Isabella Carter
There are two ways to ratify the constitution. The first is that two-thirds of both the House of Representatives and the Senate propose and vote on a constitutional amendment. This sends the proposed amendment to the states for ratification. Three-fourths of the states must then ratify the proposed amendment, either by their legislatures or through special ratifying 'conventions'. The second way is that two-thirds of state legislatures ask Congress to call a convention for proposing amendments. States send delegates to this convention, where they can propose amendments to the Constitution. Again, three-fourths of the states must then ratify a given amendment approved by the convention, either by their legislatures or special ratifying conventions.
| Characteristics | Values |
|---|---|
| Mode of ratification | Determined by Congress |
| Time limit for ratification | No time limit mentioned in Article V, but the 18th Amendment (Prohibition) had a seven-year deadline |
| Traditional constitutional amendment process | Congress passes a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives, then sends it to the states for ratification by a vote of the state legislatures |
| Alternative process | If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments |
| Ratification process | A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states |
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What You'll Learn
The traditional constitutional amendment process
The mode of ratification is determined by Congress, and in neither of these two processes is a vote by the electorate applicable to the ratification of a constitutional amendment. Article V makes no mention of a time limit for the ratification of a constitutional amendment, and no amendment before the 20th century had a time limit attached to it. The first amendment with a time limit was the 18th Amendment (Prohibition), proposed in 1917. For political reasons, Congress included an arbitrarily chosen seven-year deadline in Section 3. The amendment was also the first to include a time delay before it would take effect, in that case one year after the date of ratification.
Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. This alternative process has its backers, including retired federal judge Malcolm R. Wilkey, who has called for a new convention, saying:
> 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.
Once 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 found to be in good order, the Director acknowledges receipt and maintains custody of them.
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Ratification by state legislatures
The process of ratification by state legislatures is time-consuming and difficult. A proposed amendment must be passed by two-thirds of both houses of Congress before it can even be sent to the states for ratification. Once an amendment has been ratified by the required number of states, the state sends the Archivist an original or certified copy of the state action. This copy is then conveyed to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
The ratification process for the ERA Amendment in the 1980s, for example, did not pass the necessary majority of state legislatures. This demonstrates the challenge of achieving ratification by state legislatures and the importance of ensuring broad support for a proposed amendment across a significant number of states.
It is worth noting that Article V of the Constitution provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. This option allows for a different approach to amending the Constitution, recognising the potential need for a more inclusive and comprehensive discussion on significant constitutional changes.
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Ratification by state convention
The state legislatures would formally submit the amendment to their state governors, who would then either submit it to their state legislatures or call for a convention, depending on what Congress has specified.
If a state convention is called, it would be convened for the purpose of voting on the amendment. The amendment would become part of the Constitution if it is ratified by three-quarters of the states.
This process is outlined in Article V of the Constitution, which describes the traditional constitutional amendment process.
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The amendment process
The first step is for Congress to pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. The amendment is then sent to the states for ratification by a vote of the state legislatures.
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 good order, the Director acknowledges receipt and maintains custody of them.
Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. A new Constitutional Convention has never happened, but the idea has its backers.
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The role of Congress
The second process, which has never been utilised, involves Congress calling a constitutional convention for proposing amendments. This convention can be requested by two-thirds of the state legislatures. While this process has never been used, some backers, including retired federal judge Malcolm R. Wilkey, have called for a new convention to address issues of gridlock, excessive influence by interest groups, and members of Congress focusing too much on re-election.
Congress also plays a role in specifying the process by which states submit amendments for ratification. This can be done either through the governor formally submitting the amendment to the state legislature or by the state calling for a convention. In some cases, state legislatures have not waited for official notice before taking action on a proposed amendment.
Overall, the role of Congress is central to the ratification process, from determining the mode of ratification to passing proposed amendments and receiving ratification documents from the states.
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Frequently asked questions
The traditional way to ratify the constitution is for Congress to pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. This is then sent to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths of the states.
A second way to ratify the constitution is for two-thirds of the state legislatures to ask Congress to call a constitutional convention. This has never happened before.
The traditional way to ratify the constitution is for Congress to pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. This is then sent to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths of the states.
The second way to ratify the constitution is for two-thirds of the state legislatures to ask Congress to call a constitutional convention. This has never happened before.
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