Isabella Carter
The process of amending the US Constitution is a complex and challenging task, with over 10,000 measures proposed in Congress and only 27 amendments successfully ratified since the Constitution was drafted in 1787. Article Five of the Constitution outlines two methods for initiating amendments: firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate; secondly, two-thirds of state legislatures can request Congress to call a convention for proposing amendments. The proposed amendment must then be ratified, either by legislatures of three-quarters of the states or by conventions in three-quarters of the states. This process ensures that any changes to the Constitution are carefully considered and have a significant impact on the nation.
| Characteristics | Values |
|---|---|
| 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 proposal? | Ratification by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. |
| Who can ratify an amendment? | The vote of each state (to ratify or reject) carries equal weight, regardless of the state's population or length of time in the Union. |
| What is the role of the President? | The President does not have a constitutional role in the amendment process. However, in recent history, the President has witnessed the signing of the certification of an amendment. |
| What is the role of the Archivist? | 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. |
| What is the role of the Director of the Federal Register? | The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, they acknowledge and maintain custody of them. |
| What is the role of the OFR? | The OFR drafts a formal proclamation for the Archivist to certify the amendment. It also assembles an information package for the States, including formal "red-line" copies of the joint resolution. |
| What is the role of the States? | States generate more than 80% of constitutional amendments considered and approved annually. They vary in their requirements, with some needing a majority of legislators and others requiring supermajority legislative support. |
| What are the paths to legislative approval? | Approval by a majority vote in a single session (available in 10 states) or a higher threshold with supermajority legislative vote in a single session (25 states). |
| How do states ratify amendments? | Four states require amendments to be approved by a majority of voters in the entire election. Seventeen states provide a path via citizen-initiative processes. |
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What You'll Learn
- Amendments must be proposed by Congress with a two-thirds majority in both the House and Senate
- Alternatively, two-thirds of state legislatures can request a convention to propose amendments
- Amendments become part of the Constitution when ratified by three-quarters of state legislatures
- Ratification can also occur via ratifying conventions in three-quarters of states
- Citizen-initiated amendments can be ratified by a simple majority of voters in most states
Amendments must be proposed by Congress with a two-thirds majority in both the House and Senate
The process of amending the United States Constitution is outlined in Article Five, which provides two methods for proposing amendments. The first method, which has been utilised for all 27 amendments, involves the Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This process ensures that any amendment proposal gains significant support in the national legislature before advancing further.
To achieve a two-thirds majority in both chambers, an amendment must garner broad bipartisan support, as it requires the backing of members from both major political parties. This high threshold helps to ensure that amendments are carefully considered and have a strong consensus behind them. It also reflects the framers' intention to make amending the Constitution a challenging endeavour, recognising that constitutional changes should be enduring and not easily undone.
Once an amendment is proposed by Congress with the requisite two-thirds majority, it 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 plays a crucial role in the amendment process, adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR assembles an information package for the states, providing them with the necessary documentation to consider the proposed amendment.
The role of Congress in proposing amendments through a two-thirds majority vote in both houses is a critical step in the amendment process. It ensures that any changes to the Constitution are initiated by a substantial portion of the national legislature, reflecting a strong degree of agreement on the need for the amendment. This process also highlights the importance of legislative consensus and collaboration in shaping the nation's fundamental laws.
It is worth noting that, while Congress has proposed 33 amendments with a two-thirds majority, only 27 of these have been successfully ratified and incorporated into the Constitution. This further underscores the rigorous nature of the amendment process, where even with substantial congressional support, an amendment must still navigate the ratification process and gain approval from a significant number of states to become part of the Constitution. The two-thirds majority requirement in both the House and Senate serves as a crucial gatekeeping step in this rigorous process.
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Alternatively, two-thirds of state legislatures can request a convention to propose amendments
The United States Constitution has been amended only 27 times since it was drafted in 1787, and the process of proposing and ratifying amendments is a difficult task by design. Article Five of the United States Constitution outlines two methods for proposing amendments: the first method authorises Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate, while the second method allows for a convention to propose amendments at the request of two-thirds of state legislatures (34 as of 1959).
