Simone Lawson
The process of amending the Constitution of the United States is a complex and time-consuming endeavour. The Constitution provides two methods for proposing amendments: through Congress or a constitutional convention. While all amendments have been proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, a constitutional convention can be called by two-thirds of state legislatures. This convention method has never been used but remains relevant as it bypasses the federal government, addressing concerns of federal government abuses. The proposed amendment, whether through Congress or a convention, must then be ratified by three-fourths of the states to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of the State legislatures |
| Amendment submission | Governors submit the amendment to their State legislatures or call for a convention as specified by Congress |
| Amendment ratification | Ratified by three-fourths of the States (38 out of 50) |
| Amendment certification | Formal proclamation by the Archivist of the United States |
| Amendment process concerns | Potential for an Article V convention to become a "runaway convention" exceeding its scope |
| Number of constitutional conventions | Over 600 state constitutional conventions held to amend state constitutions |
| Federal constitutional conventions | None since the original convention |
| State-level constitutional conventions | More than 230 constitutional conventions assembled in the United States |
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What You'll Learn
The amendment process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is deliberately difficult and time-consuming. Amending the Constitution requires a proposal, followed by ratification.
A proposal to amend the Constitution can be made by either Congress or a constitutional convention. For Congress to propose an amendment, two-thirds of both the House of Representatives and the Senate must vote for it. A constitutional convention can be called for by two-thirds of state legislatures. To date, no constitutional convention has been called for, and all amendments have been proposed by Congress.
Once a proposal has been made, it must be ratified. Ratification can occur in one of two ways, as determined by Congress. The first method is for the state legislatures of three-quarters of states (38 out of 50) to ratify the amendment. The second method is for ratification to occur through conventions in three-quarters of states. In practice, all amendments except the Twenty-First Amendment have been ratified by state legislatures.
The Archivist of the United States is responsible for administering the ratification process. Once the required number of ratification documents has been received by the OFR, a formal proclamation is drafted 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.
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Article V convention
Article V of the U.S. Constitution outlines the process for amending the Constitution. It establishes two methods for proposing amendments: the first method, which has been used for all 27 amendments so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. This process does not involve the President, and the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, is through an Article V Convention. This method can be initiated by two-thirds of the state legislatures applying to Congress for a convention to propose amendments. There is debate around whether such a convention could be limited to a single issue or if it would have the power to propose any amendments it sees fit. If a convention did attempt to exceed its scope, none of its proposed amendments would become part of the Constitution unless three-fourths of the states ratified them, which is more than the number of states required to call the convention.
The process of ratifying amendments is determined by Congress. Amendments can be ratified by state legislatures or by conventions, with three-fourths of the states needing to ratify for an amendment to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process, and the Office of the Federal Register (OFR) examines ratification documents for authenticity and legal sufficiency. Once the required number of ratification documents is verified, the Archivist certifies that the amendment is valid and has become part of the Constitution.
In summary, while an Article V Convention has never been used to propose amendments to the U.S. Constitution, it is a valid method outlined in Article V. The potential for a "runaway convention" that exceeds its scope is a concern, but the high threshold for states to ratify amendments provides a safeguard against this outcome.
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Congress's control
The process of amending the Constitution of the United States is laid down in Article V of the Constitution. The Constitution provides two methods for proposing amendments: the congressional proposal method and the convention method.
The congressional proposal method has been used to enact all of the existing amendments. In this method, two-thirds of each House of Congress must propose an amendment, and then three-quarters of the states must ratify it before it is added to the Constitution. This means that a small minority of the country can prevent an amendment from being added.
The convention method, on the other hand, has never been used to propose an amendment. This method allows two-thirds of the state legislatures to apply for Congress to call a convention to propose amendments. The convention can propose amendments regardless of whether Congress approves of them or not. However, for an amendment proposed by a convention to become part of the Constitution, it must still be ratified by three-quarters of the states, just as with an amendment proposed by Congress.
