Jonah Patel
Ratification is the process of approving or enacting a legally binding act. In the context of amending the US Constitution, ratification is the process by which an amendment becomes legally binding and is added to the Constitution. The process of ratifying an amendment is outlined in Article V of the US Constitution, which sets forth two methods by which states may ratify amendments. The first method requires three-fourths of the state legislatures to ratify an amendment, and the second method requires three-fourths of state ratifying conventions to approve a proposed amendment. The process of amending the Constitution is intentionally difficult and time-consuming, with only 27 amendments since it was drafted in 1787.
| Characteristics | Values |
|---|---|
| Definition of ratification | To ratify means to approve or enact a legally binding act that would not otherwise be binding in the absence of such approval |
| Ratification of a constitutional amendment | Requires a two-thirds majority vote in both the Senate and the House of Representatives, followed by ratification by three-fourths of state legislatures or conventions |
| Time limits for ratification | The 18th Amendment (Prohibition) was the first to have a time limit, with a seven-year deadline; Congress has attached a time limit to the ratification of all proposed amendments since the 20th Amendment |
| Difficulty of the amendment process | The process is very difficult and time-consuming, with only 27 amendments since 1787 |
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What You'll Learn
The process of ratification
Ratification is the process of approving or enacting a legally binding act that would not be binding without such approval. In the context of amending the US Constitution, ratification is the process of approving an amendment. The process of ratifying an amendment to the US Constitution is outlined in Article V of the Constitution.
The first step in the process of ratification is for two-thirds of both houses of Congress to pass a proposed amendment. 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-fourths (currently 38) of the states. This process has been used for the ratification of every amendment to the Constitution to date.
Article V also provides for an alternative process of ratification, which has never been utilised. If requested by two-thirds of the state legislatures, Congress must call a constitutional convention for proposing amendments. Any amendment proposed by such a convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
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Ratification by state legislatures
Ratification is the process of approving or enacting a legally binding act that would not otherwise be binding without such approval. In the context of amending the US Constitution, ratification by state legislatures is one of two methods by which states may ratify amendments.
Article V of the US Constitution outlines the amendment process. It states that amendments to the Constitution may be ratified by the legislatures of three-fourths of the states (38 out of 50 states). This is the first method of ratification. The second method, which has only been used once in US history for the Twenty-First Amendment, involves ratification by ratifying conventions in three-fourths of the states. Congress decides which method the states must use to ratify a particular amendment.
Once Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist officially notifies the states by sending a registered letter to each state governor, who then formally submits the amendment to their state legislature or ratifying convention. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action.
The process of ratification by state legislatures does not involve the President, as the joint resolution does not go to the White House for signature or approval. 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 also prepares an information package for the states, which includes formal copies of the joint resolution and the statutory procedure for ratification.
Some state legislatures have not waited to receive official notification before taking action on a proposed amendment. Once an amendment is ratified by the required number of states, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and part of the Constitution. The amendment and its certificate of ratification are then published in the Federal Register and the United States Statutes at Large, serving as official notification of the successful completion of the ratification process.
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Ratification by conventions
Ratification is the process of approving or enacting a legally binding act that would not otherwise be binding without such approval. In the context of amending the US Constitution, ratification is the final step in the process of amending the Constitution. It involves approval by three-fourths (currently 38) of the states, following a proposal by Congress.
Article V of the US Constitution outlines two methods by which states may ratify amendments: through the legislatures of three-fourths of the states or by conventions in three-fourths of the states. The latter method, ratification by conventions, has only been used once in US history—for the ratification of the Twenty-First Amendment in 1933.
The convention method of ratification is an alternative route to considering the pros and cons of a proposed amendment. It allows for the potential bypassing of state legislatures in the ratification process. This method loosely approximates a one-state, one-vote national referendum, giving registered voters a more direct say on highly sensitive issues. The delegates of these conventions are presumed to be average citizens, who might be less likely to bow to political pressure than state legislators.
