Simone Lawson
Article V of the U.S. Constitution outlines the process for amending the nation's supreme law. It provides two methods for proposing amendments: the first method authorises Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, to propose amendments; the second method requires Congress, at the request of two-thirds of state legislatures, to call a convention for proposing amendments. In either case, an amendment becomes part of the Constitution when ratified by three-quarters of the states, either through their legislatures or ratification conventions.
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What You'll Learn
Amendments proposed by Congress
Article V of the U.S. Constitution outlines the process by which the Constitution may be amended. Amendments can be proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. Congress has proposed amendments in the form of a joint resolution, which does not require the signature or approval of the President.
Once an amendment is proposed by Congress, it is forwarded 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. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
The proposed amendment is then submitted to the states for their consideration. The OFR sends a letter of notification to each state governor, along with the informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur in one of two ways, as determined by Congress: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions conducted in three-quarters of the states. The vote of each state carries equal weight, regardless of population or length of time in the Union.
It is important to note that Article V also includes limitations on amendments. It prohibits amendments made prior to 1808 from affecting the first and fourth clauses in the ninth section of the first article. Additionally, it protects the equal suffrage of states in the Senate, ensuring that no state can be deprived of this right without its consent.
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Ratification by state legislatures
Article V of the U.S. Constitution outlines the process for amending the Constitution. It provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is submitted to the states for their consideration. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
State legislatures play a crucial role in the ratification process. After receiving a proposed amendment, a state legislature can choose to ratify it. To become part of the Constitution, an amendment must be ratified by the legislatures of three-quarters of the states (38 out of 50 states). This process is known as ratification by state legislatures.
State legislatures have the power to decide whether to ratify a proposed amendment. The vote of each state carries equal weight, regardless of its population or length of time in the Union. Once a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process.
The ratification process by state legislatures allows for direct input from the representatives of each state. It ensures that any amendment to the Constitution reflects the will of a significant majority of the states and protects the interests of individual states in the amendment process.
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Ratification by conventions
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. According to Article V, amendments can be proposed by either Congress or a convention called for by two-thirds of the state legislatures.
If the ratification by conventions route is chosen, three-quarters of the states must hold conventions and vote to ratify the amendment. The vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of the state's population or length of time in the Union.
The process of calling for a convention to propose amendments is a way for states to bypass Congress. However, despite being an option, no amendments have been proposed by a constitutional convention. The Twenty-Seventh Amendment, which was ratified by conventions, was proposed by Congress and not by a convention.
The Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration, and the states then decide whether to ratify the amendment through their legislatures or by calling for a convention, depending on what Congress has specified. Once an amendment is ratified by three-quarters of the states, the Archivist certifies that the amendment is valid and has become part of the Constitution.
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The role of the Archivist
Firstly, the Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with informational material prepared by the OFR. This step formally initiates the process of seeking ratification by the states. The Archivist ensures that each Governor is informed and provided with the necessary information to consider the proposed amendment.
Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State's action. The Archivist then conveys this documentation to the Director of the Federal Register for examination and verification. This step ensures that the ratification documents are complete and legally sufficient, including the presence of an authenticating signature.
When the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the States), 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 a critical step in the process, as it serves as official notice to Congress and the Nation that the amendment process has been successfully completed. The Archivist's certification is final and conclusive, providing assurance that the amendment meets the necessary requirements to become part of the Constitution.
While the Archivist does not make substantive determinations regarding the validity of State ratification actions, they play a vital role in facilitating the ratification process, ensuring proper documentation, and providing official certification of the amendment's validity. Their role helps maintain the integrity and transparency of the constitutional amendment process in the United States.
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The convention option
Article V of the U.S. Constitution outlines the process for amending the Constitution. It provides two methods for proposing amendments, one of which is the convention option.
When this option is exercised, Congress, on the application of two-thirds of the state legislatures, is mandated to call a convention for proposing amendments. The convention can then propose amendments, regardless of whether Congress approves of them or not. The proposed amendments are subsequently sent to the states for ratification.
To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The mode of ratification is determined by Congress. It is worth noting that, historically, with the exception of the Twenty-First Amendment, all amendments have been ratified by state legislatures.
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Frequently asked questions
Article V of the US Constitution describes the procedure for altering the Constitution.
Amendments to the US Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Yes, a convention for proposing amendments can be called by Congress at the request of two-thirds of the state legislatures.
After amendments are proposed, they are sent to the states for ratification.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states.
