Eleanor Finch
The Constitution of the United States has been amended only 27 times since it was drafted in 1787, and the process of proposing a constitutional amendment is a difficult and time-consuming one. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process of proposing and ratifying a constitutional amendment involves multiple steps and stakeholders, including Congress, the Archivist of the United States, the Director of the Federal Register, and the states.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | 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 |
| Amendment submission | In the form of a joint resolution |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Amendment certification | Formal proclamation by the Archivist of the United States |
| Amendment publication | In the Federal Register and U.S. Statutes at Large |
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What You'll Learn
The proposal must be a major change affecting all Americans
When writing a constitutional amendment proposal, it is essential to remember that it must be a significant change that impacts all Americans. This means that the proposal should not be a minor alteration or a change that only affects a specific group of people or a particular state. The amendment should be broad in scope and address issues that cut across geographical, cultural, and social boundaries.
One way to ensure that your proposal meets this criterion is to focus on fundamental rights and liberties that are universally applicable. For example, amendments that guarantee equal protection under the law, due process, freedom of speech, or the right to privacy are likely to have a nationwide impact. These rights are inherent to all Americans, regardless of their background or location, and changing how they are protected or interpreted would have far-reaching implications.
Additionally, you could consider proposing changes to the structure and powers of the federal government. Amendments that alter the balance of power between the branches of government or that redefine the federal government's relationship with the states can also be considered major changes affecting all Americans. For instance, proposals that seek to limit the federal government's power to regulate commerce or that grant additional powers to state legislatures would have a significant impact on how the country is governed.
It is also important to keep in mind that the amendment process itself is deliberately challenging, requiring supermajority support in Congress or state legislatures. This is to ensure that any changes made to the Constitution are carefully considered and have broad support from the American people. As such, when drafting your proposal, it is crucial to consider the potential impact on different stakeholders and anticipate any concerns or objections that may arise.
Overall, when writing a constitutional amendment proposal that aims to bring about a major change affecting all Americans, focus on broad, cross-cutting issues that impact the fundamental rights, liberties, and governance of the country. By doing so, your proposal is more likely to meet the high bar set for amending the Constitution and bring about meaningful change that resonates with a wide array of Americans.
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Two-thirds of both Houses must deem it necessary
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, also known as having two-thirds of both Houses deem it necessary. This process has been followed to propose thirty-three constitutional amendments.
To achieve this, a joint resolution is proposed by Congress. This does not require the involvement of the President, and the joint resolution is not sent to the White House for signature or approval. Instead, the original document is sent 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 this 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 copies in slip law format.
Once the proposed amendment is received by the OFR, it is then submitted to the States for their consideration. The OFR sends a letter of notification to each Governor along with the informational material. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. It is important to note that some State legislatures have taken action on a proposed amendment without waiting to receive official notification.
For a proposed amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). When the OFR verifies that the required number of authenticated ratification documents has been received, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification serves as official notice to Congress and the nation that the amendment process has been completed.
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Two-thirds majority in both the House and Senate
The process of amending the Constitution of the United States is derived from Article V of the Constitution. Amendments to the Constitution can be proposed in two ways: a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the State legislatures.
The first method, a two-thirds majority vote in both the House and the Senate, is often referred to as a supermajority. This term refers to the requirement for a greater level of support than a simple majority, which is typically a 50%+1 vote. In the context of the United States Congress, a supermajority vote means a two-thirds majority of each body, namely the House of Representatives and the Senate. This vote must be among the members present, assuming a quorum is present, rather than a two-thirds majority of the entire membership.
To achieve a two-thirds majority in both the House and the Senate, it is essential to build consensus and secure support from a substantial number of members in both chambers. This may involve extensive discussions, negotiations, and compromise to find common ground and address any concerns or objections raised by members. It is worth noting that, historically, at least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved due to the lack of a two-thirds majority in each house.
Once a two-thirds majority is achieved in both chambers, the proposed amendment is then forwarded 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 this process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR prepares informational materials and packages for the States, which include formal "red-line" copies of the joint resolution and other relevant documents.
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Ratification by three-fourths of the States
Once an amendment is proposed by Congress, 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 for their consideration by sending a letter of notification to each Governor, along with informational material.
The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. It is important to note that some States have taken action on a proposed amendment without waiting to receive official notification. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register for examination and authentication.
Once the OFR, which is part of NARA, verifies that it has received the required number of authenticated ratification documents (currently 38 out of 50 States), 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 then 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 Archivist's role in the process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in the constitutional amendment proposal process. The Archivist is responsible for administering the ratification process after Congress proposes an amendment. While the Archivist has delegated many of the day-to-day duties to the Director of the Federal Register, they still play a vital oversight role in the process.
Firstly, the Archivist submits the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with the 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.
Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. This copy is immediately conveyed to the Director of the Federal Register, who 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 of them.
The OFR verifies the receipt of the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then 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.
In summary, the Archivist of the United States plays a vital role in the constitutional amendment proposal process by administering the ratification process, submitting proposed amendments to the States, receiving and authenticating ratification documents, and certifying the validity of the amendment. This role ensures the integrity and finality of the constitutional amendment process.
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Frequently asked questions
The first step is to propose an amendment. This can be done 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 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 for their consideration by sending a letter of notification to each Governor along with the informational material.
A proposal becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). When the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid.
