Amending The Constitution: A Step-By-Step Guide

Article V of the United States Constitution outlines the process to amend the document. The process involves proposing an amendment and subsequent ratification. 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 by Congress at the request of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of state legislatures or by ratifying conventions in three-fourths of states. The President does not have a constitutional role in the amendment process.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$103.15 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

Article V outlines the amendment process

Article V outlines the process to amend the United States Constitution. It establishes two methods for proposing amendments. The first method involves Congress, with a two-thirds majority in both the House of Representatives and the Senate, proposing amendments. The second method, which has never been used, involves a convention for proposing amendments called by Congress at the request of two-thirds of state legislatures.

Once an amendment is proposed, it must be ratified. Ratification can occur in two ways: by legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. The mode of ratification is determined by Congress. After ratification, the Archivist of the United States administers the ratification process, officially notifying each state governor that an amendment has been proposed. The amendment becomes operative once ratified by the required number of states, and no further action is needed.

Article V also includes provisions preventing certain subjects from being amended. Amendments made before 1808 could not affect specific clauses in the Ninth Section of the First Article, and no state could be deprived of equal suffrage in the Senate without its consent.

Since 1789, Congress has proposed 33 amendments, 27 of which have been ratified by the states. The process is challenging and time-consuming, ensuring the Constitution's longevity.

Congress proposes amendments

The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is intentionally difficult and time-consuming. Since 1789, the first method for crafting and proposing amendments has been used. All 33 amendments submitted to the states for ratification originated in Congress.

The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. The joint resolution 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. 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 procedure for ratification under 1 U.S.C. 106b.

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR.

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). When 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.

Ratification by three-fourths of states

The process to make a constitutional amendment in the United States is derived from Article V of the Constitution. This article outlines two methods for proposing amendments and two methods for states to ratify them.

The first method of proposing an amendment requires a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used for all 33 amendments submitted to the states for ratification. The second method, which has never been used, involves a convention called by Congress at the request of two-thirds of state legislatures.

Once an amendment has been proposed, it must be ratified by either three-fourths of state legislatures or by ratifying conventions in three-fourths of states. Congress determines which method the states must follow for ratification. The vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of population size or length of time in the Union.

To date, 27 amendments have been ratified by three-fourths of the states and have become part of the Constitution. This includes the first 10 amendments, known as the Bill of Rights, which safeguard certain individual rights from government interference. The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). Once the required number of authenticated ratification documents is received by NARA's Office of the Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.

The 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 years, the signing of the certification has become a ceremonial event attended by dignitaries, including the President on some occasions.

Explore related products

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$16.7 $26.99

A Companion to the United States Constitution and Its Amendments

$34.65 $45

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

The President has no constitutional role

Article V of the United States Constitution outlines the procedure for altering the Constitution. The process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Notably, the President has no constitutional role in this process.

The amendment process is initiated by Congress, which proposes amendments whenever two-thirds of both Houses deem it necessary. Alternatively, on the application of the legislatures of two-thirds of the States, Congress shall call a Convention for proposing amendments. In either case, the proposed amendment must be ratified by three-fourths of the States to become part of the Constitution. This can be achieved through ratification by the legislatures of three-fourths of the States or by ratifying conventions in three-fourths of the States.

While the President typically signs federal legislation into law, this is not the case for constitutional amendments. The joint resolution proposing an amendment does not require presidential approval before being sent to the states for ratification. This distinction was affirmed by the Supreme Court in Hollingsworth v. Virginia (1798), which established that constitutional amendments do not need to be placed before the President for approval or veto.

The absence of a presidential role in the amendment process underscores the intention to separate the authority for amending the Constitution from the executive power vested in the President. This design ensures that amendments reflect a broad consensus across the nation, representing the will of Congress and a supermajority of states rather than the preferences of a single individual.

Although the President does not have a constitutional role in the amendment process, they may participate in ceremonial functions related to amendments. For example, President Johnson and President Nixon witnessed the certification of amendments, adding a level of presidential recognition to the process.

The Archivist's role in the process

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of a constitutional amendment. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Archivist and the Director follow procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.

Once Congress proposes an amendment in the form of a joint resolution, the original document is forwarded to NARA's 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, copies in slip law format, and the statutory procedure for ratification.

The Archivist then submits the proposed amendment to the States for their consideration by sending a registered letter of notification to each Governor, along with the informational material prepared by the OFR. Each Governor formally submits the amendment to their state's legislature or ratifying convention. An amendment becomes operative when ratified by the necessary number of states (three-fourths or 38 out of 50 States).

Upon 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. The signing of the certification has become a ceremonial function attended by dignitaries, including, on some occasions, the President.

Frequently asked questions