Jonah Patel
The process of amending the US Constitution is outlined in Article V, which grants Congress the authority to propose amendments. While Article V does not specify a deadline for ratification, most amendments proposed since 1917 have included a deadline, typically set at seven years. The absence of an explicit deadline in Article V has led to debates about the shelf life of constitutional amendments, with some arguing that amendments remain pending until ratified by the required number of states. The Supreme Court has held that Congress has the implied authority to set ratification deadlines, but there is disagreement over whether Congress can extend these deadlines without restarting the amendment process.
| Characteristics | Values |
|---|---|
| Country | United States |
| Constitution | Constitution of the United States |
| Number of Amendments | 27 |
| Number of Proposed Amendments | 33 |
| Number of Pending Amendments | 4 |
| Amendment Ratification Process | Proposed 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 Ratification Requirement | Ratification by three-fourths of the states (38 out of 50) |
| Deadline for Ratification | No specific deadline mentioned in Article V of the Constitution, but the Supreme Court has held that Congress can specify a deadline |
| Example of a Deadline for Ratification | Seven years for the Eighteenth Amendment |
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What You'll Learn
The authority to amend the Constitution
The authority to amend the United States Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves two steps: proposing and ratifying amendments. Amendments must be properly proposed and ratified before they can become operative. This two-step process was designed to balance the need for change with the need for stability.
An amendment can be proposed by the US Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, a national convention can be called by Congress on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been used. Once an amendment is proposed, it is sent to the states for ratification.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through the legislatures of three-fourths of the states or by 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). The Archivist has delegated many duties associated with this function to the Director of the Federal Register.
The question of whether Congress can place a deadline on the states' ratification of a proposed amendment has been a subject of debate. The text of Article V does not explicitly address this issue. However, in Dillon v. Gloss, the Supreme Court held that the Constitution implicitly authorises Congress to set a definite period for ratification. The Court's decision was based on Congress's power to determine the mode of ratification, which implies the authority to specify a deadline.
In practice, Congress has often specified a deadline for ratification, usually seven years. However, there have been exceptions, such as the Nineteenth Amendment, which had no specified deadline. If Congress does not set a deadline, an amendment remains pending before the states until the required number of states have ratified it. This was the case with the Twenty-Seventh Amendment, which became part of the Constitution more than 200 years after it was proposed.
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How to propose an amendment
The process of proposing an amendment to the United States Constitution is outlined in Article Five of the Constitution. Amendments must be properly proposed and ratified before becoming operative. This process was designed to balance the need for change with the need for stability.
There are two methods by which an amendment may be proposed:
- The US Congress proposes an amendment when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. This proposal takes the form of a joint resolution, which is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
- A national convention is called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959). This option, however, has never been used.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur through one of two methods, as determined by Congress:
- The legislatures of three-fourths of the states (38 out of 50 states) must ratify the amendment.
- Conventions in three-fourths of the states ratify the amendment.
While the text of Article V does not explicitly address the issue of deadlines for ratification, the Supreme Court has held that the Constitution implicitly authorises Congress to set a definite period for ratification. This was affirmed in the case of Dillon v. Gloss, where the Court upheld Congress's specification of a seven-year time limit for the ratification of the Eighteenth Amendment.
In practice, Congress has typically set a seven-year deadline for the ratification of proposed amendments, except for the Nineteenth Amendment, which recognised women's suffrage. If Congress does not specify a deadline, an amendment remains pending before the states until the requisite number of states have ratified it.
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Ratification by state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While Article V does not specify a deadline for the ratification of amendments, it does outline two methods for ratification. The first method, which has been used for 26 of the 27 successful amendments, requires ratification by the legislatures of three-quarters of the states (38 out of 50 states). This method gives Congress the ability to determine the mode of ratification, and in practice, Congress has specified a deadline for ratification for all amendments proposed since 1917, except for the Nineteenth Amendment and the Child Labor Amendment.
