Omar Bennett
The United States Constitution derives its authority to be amended from Article V, which outlines two methods for doing so. The first method, which has been used for all amendments thus far, requires a two-thirds majority vote in both the House and the Senate to propose an amendment. Alternatively, Article V provides that Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method has never been used. After an amendment is proposed, it must be ratified by either three-quarters of state legislatures or ratifying conventions in three-quarters of states. The Archivist of the United States administers the ratification process, which has been delegated to the Director of the Federal Register.
| Characteristics | Values |
|---|---|
| Article of the Constitution that allows it to be amended | V |
| Number of amendments made to the Constitution | 27 |
| Number of amendments made since the Civil War | 4 |
| Authority to amend the Constitution | Congress |
| Congress vote required to propose an amendment | Two-thirds majority in both the House of Representatives and the Senate |
| Number of States required to ratify an amendment | 38 of 50 (three-quarters) |
| Subjects that cannot be amended | No State shall be deprived of its equal Suffrage in the Senate without its Consent; no Amendment made prior to 1808 could affect the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves |
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What You'll Learn
The role of Congress in proposing Amendments
Article V of the Constitution of the United States outlines the procedures for amending the Constitution. It establishes two methods for proposing amendments:
Method 1: Congressional Proposal
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. This is the only method that has been used thus far, with Congress proposing thirty-three amendments to the states for potential ratification. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification.
Method 2: Constitutional Convention
The second method outlined in Article V allows for a bypass of Congress. It states that "on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments." This method has never been used, and there are ongoing debates about the specifics of this process, such as whether Congress must call a convention upon receiving the requisite number of state applications.
After an amendment is proposed by either of these methods, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The Archivist of the United States plays a crucial role in this process, administering the ratification process and certifying the validity of state ratification actions.
It is important to note that the President does not have a constitutional role in the amendment process, and the Supreme Court has affirmed that the submission of a constitutional amendment does not require the President's action.
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Ratification by three-quarters of State legislatures
Article V of the United States Constitution outlines the procedures for amending the Constitution. It provides two methods for amending the nation's frame of government.
The first method, which has been used for every amendment so far, authorises Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment 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-quarters of the states (38 out of 50). This process is known as "ratification by three-quarters of State legislatures".
The second method, which has never been used, allows the states to bypass Congress. Article V states that "on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments". In other words, if two-thirds of the state legislatures request it, Congress must call a convention to propose amendments. These proposed amendments are then sent directly to the states for ratification, bypassing Congress. Again, three-quarters of the states must ratify the amendment for it to become part of the Constitution.
It is important to note that Article V gives Congress the authority to choose the mode of ratification. An amendment can be ratified by either the state legislatures or ratifying conventions in three-quarters of the states, depending on what Congress specifies. This choice lies solely with Congress and has been affirmed by the Supreme Court.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services.
In conclusion, "ratification by three-quarters of State legislatures" refers to the process by which an amendment to the Constitution is approved by the legislatures of three-quarters of the states. This can be done through the traditional process of Congress proposing an amendment or through the alternative method of a convention proposed by two-thirds of the states. Ultimately, three-quarters of state approval is required for an amendment to become part of the Constitution.
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The unamendable subjects
Article V of the US Constitution outlines the procedures for amending the Constitution. It states that two-thirds of both Houses of Congress can propose amendments, or two-thirds of state legislatures can apply for Congress to call a convention for proposing amendments. In either case, three-quarters of the states must ratify the amendment for it to become part of the Constitution.
Article V also makes certain subjects unamendable. Firstly, no amendment made before 1808 could affect the limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. This limitation has now expired. Secondly, and still in effect, no amendment can deprive a state, without its consent, of equal suffrage in the Senate.
Scholars have debated whether the equal suffrage requirement could be removed in two steps: first, by amending the Constitution to repeal the limitation, and second, by amending the document to alter equal suffrage. However, this would still violate Article V's plain language, which states that a state cannot be deprived of equal suffrage without its consent.
Article V, however, does provide that a state's body politic may consent to no longer having equal suffrage. The "will of the people" cannot deprive an unconsenting state of equal suffrage.
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The role of the Archivist of the United States
Article V of the US Constitution outlines the procedures for amending the Constitution. It states that two-thirds of both Houses of Congress must propose Amendments, or two-thirds of the state legislatures must apply for Congress to call a Convention for proposing Amendments. In either case, three-quarters of the states must ratify the Amendments for them to become part of the Constitution.
The Archivist of the United States plays a crucial role in the constitutional amendment process. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA). They are responsible for supervising and directing the National Archives, which involves preserving government records and making them accessible to the public. In the context of constitutional amendments, the Archivist is responsible for administering the ratification process. This includes submitting proposed amendments to the states for their consideration and receiving original or certified copies of state actions once a state ratifies a proposed amendment. The Archivist also maintains custody of state ratifications of amendments and issues a certificate proclaiming a particular amendment duly ratified and part of the Constitution when three-quarters of the states approve. Additionally, the Archivist has duties related to the custody of Electoral College documents during presidential elections.
The current Archivist of the United States is Dr. Colleen Shogan, who assumed office in May 2023. She is the 11th Archivist and the first woman to hold the position permanently. The Archivist is appointed by the President and works closely with other officials, such as the Director of the Federal Register, to carry out their duties.
The National Archives and Records Administration (NARA) is a federal agency with approximately 3,000 employees across 36 facilities in the United States. These employees include archivists, archives technicians, conservators, records managers, and volunteers, all of whom play a vital role in preserving and providing access to the nation's historical records.
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The President's non-involvement
Article V of the US Constitution outlines the procedures for amending the Constitution. 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 NARA's Office of the Federal Register (OFR) for processing and publication.
The Constitution does not specifically establish a role for the President in amending the Constitution. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them.
In the 1920 case Hawke v. Smith, the Supreme Court characterised the Court's decision in Hollingsworth as having "settled" that "submission of a constitutional amendment did not require the action of the President". President Jimmy Carter signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment despite being advised that his signature was unnecessary. Therefore, the Court appears to have adopted the view that the President cannot veto a proposed amendment.
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. 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
Article V of the US Constitution allows for amendments to be made.
The process for amending the Constitution is as follows: First, two-thirds of both Houses of Congress must propose and approve a constitutional amendment in the form of a joint resolution. Then, the joint resolution is sent to the National Archives and Records Administration (NARA) for processing and publication. NARA then submits the proposed amendment to the states for their consideration. The states then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. Finally, the amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
Some critics argue that the amendment process is too strict and biased in favor of the federal government, making it difficult to secure the required approval of two-thirds of both Houses of Congress and three-quarters of the states. There is also a concern about the potential for a "runaway convention," where a convention is called to propose amendments on one subject but then proposes them on other matters.
Legal scholars generally agree that the amending process outlined in Article V can be amended using the same procedures laid out in the article. However, there is disagreement over whether Article V is the exclusive means of amending the Constitution.
Yes, the last two sentences of Article V make certain subjects unamendable. Specifically, it states that no amendment made prior to 1808 could affect the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. Additionally, it states that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
