Malcolm Rivera
The United States Constitution derives its authority to be amended from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming, as it was written to endure for ages to come. 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 proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). This process ensures that any changes made to the Constitution are carefully considered and have a significant impact on the country and its citizens.
| 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 |
| Congress proposes | In the form of a joint resolution |
| President's role | No constitutional role in the amendment process |
| Ratification process | Administered by the Archivist of the United States, with many duties delegated to the Director of the Federal Register |
| State legislatures | Can call for a convention or formally submit the amendment to their State legislatures, depending on Congress's specification |
| Amendment adoption | Requires ratification by three-fourths of the States (38 out of 50) |
| Certification | Signed by the Archivist or the President as a witness |
| Amendment impact | Must be of major impact affecting all Americans or securing the rights of citizens |
| Number of amendments | 27 amendments since 1787, with at least 11,000 proposals introduced but not approved |
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What You'll Learn
- Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
- Amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures
- A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States
- The Archivist of the United States administers the ratification process
- The President does not have a constitutional role in the amendment process
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
The process of proposing amendments to 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. This process has been used numerous times throughout history, with at least 11,000 proposals introduced in Congress, and 33 of these being sent to the states for potential ratification.
The two-thirds majority vote required for proposing an amendment refers to two-thirds of the members present in each house, assuming a quorum is present. This means that the vote requires the support of two-thirds of the members currently in attendance, rather than two-thirds of the entire membership, which could include members who are absent.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and other relevant documents.
After an amendment is proposed and processed, the next step is ratification. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). This can be achieved through the state legislatures or conventions in three-fourths of the states, depending on the mode of ratification proposed by Congress. The process of proposing and ratifying amendments to the Constitution is deliberately challenging, reflecting the framers' intention for the document to endure for ages.
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Amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a difficult and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures. This method, however, has never been used.
The process of proposing an amendment through a constitutional convention involves the following steps:
First, two-thirds of the State legislatures must apply to Congress for a convention to be called. This step has not been frequently pursued, and there is debate among scholars about the specifics of this process. Some commentators argue that states may determine the scope of the convention by applying for a convention on specific subjects or issues. On the other hand, some scholars argue that the text of the Constitution provides only for a general convention, not limited in scope to particular matters.
Once the application for a convention is made, Congress is expected to call for a convention for proposing amendments. However, there is a view that Congress might review applications for conformity with Article V and could potentially refuse to submit a proposed amendment.
After the convention is called, amendments proposed in the convention become valid and are considered part of the Constitution when ratified by three-fourths of the State legislatures or by conventions in three-fourths of the States.
It is important to note that the process of proposing amendments through a constitutional convention has not been utilised in the history of the United States. All 27 amendments to the Constitution have been proposed by Congress.
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A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by either Congress or a constitutional convention. If Congress proposes an amendment, it must be in the form of a joint resolution, with a two-thirds majority vote in both the House of Representatives and the Senate. It's important to note that the President does not have a constitutional role in this process.
Once an amendment is proposed, it is then considered by the States for ratification. This is where the key requirement comes into play: for an amendment to become part of the Constitution, it must be ratified by three-fourths of the States, which currently equates to 38 out of 50 States. This can be achieved through the State legislatures or conventions in three-fourths of the States, depending on the mode of ratification 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 is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register. The Office of the Federal Register (OFR) plays a crucial role in examining the ratification documents for their legal sufficiency and authenticity.
The OFR retains custody of the ratification documents until an amendment is either adopted or fails. Once an amendment is ratified by the required number of States, it officially becomes part of the Constitution. This process ensures that any changes made to the Constitution reflect the consensus of a significant majority of the States, protecting the enduring nature of the document.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of an amendment to the Constitution. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist has the duty to ensure that the constitutional amendment process is upheld with integrity and that any changes to the Constitution are carried out lawfully.
Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures, or a convention is called, 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. The OFR 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. The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). 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, serving as official notice to Congress and the Nation that the amendment process is complete.
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The President does not have a constitutional role in the amendment process
The process of proposing an amendment to the Constitution of the United States is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, and the framers made it challenging to amend the document on purpose. The authority to amend the Constitution comes from Article V of the Constitution, which outlines two methods for proposing amendments. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, a constitutional convention can be called for by two-thirds of the state legislatures. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified. Ratification can occur in two ways: by the legislatures of three-fourths of the states (38 out of 50 states) 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. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
It is important to note that the President does not have a constitutional role in the amendment process. When Congress proposes an amendment, it does so in the form of a joint resolution, which does not require the signature or approval of the President. Instead, the original document is sent directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the process by adding legislative history notes to the joint resolution, publishing it, and assembling an information package for the states.
While the President does not have a direct role in proposing or approving amendments, they may participate in ceremonial functions related to the amendment process. For example, President Johnson and President Nixon witnessed the certification of amendments as dignitaries. However, this is not a constitutional requirement, and the President's involvement is solely ceremonial and non-binding.
In conclusion, the President does not have a constitutional role in the amendment process to the Constitution. The authority to propose and ratify amendments rests with Congress and the states, respectively, with the administrative duties falling under the Archivist of the United States and the Director of the Federal Register. The amendment process is deliberately designed to be challenging, ensuring that any changes to the Constitution are carefully considered and widely supported.
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Frequently asked questions
Amendments to the US Constitution 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.
The proposed amendment is then sent to the states for ratification. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
Some proposed amendments include outlawing flag burning, voluntary school prayer, making English the official language, and abolishing the Electoral College.
