Malcolm Rivera
The Constitution is not easy to amend, and only 27 amendments have been added since it was drafted in 1787. The primary means for amending the Constitution is through Article V, which outlines two methods for proposing amendments. The first method, used for every amendment so far, is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for a constitutional convention to be called for by two-thirds of the state legislatures, although this has never been used. Once an amendment is proposed, it must be ratified by three-quarters of the states before it becomes part of the Constitution. The process is designed to be difficult, and critics argue that it is too strict and biased in favor of the federal government. However, the amendment process ensures that only significant changes affecting all Americans or securing the rights of citizens are made to the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 | Three-fourths of the States (38 of 50 States) |
| Number of amendments | 27 |
| First amendments | The Bill of Rights, the first 10 amendments, ratified on December 15, 1791 |
| Recent amendments | Gave women the right to vote, enacted and repealed Prohibition, abolished poll taxes, and lowered the minimum voting age from 21 to 18 |
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What You'll Learn
Amendments proposed by Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is not easy and has been criticised for being too strict. Amendments proposed by Congress must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging threshold to meet, and as such, only 27 amendments have been added to the Constitution since it was drafted in 1787.
Congress has used Article V's procedures to propose 33 constitutional amendments, 27 of which have been ratified by three-quarters of the states and have become part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified in 1791. These amendments safeguard certain individual rights from government interference. The next three amendments were added in the wake of the Civil War: the Thirteenth (outlawing slavery), the Fourteenth (protecting equal civil rights), and the Fifteenth (forbidding racial discrimination in voting). After another period with no amendments, four more were added between 1913 and 1920.
The process of proposing an amendment begins with Congress, which proposes an amendment in the form of a joint resolution. This joint resolution does not require the signature or approval of the President. Instead, it is 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 to the joint resolution and publishes it in slip law format.
Once an amendment is proposed, it is sent to the states for ratification. The states may ratify an amendment through their state legislatures or by calling a convention, depending on what Congress has specified. To become part of the Constitution, an amendment must be ratified by three-quarters of the states (38 out of 50). When an amendment is ratified, the relevant documentation is sent to the Archivist of the United States, who certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
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Amendments proposed by a constitutional convention
The Constitution of the United States is not easy to amend. Article V of the Constitution outlines the process for amending it, and this has been used to propose 33 amendments, 27 of which have been ratified by three-quarters of the States.
A constitutional convention can be called when two-thirds of state legislatures (34 out of 50) request it. This allows states to bypass Congress and propose amendments directly. The convention can propose amendments, which then need to be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution.
There are debates and concerns surrounding the convention method. One concern is whether Congress must call a convention when requested by two-thirds of the states, and whether the convention should be limited to the subject matter requested by the states. Some scholars argue that states can determine the scope of an Article V convention by applying for a convention on specific subjects. Others argue that the Constitution only provides for a general convention, not limited to a particular matter.
Another concern is the potential for a runaway convention that exceeds its scope. While a convention can propose amendments, these amendments do not become part of the Constitution until ratified by three-quarters of the states, which is more than the number of states required to call the convention.
In conclusion, while amendments proposed by a constitutional convention have never been used, it is a valid method authorized by Article V. This method allows states to propose amendments directly and bypass Congress, but any proposed amendments must still be ratified by a high threshold of three-quarters of the states.
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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. It is not an easy process, and only 27 amendments have been added to the Constitution since it was first adopted.
The first step in the process is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Once this has been achieved, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register. The 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 the National Archives for preservation.
Once three-quarters of the states have ratified the amendment, the OFR 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 has been completed.
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Two-thirds majority in both the House of Representatives and the Senate
The process of amending the US Constitution is outlined in Article V of the Constitution. It is not an easy process, and since the Constitution was drafted in 1787, there have only been 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified in 1791.
One of the ways an amendment can be proposed is by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging feat, as it requires significant agreement across political parties. To achieve this majority, an idea for an amendment must be of major importance, impacting all Americans or securing the rights of citizens. For example, recent ideas for amendments have included outlawing flag burning, crime victims' rights, voluntary school prayer, making English the official language, and abolishing the Electoral College.
Once the two-thirds majority in both chambers of Congress is achieved, the proposed amendment is sent to the states for ratification. Here, the amendment process continues to be rigorous, as three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. This means that a small minority of states (13 out of 50) can block an amendment from being added to the Constitution.
The process of amending the Constitution has been criticized for being too strict and favouring the federal government. However, this strictness ensures that any changes made to the Constitution are carefully considered and widely supported, reflecting the document's significance as the foundation of the American political system.
While the two-thirds majority in Congress is a critical step in the amendment process, it is important to note that none of the 27 amendments to the Constitution have been proposed by Congress alone. Instead, they have all been proposed by Congress and ratified by the states, demonstrating the crucial role of state legislatures in the amendment process.
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Three-quarters ratification by states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes the authority to amend the Constitution and outlines the procedures for doing so.
One of the primary means for amending the Constitution is through a proposal by Congress, followed by ratification by three-quarters of the states. This process has been used for all 27 amendments that have been ratified so far. Firstly, two-thirds of both the House of Representatives and the Senate must vote in favour of the proposed amendment. The amendment is then sent to the states for ratification. To become part of the Constitution, three-quarters of the states (38 out of 50) must ratify the amendment. This can be done through the state legislatures or through conventions, with Congress specifying the mode of ratification.
The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency. Once the required number of ratified documents is verified, a formal proclamation is drafted 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 that the amendment process is complete.
The three-quarters ratification process allows for a small minority of states to prevent an amendment from being added to the Constitution. This has been criticised as being too strict and favouring the federal government. However, it ensures that any changes to the Constitution reflect the consensus of a significant majority of states.
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Frequently asked questions
The primary means of adding amendments to the US Constitution is through Article V, which outlines the amendment process.
Article V of the US Constitution outlines two methods for proposing amendments. The first method, which has been used for all 27 amendments, is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for two-thirds of the State legislatures to call for a constitutional convention to propose amendments.
After an amendment is proposed, it 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.
Amending the US Constitution is a difficult and time-consuming process. Critics argue that the amendment process is too strict and biased in favor of the federal government. As a result, only 27 amendments have been added to the Constitution since it was adopted.