The process of convening ratifying conventions, selecting delegates, and conducting the proceedings is not specifically outlined in the Constitution or by Supreme Court precedent. The thirty-eight state conventions that considered the Twenty-First Amendment in 1933 followed a variety of procedures. In some states, the governor announces an election of delegates, while in others, the governor assembles the members of the state legislature to form the convention.
In summary, ratification by conventions is an alternative method of approving constitutional amendments that allows for greater direct participation from citizens. However, it is a more complicated process than ratification by state legislatures, and it has been rarely used in US history.
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Time limits for ratification
In the United States, the process of ratifying an amendment to the Constitution is outlined in Article V, which sets forth two methods for states to ratify amendments. The first method requires three-fourths of the state legislatures to ratify an amendment, while the second method allows Congress to require three-fourths of state ratifying conventions to approve a proposed amendment.
While Article V does not specify a time limit for the ratification of amendments, the Supreme Court decision in Dillon v. Gloss affirmed that Congress has the power to set a definite time limit. This precedent established that an amendment should be ratified within a "reasonable" and "sufficiently contemporaneous" time frame to reflect the will of the people at the time the amendment is proposed.
Historically, amendments did not have time limits attached until 1917, when Congress proposed the Eighteenth Amendment with a seven-year deadline for ratification. This amendment, known as the Prohibition Amendment, was the first to include a time delay before taking effect, allowing for a one-year period between ratification and implementation.
Since the 20th Amendment, Congress has consistently attached time limits to the ratification of proposed amendments. These deadlines are typically included in the language of the amendment itself, making them unchangeable without restarting the ratification process. However, some deadlines are included in the proposing clause, allowing Congress to modify them through a majority vote, as demonstrated by the extension of the Equal Rights Amendment's (ERA) ratification deadline in 1978.
The length of the ratification period has been a subject of debate, with the ERA's proponents arguing that a ratification period of over two decades should be considered "reasonable" and "sufficiently contemporaneous" based on the precedent set by the "Madison Amendment," which took over 200 years to ratify.
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Ratification of the US Constitution
Ratification is the process of approving or enacting a legally binding act. In the context of the US Constitution, ratification refers to the process by which the document was approved by the states and the people.
The process of ratifying the US Constitution began before and during the Constitutional Convention in Philadelphia in May 1787. A campaign took place to convince the people that the Articles of Confederation needed to be revised to maintain the Union. The delegates to the convention knew that obtaining ratification from the states would be difficult, so they decided that nine states would be appropriate to implement the Constitution among the ratifying states. This number was chosen because it was the number required in the Confederation Congress to adopt important matters.
The delegates also decided to substitute state conventions for state legislatures as the bodies to consider ratification. This was partly because it would be easier to obtain ratification from ad hoc state conventions, and partly because it would allow prominent men who were not state legislators to participate in the ratification debate.
The first steps towards ratification were taken in New York in 1788, where a struggle between the Anti-Federalist contingent, led by Governor George Clinton, and the Federalists, led by Alexander Hamilton, took place. Copies of the Constitution were widely distributed following its signing in September 1787, and by February 1788, six states had already ratified it. New York held a statewide ratification convention in April 1788, and New Hampshire became the ninth state to ratify the Constitution in June 1788, making it effective.
The process of ratifying the US Constitution set a precedent for future amendments and changes to the document. Article V of the Constitution outlines the procedure for amending it, and there are two methods by which states may ratify amendments. The first method requires three-fourths of the state legislatures to ratify an amendment, and the second method requires three-fourths of state ratifying conventions to approve a proposed amendment. Congress determines which method the states must use to ratify a particular amendment.
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Frequently asked questions
To ratify means to approve or enact a legally binding act. In the context of amending the US Constitution, ratification is when three-fourths of the state legislatures or three-fourths of state ratifying conventions approve a proposed amendment.
The traditional constitutional amendment process is outlined in Article V of the US Constitution. First, Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. Then, the amendment is sent to the states for ratification by a vote of the state legislatures or state conventions.
Yes, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments. This has never happened before.
There is no mention of a time limit for ratification in Article V. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments.
