Simone Lawson
The United States Constitution was designed to be a durable document, with a challenging amendment process. Article V of the Constitution outlines two methods for amending the document. Firstly, a two-thirds majority in both the House of Representatives and the Senate can propose an amendment. Alternatively, two-thirds of state legislatures can request Congress to call a convention for proposing amendments. Once proposed, an amendment must be ratified by three-fourths of state legislatures to become part of the Constitution. This process has only been completed 27 times since 1787, indicating the difficulty of amending the Constitution.
| Characteristics | Values |
|---|---|
| Number of ways | 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 |
| Ratification | Three-fourths of the States (38 of 50 States) must ratify the proposed amendment for it to become part of the Constitution |
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What You'll Learn
Amendments proposed by Congress
The United States Constitution was designed to be a durable document, with a difficult amendment process. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The Archivist's role is primarily ministerial, and many duties have been delegated to the Director of the Federal Register.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). States send authenticated ratification documents to the OFR, which verifies that the required number has been received. The Archivist then certifies 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. While the President does not have a constitutional role in the amendment process, they may witness the certification of amendments.
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Ratification by three-fourths of state legislatures
The United States Constitution was crafted with the intention of enduring for ages to come, and amending it has proven to be a challenging and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted simultaneously as the Bill of Rights.
One of the two methods outlined in Article V of the Constitution for amending this foundational document involves ratification by three-fourths of the state legislatures. This process begins with Congress proposing an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR plays a crucial role in preparing an information package for the states, which includes formal copies of the joint resolution.
The proposed amendment then undergoes the ratification process, where it must be ratified by the legislatures of three-fourths of the states, which currently equates to 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. The OFR verifies the receipt of authenticated ratification documents from the required number of states before drafting a formal proclamation.
This proclamation is then certified by the Archivist of the United States, who heads the NARA, or their delegate, the Director of the Federal Register. The certification confirms that the amendment has met all legal requirements and is now officially part of the Constitution. The certification ceremony has, in recent times, taken on added significance with the attendance of dignitaries, including the President on certain occasions. The certification is published in the Federal Register, serving as official notice to Congress and the nation that the amendment process is complete.
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Amendments proposed by a convention
The Constitution of the United States can be amended in two ways, as outlined in Article V. One of these methods is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The other method is for amendments to be proposed by a convention called for by two-thirds of state legislatures.
Once the convention is called, it serves as a forum for debating and crafting potential amendments to the Constitution. The convention participants, which could include representatives from each state, would discuss and develop specific amendment proposals. This process allows for direct participation from the states in shaping any proposed changes to the Constitution.
After the convention proposes amendments, they must be ratified to become part of the Constitution. Congress determines the mode of ratification, which can be through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. This choice of ratification method ensures that any amendment proposed by a convention receives broad support from the states and aligns with their interests.
The 1933 ratification of the 21st Amendment is the only instance in American history where the method of state ratifying conventions was used. While the process of amendments proposed by a convention has not been invoked, it remains a viable option for amending the Constitution. It empowers the states to initiate the amendment process and ensures their direct involvement in shaping any proposed changes.
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Ratification by conventions in three-fourths of states
The United States Constitution was written to endure for ages, and the framers made amending the document a difficult task. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V sets forth two methods for amending the nation's frame of government. The first method, which has been used for all amendments thus far, authorizes Congress to propose amendments whenever two-thirds of both Houses deem it necessary.
The second method for amending the Constitution involves ratification by conventions in three-fourths of the states. This method has never been used. It requires Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method gives power to the states to propose amendments, rather than Congress.
Once an amendment is proposed through this method, it must be ratified by conventions in three-fourths of the states. This means that 38 out of 50 states must approve the amendment for it to become part of the Constitution. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The process of amending the Constitution through ratification by conventions in three-fourths of states is challenging and time-consuming. It requires significant coordination and agreement among a large number of states. This method of ratification may be proposed by Congress as an alternative to ratification by state legislatures.
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The President's role in the process
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, the original document 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. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment along with three young scholars.
The OFR verifies that it has received the required number of authenticated ratification documents, then 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
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Frequently asked questions
The US Constitution can be amended in two ways, as outlined in Article V. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. The second method involves calling a constitutional convention at the request of two-thirds of the state legislatures.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in one of two ways: either through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states.
Since the US Constitution was drafted in 1787, it has been amended 27 times, including the first 10 amendments, known as the Bill of Rights.
Congress plays a crucial role in the amendment process. It can propose amendments with a two-thirds majority vote in both houses, and it also determines the mode of ratification, choosing between ratification by state legislatures or ratifying conventions.
