed amendment. This process is outlined in Article V of the Constitution. Congress has used this procedure to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states.
Alternative Proposal Method
Alternatively, if two-thirds of state legislatures request it, Congress can call for a national constitutional convention where amendments can be proposed. However, this method has never been utilized to propose an amendment.
Passing Amendments
Once Congress has proposed an amendment, it is sent to the states for ratification. Here, the amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This step ensures broad support for amendments and highlights the federal structure of the US government. The process of amending the Constitution is deliberately challenging to ensure that only widely supported amendments are enacted.
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Understand the ratification process
Understanding the ratification process is key to encouraging an amendment to the Constitution. The Constitution has been amended only 27 times since 1787, and the process is deliberately difficult. The Framers wanted to ensure stability in the United States, and so any changes to the Constitution are significant, difficult, and usually permanent.
Article V of the Constitution outlines the procedure for altering the Constitution. 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 state legislatures. The President does not have a constitutional role in the amendment process, and the joint resolution does not require presidential approval.
Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist officially notifies each state's Governor of the proposed amendment, and the Governor then submits the amendment to their state's legislature or a ratifying convention. To become part of the Constitution, an amendment must be ratified by three-quarters of the states, either in their statehouses or at a special convention. This means 38 out of 50 states must approve the amendment.
The OFR verifies that it has received the required number of authenticated ratification documents, and then a formal proclamation is drafted 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 certification has become a ceremonial function attended by dignitaries, including, on occasion, the President.
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Learn from past amendments
Learning from past amendments is a crucial step in encouraging the process of amending the Constitution. Here are some key lessons and insights from the history of constitutional amendments in the United States:
Understanding the Amendment Process
The process of amending the Constitution is complex and time-consuming. A proposed amendment must clear multiple hurdles to become part of the Constitution. Firstly, it must be passed by a two-thirds majority in both the House of Representatives and the Senate (or be proposed by a constitutional convention called for by two-thirds of state legislatures, although this has never occurred). Subsequently, the amendment must be ratified by three-fourths of the states (38 out of 50 states). Understanding these requirements is essential for anyone seeking to encourage constitutional amendments.
Impact and Significance
Past amendments offer valuable insights into the types of proposals that gain traction. Successful amendments address issues of significant impact, affecting a broad segment of the population or securing the rights of citizens. For instance, the 19th Amendment, which granted women the right to vote, and the 26th Amendment, which lowered the minimum voting age to 18, had a profound impact on expanding voting rights. Identifying and focusing on issues with similar broad implications can help build support for potential amendments.
Learning from Failed Attempts
Studying failed amendment attempts provides valuable lessons on navigating the challenges of the amendment process. For example, the ERA Amendment, which aimed to guarantee equal rights for women, did not pass the necessary majority of state legislatures in the 1980s. Understanding the obstacles faced by this amendment can inform strategies for future efforts to address similar issues.
Political and Social Context
The political and social climate plays a significant role in the success or failure of constitutional amendments. For instance, the Prohibition Amendment, which banned the sale and manufacture of alcohol, was later repealed due to changing societal attitudes and the recognition that political fixes may not belong in the Constitution. Understanding the broader context and public sentiment is crucial for encouraging amendments that align with the prevailing social and political landscape.
Grassroots Organizing and Advocacy
The history of amendments, such as the 19th Amendment, showcases the power of grassroots organizing and advocacy. The women's suffrage movement, which included demonstrations and strategic actions across the country, played a pivotal role in securing the right to vote for women. Learning from these past campaigns can provide valuable insights into effective organizing and advocacy strategies for future amendments.
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Frequently asked questions
The process of amending the constitution is outlined in Article V of the Constitution. 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
The Framers, the men who wrote the Constitution, intentionally made the amendment process difficult to promote stability in the country. As a result, constitutional amendments are rare, with only 27 amendments made since the Constitution was drafted in 1787.
Amendments are typically reserved for changes or clarifications to the Constitution that have a major impact on all Americans or secure the rights of citizens. For example, amendments have been used to give women the right to vote, abolish poll taxes, and lower the minimum voting age.
The President does not have a constitutional role in the amendment process, and proposed amendments do not require presidential approval. Once an amendment is ratified, the signing of the certification has become a ceremonial function that may be attended by the President.
Citizens can advocate for constitutional amendments as a way to create lasting change. Additionally, two-thirds of state legislatures can call for a constitutional convention to propose amendments, which has yet to occur.