This second method for proposing constitutional amendments is a compromise between two groups with differing views on the role of the national legislature in the amendment process. One group believed that the national legislature should have no role, while the other contended that proposals should originate in the national legislature and be ratified by state legislatures or conventions.
State legislatures generate more than 80% of constitutional amendments considered and approved annually, and the requirements for legislatures to craft amendments vary by state. Some states require amendments to secure the backing of a majority of legislators, while others mandate supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others demand two consecutive sessions.
To date, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once a convention is called, the amendment proposal and ratification process mirrors that of a Congress-proposed amendment. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. This ratification process is not bound by a deadline, although most amendments proposed since 1917 have included one.
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Amendments become part of the Constitution when ratified by three-quarters of state legislatures
The process of amending the United States Constitution is outlined in Article Five, which provides two methods for proposing amendments and two methods for ratifying them. Amendments may be 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.
Once an amendment is proposed, it must be ratified to become part of the Constitution. The first method of ratification requires approval from three-quarters (38 out of 50) of the state legislatures. The second method, which has only been used once in history for the 1933 ratification of the Twenty-First Amendment, involves ratifying conventions in three-quarters of the states.
The process of ratifying an amendment can vary among the states. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions.
To date, 33 amendments have been approved by Congress and sent to the states for ratification. Of these, 27 have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously.
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Ratification can also occur via ratifying conventions in three-quarters of states
Ratification is the process of officially approving and enacting a proposed amendment to the United States Constitution. This can be done in two ways: via the legislatures of three-quarters of US states (38 out of 50 states), or through ratifying conventions in three-quarters of US states.
The latter method, involving ratifying conventions, has only been used once in US history for the Twenty-First Amendment's ratification in 1933. This process is outlined in Article Five of the US Constitution, which also states that Congress decides which mode of ratification will be used.
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually across the country. The requirements for legislatures to craft amendments vary by state. Some states require amendments to secure the support of a simple majority of legislators, while others mandate supermajority legislative backing.
Additionally, some states demand legislative support to be expressed in a single session, while others require it in two consecutive sessions. The simplest route for an amendment's legislative approval is through endorsement by a majority vote in a single session, which is possible in ten states. Twenty-five states, on the other hand, set a higher threshold by mandating a supermajority legislative vote in a single session, with nine of these states requiring a three-fifths vote and the remaining sixteen necessitating a two-thirds vote.
In conclusion, while the ratification of constitutional amendments typically occurs through state legislatures, the option for ratifying conventions in three-quarters of states exists as an alternative method outlined in Article Five. This rare process highlights the importance of achieving the required level of support across a significant number of states for an amendment to become part of the US Constitution.
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Citizen-initiated amendments can be ratified by a simple majority of voters in most states
The process of amending the United States Constitution is outlined in Article Five, which offers two methods for proposing amendments and two methods for ratifying them. Citizen-initiated amendments, which are permitted in seventeen states, are one of the ways to propose amendments. Once citizen-initiated amendments qualify for the ballot, they are generally ratified in the same way as legislature-referred amendments, by a simple majority of voters in most states.
A simple majority legislative vote is the easiest route to legislative approval of amendments and is available in 10 states. In contrast, 25 states set a higher threshold by requiring supermajority legislative support for amendments.
While most states require a simple majority of voters to ratify citizen-initiated amendments, some states, known as supermajority states, have higher thresholds. Nevada, for example, requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections.
The requirements for citizen-initiated amendments vary across the seventeen states that permit them. Most states require supporters of an amendment to collect signatures equal to a certain percentage of the votes cast in the last gubernatorial election. The number of signatures required ranges from 3% in Massachusetts to 15% in Arizona and Oklahoma. Just over half of the states with citizen-initiated amendment processes also require signatures to be collected from a certain percentage of registered voters in each state senate district.
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Frequently asked questions
The first step in starting a constitutional amendment is to propose an amendment. This can be done either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures.
The second step is ratification. To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states.
Thirty-three amendments to the United States Constitution have been approved by Congress and sent to the states for ratification.
Twenty-seven amendments have been ratified and are now part of the Constitution.
