Isabella Carter
The process of amending the United States Constitution is outlined in Article V of the Constitution. Since its drafting in 1787, the Constitution has been amended 27 times, including the first 10 amendments, known as the Bill of Rights. Amending the Constitution is a challenging and time-consuming process. A proposed amendment must be passed by 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 proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states. The authority to administer the ratification process lies with the Archivist of the United States, who has delegated many duties to the Director of the Federal Register.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment certification | Archivist of the United States |
| Number of amendments | 27 since 1787 |
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What You'll Learn
The authority to amend the Constitution
A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states (38 out of 50 states). This can be achieved through a joint resolution, which is forwarded directly 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, as well as assembling an information package for the states.
Alternatively, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, this has never happened. Once an amendment is ratified, the OFR verifies the authenticated ratification documents and 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 the President does not have a constitutional role in the amendment process, they may witness the signing of the certification, which has become a ceremonial function attended by dignitaries. The process of amending the Constitution is carefully outlined to ensure that any changes made are significant and have a lasting impact on the nation.
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The role of Congress in proposing amendments
The United States Constitution outlines two methods for proposing amendments. The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This process, outlined in Article V of the Constitution, has been the path for all 27 amendments ratified thus far. The role of Congress in this process is significant and involves several steps.
Firstly, Congress must propose an amendment in the form of a joint resolution. This resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the States, which includes formal copies of the joint resolution.
Once the OFR has completed its initial tasks, the proposed amendment is submitted to the States for their consideration. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. They send a letter of notification along with the informational material to each State Governor. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
The States play a vital role in the next stage of the process. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who forwards it to the Director of the Federal Register. The OFR examines these ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The final stage of the process involves the OFR verifying that it has received the required number of authenticated ratification documents. Once this threshold is met (currently, three-fourths of the States or 38 out of 50 States), 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 then 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.
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Ratification by state legislatures
The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who is at the helm of the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process as per 1 U.S.C. 106b. Notably, neither Article V of the Constitution nor 1 U.S.C. 106b outline the ratification process in detail.
Once an amendment is proposed by Congress, the original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then compiles 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 then 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.
At this stage, governors formally submit the amendment to their state legislatures or call for a convention, depending on the specifications provided by Congress. In some instances, state legislatures have not awaited official notification before taking action on a proposed amendment. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is promptly conveyed to the Director of the Federal Register.
The OFR examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If these documents are in order, the Director acknowledges receipt and retains custody of them until an amendment is either adopted or fails. Once an amendment is adopted, the documents are transferred to the National Archives for preservation. A proposed amendment is officially incorporated into the Constitution when it is ratified by three-fourths of the states (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 the validity of the amendment. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official confirmation of the amendment's ratification to Congress and the nation.
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The President's involvement
The process of amending the Constitution of the United States is derived from Article V of the Constitution. While the President does not have a constitutional role in the amendment process, they have played a ceremonial and ministerial role in transmitting and witnessing the certification of amendments.
The process of amending the Constitution begins with a proposal by Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention called for by two-thirds of the State legislatures can propose an amendment. However, in the history of the United States, all amendments have been proposed by Congress.
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 adds legislative history notes, publishes the joint resolution, and assembles an information package for the States.
The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. 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 Bill of Rights, to the states for ratification after Congress approved them.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including 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. Additionally, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, even though his signature was not constitutionally required.
In summary, while the President does not have a formal constitutional role in issuing a constitutional amendment, they have played a ceremonial and ministerial role in certain instances throughout history. The President's involvement has been primarily in transmitting proposed amendments to the states and witnessing the certification of amendments.
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Article V's procedures
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 the Constitution was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted in 1791 and are known as the Bill of Rights.
Article V establishes two methods for proposing amendments to the Constitution. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for two-thirds of the state legislatures to request that Congress call a constitutional convention to propose amendments. However, in practice, all amendments have been proposed by Congress, and no amendments have been proposed by a constitutional convention.
Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. 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 of the duties associated with this function to the Director of the Federal Register. After the required number of states have ratified the amendment, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
While Article V sets forth the procedures for amending the Constitution, some scholars argue that it is not the exclusive method for amending the Constitution. For example, legal scholar Akhil Reed Amar has argued that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.
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Frequently asked questions
The legislative branch, through Congress, issues a constitutional amendment.
Congress proposes an amendment in the form of a joint resolution. This requires a two-thirds majority vote in both the House of Representatives and the Senate.
The proposed amendment 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. The OFR also assembles an information package for the states.
A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). The OFR verifies the receipt of the required number of authenticated ratification documents, then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
