Eleanor Finch
The Constitution of the United States can be amended in two ways, as outlined in Article V. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, which is then ratified by three-fourths of the states. This process has been used for all 27 amendments to the Constitution. The second method involves a constitutional convention called for by two-thirds of the state legislatures, which has never been used. The President does not play a constitutional role in the amendment process. Once an amendment is ratified, it becomes an official part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of ways to propose an amendment | 2 |
| First way | Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate |
| Second way | A constitutional convention is called for by two-thirds of the State legislatures |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by the states | 27 |
| Number of amendments proposed but not ratified by the states | 6 |
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What You'll Learn
Two-thirds majority in Congress
The United States Constitution, in Article V, outlines the process for amending the nation's foundational document. One of the two methods for proposing amendments involves a two-thirds majority vote in Congress, specifically in both the House of Representatives and the Senate. This process has been utilised for all 33 proposed amendments, with 27 being ratified by three-fourths of the states, as required for an amendment to become part of the Constitution.
The two-thirds majority vote in Congress is a significant step in the amendment process, serving as the initial proposal stage. This vote must occur in both chambers of Congress, the House of Representatives, and the Senate, with a quorum present. A quorum refers to the minimum number of members required to be present for the proceeding to be considered valid. In the case of the House of Representatives, a quorum is a majority of the total membership, or at least 218 members, while in the Senate, a quorum is traditionally set at a lower number, typically around 51 senators.
The two-thirds majority vote in Congress is an essential check to ensure that any proposed amendment has substantial support within the legislative branch of the US government. By requiring a supermajority, rather than a simple majority, the process ensures that amendments are not passed without a broad consensus. This safeguard helps to maintain the stability and integrity of the Constitution, preventing hasty or partisan changes.
Once an amendment proposal clears the two-thirds majority hurdle in Congress, it is then sent to the states for ratification. This step involves either a vote by the state legislatures or state ratifying conventions, with Congress specifying the ratification method in most cases. The requirement of ratification by three-fourths of the states ensures that any amendment reflects the will of a significant majority of the country.
It is worth noting that, while Congress has proposed 33 amendments through the two-thirds majority process, there have been thousands of other proposals introduced that failed to gain sufficient support. This underscores the rigorous nature of the amendment process and the high bar set for altering the Constitution.
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Two-thirds of state legislatures
The United States Constitution, specifically Article V, outlines two methods for proposing amendments. One of these methods involves the involvement of two-thirds of state legislatures. This method has yet to be used for any of the 27 amendments ratified by the states.
The process begins with two-thirds of state legislatures applying to Congress for a convention to propose amendments. This step reflects the belief that proposals to amend the Constitution should originate from state legislatures or state conventions, rather than solely from the national legislature. It is important to note that the President does not play a constitutional role in this amendment process.
Once the application is received by Congress, it assumes the responsibility of convening a convention for proposing amendments. This convention serves as a platform for discussing and formulating potential changes to the Constitution. The amendments proposed at this convention are then forwarded to the states for their consideration.
Following the convention, the proposed amendments undergo a ratification process. Congress decides whether the proposed amendment will be sent to state legislatures or state ratifying conventions for ratification. For an amendment to become part of the Constitution, it must be ratified by either three-quarters of the state legislatures or ratifying conventions in three-quarters of the states. This ensures that any changes to the Constitution reflect the consensus of a significant majority of states.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works in conjunction with the Director of the Federal Register to ensure the smooth facilitation of the process. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become an integral part of the Constitution.
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Ratification by three-quarters of states
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments, one of which includes ratification by three-quarters of the states. This process ensures that any changes made to the Constitution reflect the consensus of a significant majority of states.
To understand the ratification process, it's important to know that there are two legislative bodies within each state government: the state legislature and the state convention. When an amendment is proposed, either by Congress or through a constitutional convention, it must be ratified by either the state legislatures or state conventions of at least three-quarters of the states, which currently equates to 38 out of 50 states.
The ratification process begins when the proposed amendment is submitted to the states for consideration. Each state legislature or convention will debate and vote on whether to ratify the amendment. This process can vary in duration and complexity depending on the state and the nature of the amendment.
Once a state has made its decision, it will send official documentation to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) within NARA. The OFR is responsible for verifying the authenticity and validity of the ratification documents received from the states. It is important to note that the Archivist of the United States and the Director of the Federal Register follow established procedures and customs during this process but do not make substantive determinations on the validity of state ratification actions.
When the OFR confirms that it has received the required number of authenticated ratification documents from three-quarters of the states, it drafts a formal proclamation. This proclamation is then certified by the Archivist, officially declaring that the amendment is valid and has become an integral part of the Constitution. The certification is published in the Federal Register and U.S. Statutes at Large, serving as an official notice to Congress and the nation that the amendment process is complete.
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Congress role in the amendment process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress plays a crucial role in the amendment process, as outlined by Article V, which establishes two methods for proposing amendments.
The first method requires Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done through a joint resolution, which does not require the President's signature or approval. Once approved by Congress, the joint resolution is 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 joint resolution, copies in slip law format, and the statutory procedure for ratification.
The second method involves Congress calling for a constitutional convention at the request of two-thirds of the state legislatures. However, it is important to note that none of the amendments to the Constitution have been proposed by constitutional convention so far.
After an amendment is proposed, either by Congress or through a constitutional convention, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. They follow established procedures and customs, previously performed by the Secretary of State and the Administrator of General Services. The proposed amendment is submitted to the states for their consideration, and the governors formally submit it to their state legislatures or call for a convention, as specified by Congress.
The amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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.
In conclusion, Congress plays a central role in the amendment process by proposing amendments through a two-thirds majority vote in both houses or by calling for a constitutional convention at the request of state legislatures. The subsequent steps involve ratification by the states, with the Archivist of the United States and the Director of the Federal Register facilitating the process and certifying its completion.
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Article V of the Constitution
Article V of the United States Constitution outlines the process by which the Constitution may be amended. It establishes two methods for proposing amendments:
Proposal by Congress
The first method involves Congress proposing an amendment. For this to happen, two-thirds of both the House of Representatives and the Senate must vote in favour of the amendment. This is known as a supermajority vote. It's important to note that the President does not have a constitutional role in this process. Once the amendment is proposed by Congress, it is sent to the states for ratification.
Proposal by Constitutional Convention
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This convention can propose amendments without requiring Congress's approval. The proposed amendments are then sent to the states for ratification.
After an amendment is proposed by either of these methods, it must be ratified to become an official part of the Constitution. Ratification can occur in two ways, as outlined by Article V:
- Ratification by State Legislatures: Three-fourths of the state legislatures (currently 38 out of 50 states) must approve the amendment.
- Ratification by State Ratifying Conventions: Three-fourths of the states must approve the amendment through conventions, with each state holding a convention to decide.
It is worth noting that Article V also includes certain limitations on the amendment process. For example, it specifies that no amendment shall deprive a state of its equal suffrage in the Senate without its consent. Additionally, it prohibited amendments prior to 1808 that would affect the foreign slave trade, taxes on the slave trade, or direct taxation provisions of the Constitution.
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Frequently asked questions
A constitutional amendment 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 the State legislatures.
After a proposal is made, it is sent to the states for ratification.
Once an amendment is ratified by three-quarters of the states, it becomes part of the Constitution.
The President does not have a constitutional role in the amendment process.
