The Amendments' Challenge: Passing Constitutional Changes

The process of amending a constitution is a complex and challenging task, varying across different countries. In the United States, the Constitution has been amended only 27 times since 1787, with amendments requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states. Other countries, like Australia, Ireland, and South Africa, have their own unique procedures and requirements for constitutional amendments, often involving the legislature and electorate.

Explore related products

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$103.68 $150

Amendment XIV: Due Process (Constitutional Amendments)

$30.31

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate

The process of amending the United States 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. This procedure has been followed by Congress to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification.

To clarify, the two-thirds vote required to propose an amendment refers to two-thirds of the members present during the vote, assuming a quorum is met. This means that the vote requires the support of two-thirds of the members currently participating in the vote, rather than two-thirds of the entire membership of each house.

It is important to note that the President does not have a constitutional role in the amendment process. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The original document is not sent to the White House for signature or approval by the President.

The process of amending the Constitution is intentionally designed to be challenging. The framers of the Constitution intended for it to endure for ages, and as a result, the amendment process is deliberately stringent. Out of the thousands of proposals introduced in Congress, only a small fraction have received the required two-thirds majority vote in both houses to advance to the state ratification stage.

Amendments are sent to the states for ratification

The process of amending the Constitution of the United States is a complex and challenging task, as the framers intended when it was first written. Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed by Congress, it is sent to the states for ratification. This is where the state legislatures play a crucial role in the amendment process.

State legislatures have the power to pressure Congress into proposing a desired amendment by applying for a national convention. This involves a significant number of states agreeing on a specific amendment, which then forces Congress to consider it seriously. This strategy has been employed by states throughout history to influence Congress and shape the direction of potential amendments.

When an amendment is sent to the states for ratification, the process can vary. In some cases, the state legislatures themselves formally submit the amendment for ratification. On other occasions, the state may opt to call for a convention, depending on the instructions provided by Congress. It is worth noting that some states have taken action on a proposed amendment even before receiving official notice, demonstrating the proactive nature of their engagement in the process.

For an amendment to become an official part of the Constitution, it must be ratified by three-fourths of the states, which equates to 38 out of 50 states. Once a state ratifies the proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who oversees the ratification process. This copy is then conveyed to the Director of the Federal Register for further examination and safekeeping.

The process of amending the Constitution through the ratification of states is a meticulous and challenging endeavour. It requires significant coordination and agreement among a large number of states. The role of state legislatures in applying pressure on Congress through conventions is an important mechanism that has influenced the course of constitutional amendments throughout history.

Ratification requires three-quarters of the states to approve

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.

Amending the Constitution is a multi-step process. The first step is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second step is for the amendment to be ratified by three-quarters of the states, or 38 out of 50 states. This can be done through the state legislatures or through conventions in three-quarters of the states.

The ratification process is administered by 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. 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.

Once the OFR (Office of the Federal Register) receives 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 that the amendment process is complete.

Explore related products

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

The Liberty Amendments: Restoring the American Republic

$8.23 $26.99

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

American Constitutional Law: Introductory Essays and Selected Cases

$140

Weak viability: The Iraqi federal state and the constitutional amendment process

$9.99

State Constitutional Politics: Governing by Amendment in the American States

$11.99 $17.99

The Archivist of the United States administers the ratification process

The process of amending the US Constitution is not a simple task. The framers of the Constitution made it difficult to amend the document, and it has only been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. An amendment 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 the state legislatures.

Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, which includes formal copies of the joint resolution and the statutory procedure for ratification.

At this point, the Archivist of the United States, who heads NARA, takes over the process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each governor, along with the informational material prepared by the OFR. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register.

The OFR 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 until an amendment is adopted or fails. Once an amendment is adopted, 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 and serves as official notice to Congress and the nation that the amendment process is complete.

The Archivist of the United States is responsible for administering the ratification process and ensuring that any changes to the Constitution are carried out in accordance with the law. The Archivist does not make any substantive determinations as to the validity of state ratification actions but certifies the facial legal sufficiency of ratification documents. This certification is final and conclusive.

In addition to their role in the amendment process, the Archivist of the United States is appointed by the President and is responsible for safeguarding and making available for study all the permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights. The Archivist also has duties related to the custody of Electoral College documents and state ratifications of amendments to the Constitution.

The Archivist certifies that the amendment is valid and has become part of the Constitution

The process of amending the Constitution of the United States is a complex and challenging task, as the framers intended when it was first written. The Constitution has been amended only 27 times since 1787, and the process is outlined in Article V of the Constitution.

Once an amendment has been proposed, either by Congress or by a constitutional convention, and ratified by three-fourths of the States (38 out of 50), the Office of the Federal Register (OFR) verifies that it has received the required number of authenticated ratification documents. At this point, the OFR drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution.

The Archivist's role is to administer the ratification process and ensure its smooth execution. The Archivist does not make any substantive determinations regarding the validity of State ratification actions but focuses on the facial legal sufficiency of the ratification documents. This means that the Archivist examines the documents to ensure they meet the required legal standards and have authenticating signatures.

Once the Archivist is satisfied that all necessary requirements are met, they sign the certification, officially declaring the amendment valid and part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as an official notice to Congress and the nation that the amendment process is complete.

In recent times, the signing of the certification has taken on a ceremonial aspect, with various dignitaries, including the President, sometimes attending the event. This step concludes the process of amending the Constitution, demonstrating the importance and finality of the Archivist's certification.

Frequently asked questions