Simone Lawson
The ratification of amendments to the Constitution is a complex process. Article V of the U.S. Constitution gives Congress the power to propose an amendment and determine the mode of ratification, but it does not specify any time limits or the role of Congress after ratification. For an amendment to be ratified, it must be approved by three-fourths of the states, according to Professor Tribe. This process does not include any time constraints, and there is no requirement for contemporaneity or a reasonable period.
| Characteristics | Values |
|---|---|
| Ratification process | The ratification process starts when Congress turns the Constitution over to the state legislatures for consideration through specially elected state conventions of the people |
| Ratification by states | For amendments to go into effect, they must be ratified by three-fourths of the states |
| Time limits | There are no time limits for ratification, and the absence of time language means there is no requirement of contemporaneity or of a "reasonable" period |
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What You'll Learn
The role of Congress
Article V of the U.S. Constitution gives Congress the power to propose an amendment and to determine the mode of ratification. However, it does not specify the power of Congress to impose time limits or its role after ratification by three-fourths of the states.
The ratification process starts when Congress turns the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. Five state conventions voted to approve the Constitution almost immediately (December 1787 to January 1788) and in all of them the vote was unanimous (Delaware, New Jersey, Georgia) or lopsided (Pennsylvania, Connecticut).
The amendments must be ratified by three-fourths of the states to go into effect. There is no requirement of contemporaneity or of a "reasonable" period.
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Ratification by three-fourths of the states
The process of ratification starts when Congress turns the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. For an amendment to go into effect, it must be ratified by the states. In the case of the original Constitution, five state conventions voted to approve it almost immediately (December 1787 to January 1788), and in all of them, the vote was unanimous or lopsided.
Professor Tribe has written that Article V states that an amendment "shall be valid to all Intents and Purposes, as part of this Constitution" when "ratified" by three-fourths of the states. This means that there is no speedy ratification rule that can be extracted from Article V's text, structure, or history.
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Time limits
Article V of the U.S. Constitution gives Congress the power to propose an amendment and to determine the mode of ratification. However, it does not specify any time limits for ratification. In fact, it is silent on the power of Congress to impose time limits or its role after ratification by three-fourths of the states. This means that there is no requirement of contemporaneity or of a "reasonable" period for ratification.
The ratification process starts when Congress turns the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. Once an amendment is ratified by three-fourths of the states, it becomes valid and part of the Constitution. There is no speedy ratification rule that can be extracted from Article V's text, structure, or history.
While there are no explicit time limits for ratifying the Constitution, the process typically involves a series of steps and considerations that can take time. The early states that ratified the Constitution, such as Delaware, New Jersey, Georgia, Pennsylvania, and Connecticut, did so almost immediately (December 1787 to January 1788) with unanimous or lopsided votes. However, a closer look at the ratification process in these states indicates that the contest was much closer than it initially appeared.
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State legislatures
Ratification of the Constitution is governed by Article V, which gives Congress the power to propose an amendment and determine the mode of ratification. However, it is silent on the power of Congress to impose time limits or its role after ratification by three-fourths of the states.
The ratification process starts when Congress turns the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. Five state conventions voted to approve the Constitution almost immediately (December 1787 to January 1788), and in all of them, the vote was unanimous or lopsided. This indicates that the well-organised Federalists had broad and popular support.
However, a closer look at who ratified the Constitution in these early states and how it was done suggests that the contest was much closer than it initially appeared. For example, in Delaware, New Jersey, and Georgia, the vote was unanimous, while in Pennsylvania and Connecticut, it was lopsided.
Despite the initial support, the Supreme Court has suggested that no speedy ratification rule can be extracted from Article V's text, structure, or history. This means that there is no requirement for contemporaneity or a "reasonable" period for ratification. Once an amendment has been proclaimed and accepted by Congress, it becomes valid to all intents and purposes as part of the Constitution.
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The role of the Supreme Court
The Supreme Court has ruled that a popular referendum cannot approve or disapprove of a state legislature's decision on an amendment. This ruling was challenged in *Arizona State Legislature v Arizona Independent Redistricting Commission*, where the Supreme Court defined the term 'legislature' to include "the power that makes laws", which included direct lawmaking by the people of the state.
The Supreme Court also plays an important role in ensuring that each branch of government recognises the limits of its own power, and it protects civil rights and liberties by striking down laws that violate the Constitution. It is the court of last resort for those seeking justice.
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Frequently asked questions
The rules for ratifying the constitution are laid out in Article V of the U.S. Constitution.
Article V says that an amendment must be ratified by three-fourths of the states.
No, Article V does not include any time limits.
