Malcolm Rivera
The US Constitution outlines two ways to amend the nation's frame of government. The first method, which has been used for all 27 amendments, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, is for two-thirds of state legislatures to call for a constitutional convention to propose amendments. After an amendment is proposed, either by Congress or a national convention of the states, it must be ratified by three-fourths of the states. States offer multiple paths for amending their constitutions, which are much easier to change than the federal Constitution.
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What You'll Learn
- Two-thirds of both houses of Congress can vote to propose an amendment
- Two-thirds of state legislatures can ask Congress to call a national convention
- Three-fourths of state legislatures must approve amendments to ratify them
- Ratifying conventions in three-fourths of states must approve amendments
- Amendments can be proposed by legislatures, citizens, conventions, and commissions
Two-thirds of both houses of Congress can vote to propose an amendment
The United States Constitution, in Article V, outlines two methods for proposing amendments, one of which involves a two-thirds majority vote in both the House of Representatives and the Senate. This process, led by Congress, serves as the first step in amending the Constitution and has been the exclusive method for proposing all 27 amendments thus far.
To achieve this, a joint resolution is passed by both chambers of Congress, with at least a two-thirds majority in each. Notably, the President does not play a constitutional role in this process, and the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication. The Director of the Federal Register, under NARA, assumes the duties of administering the ratification process, which includes receiving and examining documents for authenticity and legal sufficiency.
The proposed amendment then undergoes the ratification process, where it must be approved by either three-quarters of the state legislatures or ratifying conventions in three-quarters of the states. This process can be specified by Congress, and the required approval can be achieved through a single or two consecutive sessions, depending on the state. Once the required number of approvals is reached, the Archivist of the United States certifies the amendment as valid, and it becomes part of the Constitution.
This process of amending the Constitution, while effective, is considered time-consuming and challenging. It is important to note that, historically, no amendments have been proposed through the alternative method of a constitutional convention.
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Two-thirds of state legislatures can ask Congress to call a national convention
The process of amending the US Constitution is laid down in Article V of the Constitution. It is a difficult and time-consuming process. Two-thirds of state legislatures can ask Congress to call a national convention to propose amendments. This is the second method provided for in Article V. The first method is for two-thirds of both houses of Congress to vote to propose an amendment.
The second method has never been used to propose any of the 27 amendments to the Constitution. However, it has been supported by a retired federal judge, Malcolm R. Wilkey, who said:
> "The Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected."
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually across the country. States have different requirements for legislatures to craft amendments. Some require the backing of a majority of legislators, while others need a supermajority. In 10 states, amendments can be approved by a majority vote in a single session, which is the easiest route to legislative approval.
In addition to the two methods provided for in Article V, some commentators argue that there may be other routes to amendment. For example, constitutional theorist and scholar Lawrence G. Sager suggests that the Constitution could be "unconsciously or unwittingly amended in a period of sustained political activity on the part of a mobilized national constituency."
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Three-fourths of state legislatures must approve amendments to ratify them
The process of amending the US Constitution is a complex and lengthy one. It involves two steps: proposing an amendment and ratifying it. The authority to amend the Constitution comes from Article V of the Constitution, which outlines two methods for proposing and ratifying amendments.
This paragraph specifically addresses the topic's focus:
The ratification process, as per Article V, requires the approval of three-fourths of the state legislatures, i.e., 38 out of 50 states. This step ensures that any changes to the Constitution are widely accepted across the country and not just at the federal level. Each state has its own process for approving amendments, with some requiring a simple majority and others demanding a supermajority legislative support. The state legislatures play a crucial role in this process, generating over 80% of the constitutional amendments considered and approved annually.
The process of amending the Constitution is designed to be challenging, ensuring that any changes are carefully considered and widely supported. The three-fourths requirement for state legislatures to approve amendments reinforces the federal nature of the US political system, where power is shared between the states and the central government. This requirement also highlights the importance of state-level politics and the role of state legislatures in shaping the country's laws and governance.
While the focus is on the role of state legislatures in ratifying amendments, it is worth noting that Congress can choose whether to send a proposed amendment to the state legislatures or state ratifying conventions for ratification. This choice provides flexibility in the amendment process and allows for direct citizen involvement through conventions.
The process of amending the Constitution, including the role of state legislatures, has been the subject of debate and discussion among legal scholars and political analysts. Some argue that it is too difficult to amend the Constitution, while others propose alternative routes for amendments beyond those outlined in Article V.
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Ratifying conventions in three-fourths of states must approve amendments
The process of amending the US Constitution is a complex and lengthy one, with over 10,000 measures proposed in Congress to do so. The authority to make changes to the Constitution comes from Article V of the Constitution, which outlines two methods for proposing and ratifying amendments.
One way to propose an amendment is for two-thirds of both houses of Congress to vote in favour. The other method is for two-thirds of state legislatures to request that Congress call a national convention to propose amendments. However, it is worth noting that no amendment has ever been proposed by a constitutional convention.
Once an amendment has been proposed, it must be ratified. Ratification can occur in one of two ways: either three-fourths of state legislatures approve the amendment, or ratifying conventions in three-fourths of states approve. This equates to 38 out of 50 states and is known as a 'reasonable time' after the proposal, as determined by the Supreme Court.
The process of ratifying an amendment is managed by the Archivist of the United States, who is the head of the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register. When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist, who then passes it to the Director of the Federal Register. The OFR examines these documents for authenticity and legal sufficiency. If they are in order, the Director acknowledges receipt and maintains custody of them.
Once the OFR has received the required number of 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 the process to amend the federal Constitution is challenging, state constitutions are amended more frequently and through various methods. These include amendments crafted by legislatures, citizens, conventions, and commissions. Some states, like Florida, have commissions that can place amendments directly on the ballot for voter approval.
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Amendments can be proposed by legislatures, citizens, conventions, and commissions
The process of amending the US Constitution is a difficult and time-consuming endeavour. It involves two methods: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method, which has never been used, involves two-thirds of state legislatures calling on Congress to organise a national convention to propose amendments.
While the federal Constitution has a two-step process for amendments, state constitutions offer multiple paths for amendments, which are generally easier to change. Amendments can be proposed by legislatures, citizens, conventions, and commissions.
State legislatures are responsible for the majority of constitutional amendments approved each year, with over 80% generated by this body. The requirements for legislatures to craft amendments vary by state, with some requiring a simple majority, while others demand a supermajority legislative support. Additionally, certain states only need approval in a single session, while others mandate support in two consecutive sessions. The simplest route for legislative approval is to allow amendments to be passed by a majority vote in a single session, which is possible in 10 states.
Citizens can also initiate amendments, although they constitute less than 20% of the amendments adopted annually across the country. These citizen-led amendments must be ratified by a simple majority of voters in most states, while a supermajority is required in several others. Nevada stands out with an additional requirement: citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
Conventions have played a significant role in amending state constitutions, whether framing inaugural constitutions or making revisions and adopting piecemeal amendments. In the context of the federal Constitution, a national convention of the states has never been convened to propose amendments, despite being a valid option.
Commissions are another avenue for proposing amendments, particularly in certain states. Florida is unique in this regard, as it empowers two separate commissions to place amendments directly on the ballot for voter approval. The Constitution Revision Commission and the Taxation and Budget Reform Commission meet every 20 years on a staggered schedule, ensuring that one of them meets every 10 years. The latter commission is restricted to proposing amendments related to tax and budget matters.
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