Omar Bennett
The process of amending the US Constitution is a complex and lengthy one. The Constitution has been amended only 27 times since 1787, and there are two ways to propose an amendment. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures (34 out of 50) can request that Congress call a constitutional convention to propose amendments. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be a challenging process, as seen with the ERA Amendment, which did not pass the required majority in the 1980s.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution | 27 |
| Amendments proposed by constitutional convention | 0 |
| Amendments proposed by Congress | 33 |
| Amendments ratified | 27 |
| Ratification time limit | 7 years |
| Number of proposals to amend the Constitution | 10,000+ |
| Number of states required to ratify an amendment | 38 |
| Number of state legislatures that can call for a constitutional convention | 34 |
| Authority to amend the Constitution | Article V of the Constitution |
| Administrator of the ratification process | Archivist of the United States |
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What You'll Learn
The two ways to propose an amendment
The US Constitution provides two methods for proposing amendments, as outlined in Article V. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, also known as Congress. This process bypasses the President, as the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures (34 out of 50). This convention proposes amendments, which become law only after ratification by three-fourths of the states (38 out of 50). While this method has never been used at the federal level, there have been over 600 state constitutional conventions. The convention method provides an alternative pathway for proposing amendments, ensuring that the national legislature cannot obstruct necessary changes.
Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified. The Archivist of the United States, who heads the NARA, administers the ratification process. The Archivist submits the proposed amendment to the states 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 call for a convention, as specified by Congress.
To become part of the Constitution, the amendment must be ratified by three-fourths of the states (38 out of 50). When the OFR verifies the required number of authenticated ratification documents, it 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 amendment process is intentionally challenging, as the framers wanted to ensure the durability of the Constitution. As a result, the Constitution has been amended only 27 times since 1787, and the process is both difficult and time-consuming.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives, including the administration of the preservation of government records and making them available to the public. This includes original documents such as the Declaration of Independence, the Constitution, and the Bill of Rights.
In the context of proposing a new US Constitution Amendment, the Archivist of the United States plays a crucial role in the process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. 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 Office of the Federal Register (OFR). The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
Once 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 ratification documents for facial legal sufficiency and authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
When the OFR verifies that it has received the required number of authenticated ratification documents (from three-quarters of the States, or 38 out of 50), 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.
The Archivist of the United States also has duties concerning the custody of Electoral College documents in US presidential elections, such as certificates of ascertainment declaring the names of presidential electors and certificates of vote produced by the electors.
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Ratification by state legislatures
The process of proposing a new amendment to the US Constitution and its subsequent ratification by state legislatures is a well-defined procedure.
The US Constitution grants the authority to propose amendments to Congress, requiring a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose amendments. Once an amendment is proposed, it is sent to the states for their consideration.
The process of ratification by state legislatures is as follows:
- The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states by sending a letter of notification to each state governor, along with informational material.
- The governors then formally submit the amendment to their respective state legislatures. At this stage, some state legislatures may choose to take immediate action without waiting for official notification.
- When a state legislature ratifies the proposed amendment, it sends an original or certified copy of the state's action to the Archivist, who then forwards it to the Director of the Federal Register for examination.
- The Director of the Federal Register examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
- For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). Once the required number of authenticated ratification documents is received by the Director of the Federal Register, a formal proclamation is drafted 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.
It is important to note that the term "legislatures" in this context refers to deliberative, representative bodies and does not include popular referendums. Additionally, Congress may set a reasonable time limit for ratification, typically seven years, for an amendment to remain valid.
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The role of the President in the process
The US Constitution does not outline a specific role for the President in the process of amending the Constitution. The President does not have a constitutional role in the amendment process, and the joint resolution proposing an amendment does not require their signature or approval. The President cannot veto a proposed amendment.
Historically, 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 1920, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, although he was advised that his signature was unnecessary.
The process of proposing an amendment typically begins with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can apply for a constitutional convention to propose amendments. After an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states, and each state legislature votes on whether to ratify the amendment. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
While the President does not have a formal role in proposing or ratifying amendments, they can influence the process through their political power and relationship with Congress. They may advocate for or against specific amendments, use their bully pulpit to shape public opinion, and work with Congress to advance or obstruct amendments that align with their political agenda.
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The number of amendments proposed and ratified
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment can be proposed by 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 is sent to the states for their consideration. 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). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
Historically, the number of amendments proposed and ratified has varied. The first Congress of the United States proposed 12 amendments on September 25, 1789, known as the Bill of Rights. Of these 12 proposed amendments, 10 were ratified on December 15, 1791, and form the Bill of Rights.
Since then, numerous amendments have been proposed and ratified over time. For example, Amendment XI was passed by Congress on March 4, 1794, and ratified on February 7, 1795. The 26th amendment was originally proposed on September 25, 1789 and was ratified on May 7, 1992.
It is worth noting that not all proposed amendments are successful. There have been instances where amendments have been proposed but not ratified by the required number of states.
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Frequently asked questions
The US Constitution provides two methods to propose a new amendment. The first method is to have a two-thirds majority vote in both the House of Representatives and the Senate. The second method is to have a constitutional convention called for by two-thirds of the State legislatures (34 out of 50). Once proposed, the amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
The framers of the Constitution made it a challenging task to ensure its longevity. Since 1787, the Constitution has only been amended 27 times, with the first 10 amendments being adopted as the Bill of Rights. The high bar for amendments ensures that only significant changes affecting all Americans or securing citizens' rights are made.
The Archivist of the United States is responsible for administering the ratification process. They submit the proposed amendment to the States for consideration and, upon receiving the required number of authenticated ratification documents, draft a formal proclamation to certify that the amendment is valid and has become part of the Constitution.
