Malcolm Rivera
The United States Constitution has a two-step process for making amendments, as outlined in Article Five. The first step is the proposal, which can be made by Congress with a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by two-thirds of state legislatures. Once proposed, the amendment is sent to the states for ratification. For an amendment to be ratified, three-fourths of the states must approve it, either through their legislatures or state ratifying conventions. The Archivist of the United States is responsible for administering the ratification process, and upon completion, issues a certificate proclaiming the amendment as an operative part of the Constitution. This process has been used to amend the Constitution 27 times, with 33 amendments proposed since 1789. The first ten amendments, proposed in 1789 and ratified in 1791, are known as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Number of amendments proposed by the US Congress | 33 |
| Number of amendments ratified | 27 |
| First 10 amendments known as | Bill of Rights |
| 13th, 14th, and 15th amendments known as | Reconstruction Amendments |
| Number of amendments that failed | 1 |
| Number of amendments pending | 4 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | 11,848 (as of January 3, 2019) |
| Number of amendments that have been proposed by constitutional convention | 0 |
| Minimum number of states required to ratify an amendment | 38 |
| Number of amendments ratified through state ratifying conventions | 1 (21st Amendment) |
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What You'll Learn
The two-step process for amending the US Constitution
The US Constitution, Article V, outlines a two-step process for making changes to the nation's plan of government. This process involves proposing and ratifying amendments, ensuring a balance between the need for change and stability. Here is a detailed overview of the two-step process:
Step 1: Proposal
The first step involves proposing an amendment. There are two methods through which an amendment can be proposed:
- Congressional Proposal: The US Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is the method that has been used for all 27 amendments to the Constitution so far. The President does not play a role in this process.
- Constitutional Convention: Alternatively, a national or constitutional convention can be called upon the request of two-thirds of the state legislatures (34 since 1959). This method has never been used.
Step 2: Ratification
Once an amendment is proposed, it must be ratified to become part of the Constitution. Congress determines the method of ratification. There are two ways to achieve ratification:
- State Legislature Ratification: Three-fourths of the state legislatures (38 out of 50 states) must ratify the amendment. This has been the method for 26 of the 27 amendments.
- State Ratifying Conventions: Three-fourths of the states must ratify through conventions or state ratifying conventions. This method was used for the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment on alcohol prohibition.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs. Once an amendment is ratified, the Archivist issues a certificate, and the amendment becomes an operative part of the Constitution.
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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 and is appointed by the President of the United States. The Archivist is also responsible for administering the ratification process of constitutional amendments. This includes receiving original or certified copies of state actions on proposed amendments and issuing certificates proclaiming that an amendment has become an operative part of the Constitution. The Archivist works closely with the Director of the Federal Register, who examines ratification documents and maintains custody of them until an amendment is adopted or fails.
In addition to their role in the constitutional amendment process, the Archivist of the United States also has duties related to the custody of important documents, such as state ratifications of amendments, Electoral College documents, and original versions of all statutes of the United States. The Archivist ensures the preservation and accessibility of government records, working with a team of dedicated professionals, including archives specialists, archives technicians, conservators, and records managers.
The current Archivist of the United States is Dr. Colleen Shogan, who assumed office in May 2023. She is the 11th Archivist and the first woman to hold the position permanently. Shogan was nominated by President Joe Biden and confirmed by the Senate. She succeeded David S. Ferriero, who retired in April 2022.
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Ratification by three-fourths of the states
The United States Constitution, in Article V, outlines a two-step process for amendments: they must be proposed and ratified before becoming operative. Amendments can be proposed either by a two-thirds majority vote in both the House of Representatives and the Senate (Congress) or by a constitutional convention called for by two-thirds of the State legislatures.
Once an amendment is proposed, it is sent to the states for ratification. Three-fourths of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. This can be done through the state legislatures or conventions in three-fourths of the states, as determined by Congress. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), under the provisions of 1 U.S.C. 106b.
When a state ratifies an amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
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.
The process of ratifying amendments by three-fourths of the states ensures that any changes to the Constitution reflect the consensus of a significant majority of states, safeguarding against hasty or unilateral amendments.
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The Bill of Rights
James Madison, then a member of the U.S. House of Representatives, was the author of the amendments. Madison initially opposed the idea of creating a bill of rights, believing that the federal government did not have the power to take away people's rights. However, he later agreed to support adding a bill of rights to secure the ratification of the Constitution. Madison's proposed amendments included protections for freedom of speech, freedom of religion, the right to bear arms, and the right to assemble.
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The Reconstruction Amendments
The 13th Amendment, ratified in 1865, abolished slavery and involuntary servitude, except as a punishment for a crime. It was passed by the U.S. Senate on April 8, 1864, and, after one unsuccessful vote, the House followed suit on January 31, 1865. The 14th Amendment, ratified in 1868, addresses citizenship rights and equal protection of the laws for all persons. It defines all people born in the United States as citizens and requires due process of law. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was among the first to advocate for the emancipation of slaves and the 14th Amendment.
The 15th Amendment, ratified in 1870, prohibits federal and state governments from denying a citizen the right to vote based on race, colour, or previous condition of servitude. This amendment was passed in the wake of Ulysses S. Grant's narrow election to the presidency in 1868, which convinced a majority of Republicans that protecting the franchise of black men was crucial for the party's future.
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Frequently asked questions
The US Constitution outlines a two-step process for amending the nation's plan of government. An amendment must be proposed and ratified before becoming operative. An amendment can be proposed by the US Congress with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by two-thirds of the state legislatures (34). The latter option has never been used. For an amendment to be ratified, three-fourths of the states (38) must approve it through their legislatures or state ratifying conventions.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. They receive certified copies of state actions and delegate many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Out of these, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been successfully ratified and are now part of the Constitution, including the Bill of Rights (the first 10 amendments) and the Reconstruction Amendments (the 13th, 14th, and 15th amendments).
The enumeration of certain rights in the US Constitution, as stated in Article the Eleventh, is to ensure that the mention of specific rights does not deny or disparage other rights retained by the people. It affirms that the powers not delegated to the federal government or prohibited to the states are reserved for the states or the people themselves. This principle underscores the balance between federal authority and state autonomy in the US system of government.
