Simone Lawson
The United States Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution, which describes a two-step process of proposing and ratifying amendments. Amendments can 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 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. This process is designed to be difficult, ensuring the longevity of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Three-fourths of the states (38 out of 50) |
| Number of amendments | 27 |
| First 10 amendments | Bill of Rights, ratified on December 15, 1791 |
Explore related products
What You'll Learn
Article V of the US Constitution
The process of amending the Constitution involves Congress proposing an amendment in the form of a joint resolution. This resolution does not require the signature or approval of the President. Instead, the original document is forwarded to the National Archives and Records Administration (NARA) for processing and publication in the Federal Register. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. However, the specific details of the ratification process are not outlined in Article V or the relevant legal codes.
Once an amendment is proposed, the Governors formally submit it to their State legislatures or call for a convention, depending on Congress's specifications. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who delegates many duties to the Director of the Federal Register. The Office of the Federal Register (OFR) examines ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid, which is published in the Federal Register and serves as official notice to Congress and the Nation. This certification has become a ceremonial function attended by dignitaries, including the President in recent history. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention, and Congress has proposed six amendments that have not been ratified by the states.
Amendment History: 17th Amendment's Addition to the Constitution
You may want to see also
The role of the Archivist
The Archivist of the United States plays a crucial role in the process of amending the US Constitution. The Archivist, as the head of the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. This responsibility is derived from Article V of the Constitution and the relevant statutory provisions.
One of the key duties of the Archivist is to manage the constitutional amending process. This includes submitting Congress's proposed amendments to the states for ratification and collecting state ratifications. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity.
Once 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. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete. The Archivist's certification of the legal sufficiency of ratification documents is considered final and conclusive.
In addition to their role in the amendment process, the Archivist of the United States has other significant responsibilities. They are responsible for the supervision and direction of the National Archives, including maintaining custody of important documents such as joint resolutions, acts of Congress, and Electoral College documents related to presidential elections. The Archivist has delegated many of the ministerial duties associated with these functions to the Director of the Federal Register.
Amendments: Their Home in the North Carolina Constitution
You may want to see also
Ratification by states
The US Constitution outlines the process for amending the document in Article V. The amendment process begins with a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose an amendment. Once an amendment is proposed, it is sent to the states for ratification.
Ratification by the states is the process by which an amendment to the US Constitution is approved and adopted by the individual state legislatures. The process of ratification 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 process to the Director of the Federal Register, who follows established procedures and customs.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This process can occur through two methods: the state legislature or a state convention. 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 for examination and authentication. The Office of the Federal Register (OFR) examines ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
In the past, some state legislatures have not waited for official notice before taking action on a proposed amendment. Additionally, states have occasionally sent documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. Once 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. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
The process of ratifying the original US Constitution by the states was a long and arduous journey. The Constitution was drafted during a four-month Constitutional Convention in Philadelphia, Pennsylvania, from May 25 to September 17, 1787. The document was then sent to the states for ratification, requiring approval by nine of the 13 existing states to become the official framework of the US government. Delaware was the first state to ratify the Constitution on December 7, 1787, followed by eight other states over the next year and a half. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, making it the official governing document of the United States. The remaining four states eventually ratified the Constitution by May 29, 1790.
The Eighth Amendment: Understanding the Right to Reasonable Bail
You may want to see also
Explore related products
The amendment proposal process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of proposing an amendment is a difficult and time-consuming task. A proposal must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process.
Once an amendment is proposed by Congress, 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, sending a letter of notification to each Governor along with informational material. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who then conveys it to the Director of the Federal Register. The Director 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.
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). 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. 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.
It is important to note that none of the 27 amendments to the Constitution have been proposed by constitutional convention. All of them were submitted to the States upon the vote of the requisite majorities in Congress.
Understanding Constitutional Amendments: What's the Change?
You may want to see also
The difficulty of amending the Constitution
The United States Constitution is widely regarded as one of the most difficult constitutions to amend in the world. The process of amending the Constitution is intentionally challenging and time-consuming. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". The framers of the Constitution made it difficult to amend to ensure its longevity.
The process of amending the Constitution is outlined in Article V of the Constitution. An amendment can 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 proposed, an amendment must be ratified by three-fourths of the state legislatures (38 out of 50 states) to become part of the Constitution. This ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The high threshold for passage and ratification makes it challenging to amend the Constitution. The requirement for a supermajority in Congress and the need for a broad consensus among states ensure that only significant and widely supported changes become amendments. This process is designed to prevent hasty or partisan changes to the nation's foundational document. However, it also means that even widely supported proposals may fail to become amendments. For example, supporters of congressional term limits and a balanced budget amendment have been unsuccessful in their efforts to secure new amendments despite significant backing.
Despite the challenges, the amendment process has been successfully navigated 27 times since the Constitution was drafted in 1787, including the first 10 amendments adopted as the Bill of Rights. While the process is deliberately difficult, it is not impossible, and amendments have been made to secure the rights of citizens and make significant changes affecting all Americans.
The US Constitution's Eighth Amendment: History and Impact
You may want to see also
Frequently asked questions
Article V of the US Constitution describes the procedure for altering the Constitution.
Article V outlines that amendments may be proposed either 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 state legislatures.
After an amendment is proposed, it must be ratified by three-fourths (38 out of 50) of the states. Congress decides whether a proposed amendment is sent to state legislatures or state ratifying conventions for ratification.
There have been 27 amendments to the US Constitution since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights.
