Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the US Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, Congress can call for a constitutional convention at the request of two-thirds of state legislatures. A proposed amendment becomes part of the Constitution once it is ratified by three-quarters of the states.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal by | Congress or a constitutional convention called for by two-thirds of the State legislatures |
| Amendment proposal format | Joint resolution |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment ratification process | Administered by the Archivist of the United States |
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What You'll Learn
Two-thirds majority in both the House of Representatives and the Senate
The United States Constitution derives its authority to amend from Article V, which outlines two methods for amending the Constitution. The first method, which has been used for all 33 amendments submitted to the states for ratification, involves a two-thirds majority vote in both the House of Representatives and the Senate. This process empowers Congress to propose amendments on its own initiative, without requiring the involvement of state legislatures.
To achieve a two-thirds majority in both chambers, Congress must carefully deliberate and negotiate to secure the necessary votes. This high threshold ensures that any proposed amendment has substantial support within Congress and across party lines. It also prevents a simple majority from making sweeping changes to the Constitution without a more comprehensive consensus. This safeguard is crucial, as it helps maintain the stability and integrity of the Constitution, ensuring that it is not easily altered by fleeting shifts in political ideologies.
Once an amendment is proposed by Congress with a two-thirds majority in both houses, it is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA plays a crucial role in this process. They add legislative history notes to the joint resolution and publish it in slip law format, ensuring that the proposed amendment is officially documented and accessible to the public.
The proposed amendment then enters the ratification process, where it must be ratified by either three-quarters of state legislatures or ratifying conventions in three-quarters of the states. This step ensures that any changes to the Constitution reflect the will of a significant majority of the country, not just Congress. As of 2025, 27 amendments have been successfully ratified and incorporated into the Constitution, with none proposed by a constitutional convention.
It is worth noting that while the President does not have a constitutional role in the amendment process, they may witness the certification of an amendment, as seen with President Johnson for the 24th and 25th Amendments and President Nixon for the 26th Amendment. This ceremonial act adds a layer of solemnity and significance to the amendment process.
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A convention called for by two-thirds of state legislatures
Article V of the United States Constitution outlines two methods for amending the nation's framework. 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 has been utilised for all 33 amendments submitted to the states for ratification.
The second method, which has never been used, is a convention called for by two-thirds of state legislatures. This method, also known as the convention option, empowers state legislatures to "erect barriers against the encroachments of the national authority." It provides an alternative mechanism for proposing amendments that bypasses Congress.
When two-thirds of the state legislatures call for a convention, Congress must convene one for the purpose of proposing amendments. This convention can propose amendments independently, without requiring Congress's approval. The proposed amendments are then forwarded 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. This second method of ratification, utilised only once in American history for the 1933 ratification of the Twenty-First Amendment, offers a way for states to have a more direct influence on the amendment process.
The convention option has sparked debates among scholars. Some argue that it allows states to compel Congress to address specific issues by applying for an Article V convention on that topic. Additionally, there are discussions about the scope of an Article V convention, with some scholars suggesting that states can apply for a convention focused on a particular amendment or subject area.
In conclusion, while Congress typically initiates the amendment process with a two-thirds majority vote, Article V also provides for a convention called by two-thirds of state legislatures. This convention option offers an alternative route for proposing amendments and allows states to play a more active role in shaping the Constitution.
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Ratification by three-quarters of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing and ratifying amendments. The first method, which has been used for all 33 amendments submitted to the states for ratification, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this process by adding legislative history notes, publishing the joint resolution, and assembling information packages for the states.
The states then take action on the proposed amendment. While the ratification process is not described in detail in Article V, it is facilitated by the Archivist of the United States and the Director of the Federal Register, who follow established procedures and customs. The second method for proposing amendments, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.
This response will now focus specifically on the process of "Ratification by three-quarters of state legislatures":
After a proposed amendment has been processed and published by NARA's OFR, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-quarters of the states, or 38 out of 50 states. This can be achieved through one of two methods, as determined by Congress: ratification by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
The first method, ratification by state legislatures, has been the predominant approach for amending the Constitution. In this process, the state legislatures, as the law-making bodies of their respective states, vote on whether to ratify or reject the proposed amendment. Each state's vote carries equal weight, regardless of its population or length of time in the Union.
The second method, ratification by ratifying conventions, has only been used once in American history, during the 1933 ratification of the Twenty-First Amendment. In this process, states call for conventions specifically for the purpose of deciding whether to ratify the proposed amendment. This method allows for direct participation of citizens in the ratification process, providing a different dynamic from the state legislature approach.
The choice between these two methods of ratification lies with Congress, and there is no specified time frame for the states to ratify a proposed amendment. However, in recent history, Congress has set a seven-year limit for ratification to prevent delays. Once an amendment is ratified by three-quarters of the states, it becomes part of the Constitution. The Archivist of the United States certifies the ratification, and this certification is published in the Federal Register and U.S. Statutes at Large, officially concluding the amendment process.
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The role of the Archivist of the United States
Congress can propose a constitutional amendment with a two-thirds majority vote in both the House of Representatives and the Senate, in the form of a joint resolution. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature.
Once the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies 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 has been completed.
The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
The Archivist also manages the constitutional amending process, which includes submitting amendments that Congress has proposed to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states ratify them.
To date, the Archivist of the United States Don W. Wilson is the first and only Archivist to certify a constitutional amendment—the 27th Amendment, which was ratified in 1992, over 200 years after it was first proposed.
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The President's role in the amendment process
The process of amending the US Constitution is outlined in Article V of the Constitution. According to Article V, 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.
The President does not have a formal constitutional role in the amendment process. The joint resolution proposing an amendment does not require the President's signature or approval. This interpretation of the President's role was affirmed in the 1798 case of Hollingsworth v. Virginia, where the Supreme Court held that the President has nothing to do with the "proposition or adoption of amendments to the Constitution."
Despite the President's lack of a formal role, there have been instances where Presidents have played an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery. Similarly, President Jimmy Carter signed a joint resolution extending the deadline for the ratification of the Equal Rights Amendment, even though his signature was unnecessary.
In recent history, the signing of the certification of an amendment's completion has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Therefore, while the President does not have a formal role in proposing or adopting amendments, they may participate in ceremonial functions related to the amendment process.
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Frequently asked questions
Congress proposes a constitutional amendment using a joint resolution.
Article V of the United States Constitution describes the procedure for altering the Constitution. It establishes two methods for amending the nation's frame of government.
The first method authorises Congress, whenever two-thirds of both Houses shall deem it necessary, to propose constitutional amendments. The second method requires Congress, on the application of the legislatures of two-thirds of the several States, to call a convention for proposing amendments.
Twenty-seven amendments have been ratified and are now part of the Constitution.
After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with the responsibility for administering the ratification process.
