Jonah Patel
The United States Constitution is a living document that has been amended numerous times since its inception to reflect the evolving nature of American society. Amending the Constitution is a complex process outlined in Article V, which offers two methods for proposing amendments. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can apply for Congress to call a constitutional convention to propose amendments. In both scenarios, three-quarters of the states must ratify the amendment for it to become part of the Constitution. The process is deliberately challenging, ensuring that any changes to the Constitution reflect the values and needs of the nation as a whole.
| Characteristics | Values |
|---|---|
| Number of ways Congress can amend the Constitution | 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 |
| Who proposes an amendment | Congress |
| Who calls for a convention | Congress |
| Who decides which way to ratify an amendment | Congress |
| Who ratifies the amendment | Three-fourths of the State legislatures or conventions |
| Who administers the ratification process | Archivist of the United States |
| Who examines ratification documents | Director of the Federal Register |
| Who drafts a formal proclamation when enough ratification documents are received | OFR |
| Who certifies that the amendment is valid and has become part of the Constitution | Archivist |
| Where is the certification published | Federal Register and U.S. Statutes at Large |
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What You'll Learn
- Two-thirds majority vote in both the House of Representatives and the Senate
- A constitutional convention called for by two-thirds of state legislatures
- Ratification by three-quarters of state legislatures
- Ratification by conventions in three-quarters of state legislatures
- The President's role in the amendment process
Two-thirds majority vote in both the House of Representatives and the Senate
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress can propose an amendment to the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. This is a significant hurdle, as it requires a substantial level of agreement across political divides. This process has been used to propose thirty-three constitutional amendments, demonstrating its importance in shaping the nation's laws and principles.
The two-thirds majority vote in both chambers of Congress is a critical step in the amendment process. It ensures that any changes to the Constitution reflect the consensus of a supermajority in both houses, thus safeguarding against hasty or partisan alterations to the nation's foundational document. This step is just the beginning of the amendment process, as the proposed amendment then undergoes a rigorous review and ratification process.
The process begins with Congress proposing an amendment in the form of a joint resolution. This resolution does not require the signature or approval of the President, as the amendment process is independent of executive influence. Instead, the original document is forwarded to the National Archives and Records Administration (NARA) for further action. This step underscores the importance of congressional consensus in initiating the amendment process.
After Congress proposes an amendment with a two-thirds majority vote, the Archivist of the United States, who heads NARA, assumes responsibility for administering the ratification process. The Archivist has delegated many ministerial duties to the Director of the Federal Register, who ensures the amendment's legal sufficiency and authenticity. This stage involves meticulous scrutiny and adherence to established procedures.
The proposed amendment then undergoes ratification, where it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This process can occur through state legislatures or conventions specifically called for this purpose, depending on Congress's specifications. The ratification process is a critical check against congressional power, as it empowers states to have a decisive say in shaping the Constitution.
While the two-thirds majority vote in Congress is a crucial first step, it is essential to recognise that the amendment process extends beyond Congress. The involvement of NARA, the Federal Register, and the states ensures a comprehensive and deliberative approach to amending the nation's foundational document. This multi-step process safeguards the integrity of the Constitution and ensures that any changes reflect the values and interests of a broad cross-section of the country.
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A constitutional convention called for by two-thirds of state legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. One of the two methods of amending the Constitution involves a constitutional convention called for by two-thirds of the state legislatures. This method has never been used in US history.
Article V states that whenever two-thirds of both houses deem it necessary, Congress shall propose amendments to the Constitution. Alternatively, on the application of two-thirds of the state legislatures, Congress shall call a convention for proposing amendments. In both cases, the proposed amendments are valid and considered part of the Constitution when ratified by three-fourths of the states.
The process of calling for a constitutional convention begins with the state legislatures. The legislatures formally submit the proposed amendment to their state governors or call for a convention, depending on Congress's specifications. Some state legislatures have taken action on a proposed amendment without waiting for official notice from Congress.
Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with the amendment process to the Director of the Federal Register. The Director examines the 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.
After receiving the required number of authenticated ratification documents, 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 is complete.
While Article V outlines specific procedures for amending the Constitution, it is important to note that the US constitutional system has evolved through adaptations made by Congress, the President, the courts, and the people's changing understandings. These adaptations have resulted in a constitutional system that functions differently from what is written in the Constitution.
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Ratification by three-quarters of state legislatures
The authority to amend the U.S. Constitution is derived from Article V of the Constitution. Congress can propose an amendment to the states, but for this to happen, two-thirds of each House of Congress must vote for it.
Once an amendment is proposed by Congress, it is sent to the states for ratification. An amendment can be ratified by the state legislature—the part of the state government that enacts laws for the state. Ratification by three-quarters of the state legislatures (38 out of 50 states) is required for an amendment to become part of the Constitution.
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 of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately 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. Once the OFR verifies that it has received the required number of authenticated 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 and serves as official notice to Congress and the nation that the amendment process has been completed.
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Ratification by conventions in three-quarters of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. After an amendment is proposed, it is sent to the states for ratification.
One method of ratification is through conventions in three-quarters of state legislatures. This means that conventions are held in individual states, and the proposed amendment is considered and voted on by the members of the state legislatures. Each state legislature can choose to ratify or reject the amendment. Once three-quarters of the states (38 out of 50) have ratified the amendment, it becomes part of the Constitution.
The process of calling for a convention and ratifying an amendment through state legislatures is outlined in Article V. This method allows for direct participation of state legislators in amending the Constitution. It provides an alternative to the other method of ratification by state legislatures without the need for a convention.
It is important to note that, historically, all amendments except the Twenty-First Amendment have been ratified by state legislatures without conventions. The process of amending the Constitution is deliberately designed to be challenging, requiring a high level of consensus at both the congressional and state levels. This ensures that any changes made to the Constitution reflect the will of the people and are carefully considered.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works in conjunction with the Director of the Federal Register to ensure the smooth facilitation of the amendment process.
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The President's role in the amendment process
The President does not have a constitutional role in the amendment process. As such, any joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.
Despite this, there have been instances of Presidents playing an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for its proposal or ratification. Similarly, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, which may include 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.
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Frequently asked questions
Congress can amend the Constitution by proposing an amendment that is then ratified by the states. Alternatively, two-thirds of state legislatures can call a constitutional convention to propose an amendment, which is then ratified by the states.
Two-thirds of both the House of Representatives and the Senate must vote in favor of the amendment.
Three-quarters of the states (38 out of 50) must ratify the amendment.
The OFR drafts a formal proclamation for the Archivist of the United States 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.
No, all amendments to the Constitution have been proposed by Congress.
