Eleanor Finch
The Constitution of the United States has been amended 27 times since it was put into operation on March 4, 1789. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a two-step process: proposal and ratification. Amendments can be proposed by Congress or a national convention called by Congress on the application of two-thirds of state legislatures. However, the President does not have a constitutional role in the amendment process. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). The process of amending the Constitution aims to balance the need for change with stability. While there have been 27 successful amendments, six proposed amendments have not been ratified by the required number of states, and four of them are still pending.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress proposes an amendment in the form of a joint resolution |
| President's role | No constitutional role in the amendment process |
| Amendment process | Proposed amendment becomes part of the Constitution when ratified by 3/4ths of the States (38 of 50 States) |
| Total amendments proposed | 33 |
| Total amendments ratified | 27 |
| Total pending amendments | 4 |
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What You'll Learn
The two-step process for amending the Constitution
The process of amending the Constitution of the United States is a meticulous and lengthy procedure, with only 27 successful amendments since the Constitution was drafted in 1787. The two-step process for amending the Constitution is derived from Article V of the Constitution and involves proposal and ratification.
Proposal
The first step in the two-step process is the proposal of an amendment. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which 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 adds legislative history notes and publishes the joint resolution in slip law format, along with an information package for the States. This package includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
Ratification
The second step in the process is ratification. After the proposal is submitted, the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once the OFR receives the required number of authenticated ratification documents from the States (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 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.
The process of amending the Constitution is deliberately challenging, ensuring that only significant and impactful changes are made to the foundational document of the United States.
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The role of Congress in proposing amendments
The United States Constitution has been amended 27 times since its ratification in 1788, with the first 10 amendments, collectively known as the Bill of Rights, being ratified in 1791. The authority to amend the Constitution is derived from Article V of the Constitution. Congress plays a crucial role in proposing amendments, and there are two methods for proposing amendments outlined in Article V.
The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, creating an information package for the states. This package includes formal "red-line" copies of the resolution and the statutory procedure for ratification. The Archivist of the United States then submits the proposed amendment to the states for their consideration.
The second method, which has never been used, involves Congress calling a constitutional convention upon the request of two-thirds of the state legislatures. This method allows the states to propose amendments directly, bypassing Congress. However, any proposed amendment, regardless of the method, must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
It is worth noting that at least 11,000 proposals to amend the Constitution have been introduced in Congress, but only 33 have been submitted to the states for ratification due to the requirement of a two-thirds majority in each house. Once an amendment is ratified, the Archivist certifies its validity, and 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.
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The President's role in the amendment process
The President does not have a constitutional role in the amendment process. The Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
However, there have been instances of Presidents playing an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not necessary for its proposal or ratification. Similarly, President Jimmy Carter signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
While the President's signature is not required for the constitutional amendment process, their participation in the ceremonial signing of certifications indicates a degree of involvement and recognition of the significance of the amendment process.
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The ratification process and the Archivist's role
The US Constitution derives its authority to be amended from Article V of the Constitution. The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is in charge of overseeing the ratification process under the terms of 1 U.S.C. 106b.
The Archivist has delegated many of the administrative tasks associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b outlines the ratification process in detail. Instead, the Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State and the Administrator of General Services, who performed these duties prior to NARA becoming an independent agency in 1985.
The Archivist's role in the ratification process includes submitting amendments proposed by Congress to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states (38 out of 50) ratify them. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then forwarded to the Director of the Federal Register for examination. The Office of the Federal Register (OFR) examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails, at which point the records are transferred to NARA for preservation.
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 and serves as official notice to Congress and the nation that the amendment process has been completed. The signing of the certification has, in recent history, become a ceremonial function attended by various dignitaries, including the President on some occasions.
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The number of amendments to the Constitution
The Constitution of the United States has been amended 27 times since it was first put into operation on March 4, 1789. The first ten amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791.
The process of amending the Constitution is detailed in Article V of the Constitution and involves two steps: proposing and ratifying an amendment. Amendments can be proposed by Congress, in the form of a joint resolution, when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, a national convention, called by Congress on the application of two-thirds of state legislatures, can also propose an amendment. However, this option has never been used.
Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). The Archivist then 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, serving as official notice to Congress and the nation.
In total, 33 amendments have been proposed by Congress and sent to the states for ratification. While 27 have been successfully ratified and are now part of the Constitution, six amendments have not been ratified by the required number of states. Of these, four are still pending, one has failed by its own terms, and another has failed by the terms of the resolution proposing it.
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Frequently asked questions
There have been 27 amendments to the Constitution.
Amendments are proposed by the United States Congress and sent to the states for ratification.
The process of amending the Constitution is a two-step process outlined in Article Five of the United States Constitution. An amendment must be proposed and then ratified by three-fourths of the states (38 out of 50 states).
No, the President does not have a constitutional role in the amendment process. However, in recent history, Presidents have signed the certification of amendments as a witness.
Since the early 20th century, Congress has occasionally stipulated that an amendment must be ratified by the required number of states within seven years of its submission to the states.