The second method outlined in Article V involves ratifying conventions conducted in three-quarters of the states. This method has only been used once in American history, for the ratification of the Twenty-First Amendment in 1933. It is important to note that the length of time between the proposal and ratification of an amendment does not affect its validity.
Once an amendment is proposed by Congress, the Archivist of the United States is responsible for administering the ratification process. The Archivist officially notifies the states by sending a registered letter to each state's governor, who then submits the amendment to their state legislature or calls for a convention, depending on Congress's specifications. When a state ratifies an amendment, it sends the Archivist an original or certified copy of the state's action.
The Office of the Federal Register (OFR) within NARA examines ratification documents for authenticity and legal sufficiency. 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.
While there is no explicit deadline specified in Article V for state legislatures to ratify amendments, Congress has historically included deadlines in proposed amendments or the accompanying joint resolutions. The determination of a definite period for ratification ensures that states are aware of the time frame within which they need to act. However, the question of whether Congress can place a deadline on state ratification remains a subject of debate, with some arguing that it is a political question outside the scope of the judiciary.
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Ratification deadlines
The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution does not specify a deadline for the ratification of proposed amendments. However, most amendments proposed since 1917 have included a deadline, with the exception of the Nineteenth Amendment and the Child Labor Amendment. The ratification deadline "clock" starts on the day final action is completed in Congress.
The first method of ratification requires three-fourths of the state legislatures to ratify a proposed amendment to the Constitution. This method has been used to ratify 26 of the Constitution's 27 successful amendments. The second method, used only once in history for the 1933 ratification of the Twenty-First Amendment, involves ratifying conventions conducted in three-quarters of the states.
The question of whether Congress can place a deadline on the states' ratification of a proposed amendment has been the subject of debate. In Dillon v. Gloss, the Supreme Court held that the Constitution implicitly authorises Congress to "fix a definite period" for ratification. The Court determined that Congress's power to determine the mode of ratification implies an incidental authority to specify a deadline. However, subsequent commentators have argued that this interpretation is incorrect, and the Office of Legal Counsel (OLC) has advised that Congress lacks the authority to extend or revive an amendment after the initial deadline has expired without restarting the Article V process.
In the absence of a specified deadline, an amendment remains pending before the states until the requisite number of states have ratified it. For example, the Twenty-Seventh Amendment became part of the Constitution in 1992, more than 202 years after it was proposed. On the other hand, some amendments with deadlines, such as the Equal Rights Amendment, have seen states attempt to ratify them after their deadlines expired, reviving debates about the shelf life of constitutional amendments.
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The role of the President
The President does not have a constitutional role in the amendment process. However, in recent history, the President has been involved in the ceremonial function of signing the certification of amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
The process of amending the Constitution is detailed in Article V, which outlines a two-step process of proposal and ratification. Amendments can be proposed 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 state legislatures.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress: through the legislatures of three-fourths of the states (38 out of 50 states), or by ratifying conventions in three-fourths of the states. This ratification process ensures that any changes to the nation's plan of government are carefully considered and agreed upon by a significant majority of states.
While Article V does not specify deadlines for ratification, most amendments proposed since 1917 have included a deadline, typically set by Congress. The inclusion of deadlines aims to provide clarity and prevent indefinite proposals. However, there is ongoing debate about the enforceability of these deadlines, with some arguing that amendments can remain pending until ratified by the required number of states, regardless of the deadline.
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Frequently asked questions
The text of Article V does not specifically address whether there is a deadline for amendments to the US Constitution. However, most amendments proposed since 1917 have included a deadline, usually seven years.
In Dillon v Gloss, the Supreme Court held that the Constitution gives Congress the authority to "fix a definite period" for ratification. However, there is disagreement over whether Congress can extend this deadline once it has been set.
If an amendment is not ratified by the deadline, it remains pending before the states until the requisite number of states have ratified it. In 1992, the Twenty-Seventh Amendment became part of the Constitution more than 200 years after it was proposed.