There are several debates and questions surrounding the convention method and Congress's control over it. One concern is whether an Article V convention could become a "runaway convention" that attempts to exceed its scope. While some argue that states may determine the scope of an Article V convention by applying for a convention on a specific subject or group of subjects, others contend that the text of the Constitution only provides for a general convention, not limited in scope.
Another issue is the level of Congress's control over the convention process. Scholars have debated how delegates to the convention should be chosen, whether Congress, state legislatures, or the delegates should set the rules of procedure, the vote threshold required to propose an amendment, and how voting rights on a proposed amendment should be apportioned among the states.
In conclusion, while the congressional proposal method is the more commonly used process for amending the Constitution, the convention method provides an alternative route that bypasses the federal government. However, the convention method has never been utilised, and there are ongoing discussions about Congress's control over the process and its potential limitations.
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State application process
The state application process for proposing amendments to the United States Constitution is outlined in Article V of the Constitution. This process allows states to bypass Congress and propose amendments directly through a constitutional convention. However, it is important to note that despite calls for a convention, no amendment to the Constitution has ever been proposed through this method.
To initiate the state application process, two-thirds of state legislatures (34 out of 50 states) must submit applications to Congress requesting a constitutional convention. This threshold ensures that a significant portion of the country supports the proposed amendment. The applications from the states can address specific subjects or propose unlimited conventions, which has been a topic of debate among legal scholars and commentators. Some argue that states can determine the scope of the convention by applying for a convention on a specific subject or group of subjects, while others interpret the Constitution as only providing for a general convention without limiting the scope to a particular matter.
Once Congress receives the applications from the required number of states, it is obligated to call for a constitutional convention. The convention then proposes amendments, which are sent to the states for ratification. It is important to note that the convention's proposals do not require Congress's approval. The ratification process can occur through state legislatures or state ratification conventions, with the latter being a less common method used only once for the Twenty-First Amendment.
To become part of the Constitution, three-fourths of the states (38 out of 50 states) must ratify the proposed amendment. This ratification process ensures that any changes to the Constitution reflect the will of a significant majority of the country. It is worth mentioning that there have been instances where states sent official documents to record the rejection of an amendment or the rescission of a prior ratification.
The state application process for proposing amendments provides a mechanism for states to initiate changes to the Constitution without relying solely on Congress. However, the process has never been utilised to propose an amendment, and there remain unresolved questions and debates surrounding the specifics of the process, including the determination of subject matter and the potential for "`runaway conventions` that exceed their intended scope."
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Ratification process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides two methods for proposing amendments: the congressional proposal method and the convention method.
The Congressional Proposal Method
The first method involves Congress proposing an amendment, which must be passed by two-thirds of both houses of Congress. Following this, the amendment is sent to the states for ratification. Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. This process is facilitated by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), and the Director of the Federal Register.
The Convention Method
The second method, which has never been used, involves two-thirds of state legislatures applying to Congress to call a convention for proposing amendments. There are debates and uncertainties surrounding the convention method, including the scope of the convention, the selection of delegates, and the voting process. While some argue that states can determine the scope of the convention by applying for a convention on specific subjects, others contend that the Constitution only provides for a general convention without limitations.
Once an amendment is proposed through the convention method, it must still be ratified by three-quarters of the states, either through their state legislatures or by conventions.
In summary, while a constitutional convention is not required to add an amendment, it is an option provided by Article V of the Constitution. However, the congressional proposal method has been the sole avenue for proposing amendments thus far, and the convention method has never been utilised.
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Frequently asked questions
A constitutional convention is a gathering that proposes amendments to the United States Constitution. The convention method of proposing amendments has never been used.
Two-thirds of state legislatures must request a constitutional convention. This has never happened.
The alternative is the congressional proposal method, where two-thirds of both houses of Congress propose an amendment.
The amendment is sent to the states for ratification. Three-quarters of the states must ratify the amendment for it to become part of the Constitution.
