Omar Bennett
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. The first method is for Congress to propose an amendment, which must be passed by a two-thirds majority in both houses, and the second is for the states to call for a convention, with two-thirds of state legislatures applying. Amendments can be proposed by state legislatures, citizens, conventions, and commissions, and the process can be lengthy and challenging.
| Characteristics | Values |
|---|---|
| Authority | Article V of the Constitution |
| Proposal | Two-thirds of both Houses of Congress, or two-thirds of the States call for a convention |
| Ratification | Three-fourths of the States (38 of 50) |
| Subjects | Certain subjects are unamendable, e.g. no state shall be deprived of its equal suffrage in the Senate |
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What You'll Learn
Amendments must be proposed by two-thirds of both houses of Congress
The Constitution of the United States is a powerful document that has been amended only 27 times since its drafting in 1787. The process of amending the Constitution is outlined in Article V, which provides two methods for proposing amendments. One of these methods requires amendments to be proposed by two-thirds of both houses of Congress. This process ensures that any changes made to the Constitution reflect the consensus of a supermajority in both the Senate and the House of Representatives.
The threshold of a two-thirds majority in both chambers is deliberately set high to prevent hasty or partisan changes to the nation's founding document. It ensures that amendments have broad support and are not enacted along narrow party lines. This safeguard is essential, given the profound impact that constitutional amendments can have on the country and its citizens.
Throughout history, there have been numerous instances where a proposed amendment failed to secure the required two-thirds majority in one or both houses of Congress. For example, the Bricker Amendment, introduced in 1951 by Ohio Senator John W. Bricker, aimed to limit the federal government's treaty-making power. Despite bipartisan support, the amendment fell short by eight votes in the first attempt and by just one vote in the second attempt.
The two-thirds requirement in both houses also serves as a check on the power of Congress to propose amendments unilaterally. This check is particularly important because it ensures that any changes to the Constitution are thoroughly vetted and reflect the interests of a substantial portion of the country's legislative body. While the process of securing a two-thirds majority can be challenging and time-consuming, it is designed to foster consensus-building and protect the integrity of the Constitution.
Once an amendment is proposed by two-thirds of both houses of Congress, it must then be ratified by either three-fourths of state legislatures or state ratifying conventions, as determined by Congress. This additional step further emphasizes the importance of broad support and consensus across the country for any changes to the Constitution of the United States.
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Ratification by three-fourths of the states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution has been amended 27 times since 1787, and the process is challenging and time-consuming. One of the two methods for amending the Constitution is through ratification by three-fourths of the states, which is further broken down into two procedures.
The first procedure involves the legislatures of three-fourths of the states, currently 38 out of 50 states, ratifying the proposed amendment. Once an amendment is passed by two-thirds of both houses of Congress, it is submitted to the states for ratification. The state legislatures then debate and vote on the amendment. If three-fourths of the states approve, the amendment becomes part of the Constitution.
The second procedure involves state ratifying conventions in three-fourths of the states. In this process, Congress proposes an amendment, and the states call for a convention to consider the amendment. The convention delegates debate and vote on the amendment. If three-fourths of the states approve, the amendment is added to the Constitution. This procedure has only been used once, for the 21st Amendment, which ended Prohibition.
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 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, the Archivist certifies the amendment as valid, and it becomes part of the Constitution.
The amendment process ensures that any changes to the Constitution have a significant impact on all Americans or secure citizens' rights. For instance, the 19th Amendment established women's suffrage, while other amendments abolished poll taxes and lowered the minimum voting age. The process is designed to be deliberate and challenging, ensuring that amendments are carefully considered and broadly supported before becoming part of the nation's foundational document.
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The Archivist of the United States administers the ratification process
The Archivist of the United States plays a crucial role in the constitutional amendment process by administering the ratification process. The authority to amend the Constitution is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist takes charge of managing the ratification process. The Archivist of the United States heads the National Archives and Records Administration (NARA) and is responsible for safeguarding and preserving essential records, including the original Declaration of Independence, Constitution, and Bill of Rights.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. This copy is then conveyed to the Director of the Federal Register, who examines the ratification documents for legal sufficiency and authenticity. The Director maintains custody of these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
The Archivist's role also includes issuing a certificate proclaiming a particular amendment duly ratified and part of the Constitution. This certification occurs when legislatures of at least three-quarters of the states (38 out of 50) approve the proposed amendment. The certification is then published in the Federal Register and the United States Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial event attended by dignitaries, including the President. The Archivist does not make substantive determinations about the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
Additionally, the Archivist has duties related to the custody of Electoral College documents during presidential elections. They also receive the original version of all statutes of the United States once enacted and maintain custody of state ratifications of amendments to the Constitution. The current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden and confirmed by the Senate in May 2023.
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The Director of the Federal Register signs the certification
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The Director of the Federal Register plays a crucial role in the amendment process. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist, who immediately conveys it to the Director of the Federal Register. The Office of the Federal Register (OFR) then examines the ratification documents to ensure they meet the legal requirements and have authentic signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The OFR retains these documents until an amendment is either adopted or fails. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is signed by the Archivist, with the Director of the Federal Register acting as a witness, and it is published in the Federal Register and U.S. Statutes at Large. This publication serves as official notice to Congress and the nation that the amendment process is complete.
The signing of the certification has become a ceremonial event, sometimes attended by dignitaries, including the President. This process ensures the integrity and transparency of the constitutional amendment process, providing official recognition of the validity of the newly adopted amendment.
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Some subjects are unamendable
The Constitution of the United States has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted four years later as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution, which establishes two methods for proposing amendments. The first method is for two-thirds of both houses of Congress to propose amendments, and the second is for two-thirds of the state legislatures to request a convention for proposing amendments. While Article V provides the procedures for amending the Constitution, it also includes certain limitations. The last two sentences of Article V make certain subjects unamendable.
The first sentence prohibited amendments prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. This sentence's limitations on amendments have expired and are no longer in effect. However, the second sentence of Article V remains in effect and prohibits amendments that would deprive states, without their consent, from having equal suffrage in the Senate. This provision ensures that no state can be deprived of its equal representation and voting power in the Senate without its agreement.
The process of amending the Constitution is deliberately difficult and time-consuming to ensure that any changes made are well-considered and have broad support. A proposed amendment must be passed by two-thirds of both houses of Congress, and then it must be ratified by three-fourths of the states (38 out of 50 states). This ratification process can be done through the state legislatures or state ratifying conventions, with the decision-making power resting with Congress. In recent history, the certification of a new amendment has become a ceremonial function attended by various dignitaries, including the President.
While Article V provides the primary procedures for amending the Constitution, some legal scholars argue that there may be other methods not specifically outlined in Article V. For example, Akhil Reed Amar suggests that the people of the United States may amend the Constitution using alternative approaches. However, the majority of Article V's text focuses on the proposal and ratification process, with the last two sentences addressing the unamendable subjects.
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Frequently asked questions
The US Constitution outlines two methods for proposing amendments in Article V. The first method involves two-thirds of both houses of Congress proposing an amendment, which is then ratified by three-fourths of the states (38 out of 50 states). The second method, which has never been used, involves legislatures of two-thirds of the states applying for a convention to propose amendments, followed by ratification by three-fourths of the states.
The Archivist of the United States is responsible for administering the ratification process. They receive authenticated ratification documents from the states and delegate duties to the Director of the Federal Register. Once enough documents are received, the Archivist certifies the amendment as valid, and it becomes part of the Constitution.
After Congress proposes an amendment, it is submitted to the states for ratification. The states can choose to ratify through their state legislatures or state ratifying conventions, depending on Congress's specifications. The amendment becomes part of the Constitution once ratified by three-fourths of the states.
Yes, the last two sentences of Article V make certain subjects unamendable. For example, no amendment can deprive a state, without its consent, of its equal suffrage in the Senate. Additionally, the amendment process is challenging and time-consuming, requiring a significant impact on all Americans or securing citizens' rights.
Yes, there have been recent proposals for constitutional amendments, such as outlawing flag burning, voluntary school prayer, making English the official language, and abolishing the Electoral College. However, the process of amending the Constitution is challenging, and not all proposed amendments gain enough support to be ratified.
