Jonah Patel
Changing a constitutional amendment is a challenging and time-consuming process. The United States Constitution was designed to endure, and amending it requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. The process is initiated by Congress or the states, with the latter having the power to approve a new amendment, requiring ratification by three-quarters of the states. Once an amendment is ratified, it becomes part of the Constitution, and any changes to it would require a new amendment. The Constitution has been amended 27 times since 1787, and the most recent amendment, the 27th Amendment, was added in 1992.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate or a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment approval | States |
| Amendment certification | Archivist of the United States |
| Amendment process | Very difficult and time-consuming |
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What You'll Learn
- Amendments can be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
- Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures
- A proposed amendment must be ratified by three-quarters of the states to become part of the Constitution
- The Archivist of the United States is responsible for administering the ratification process
- The process of amending the Constitution is very difficult and time-consuming
Amendments can be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
The process of amending the United States Constitution is a challenging and lengthy endeavour. The Constitution grants the authority to propose amendments to Congress, requiring a two-thirds majority vote in both the House of Representatives and the Senate. This process falls under Article V of the Constitution, which outlines the steps for altering the nation's foundational document.
The significance of a two-thirds majority in both chambers of Congress ensures that any proposed amendment has broad support and consensus among legislators. This high threshold helps prevent hasty or partisan changes to the Constitution, ensuring that amendments are carefully considered and broadly accepted. It is worth noting that, despite numerous proposals, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR plays a crucial role in the amendment process, adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble information packages for the states, providing formal copies of the joint resolution and related documentation.
Following the proposal and initial processing, the proposed amendment enters the ratification stage. This stage involves the states, which have the power to approve or reject the amendment. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, or 38 out of 50 states. This requirement underscores the importance of broad consensus across the country for any changes to the Constitution.
The process of amending the Constitution is deliberately challenging, as the framers intended for it to endure and withstand the test of time. The rarity of successful amendments highlights the significance of each alteration to this foundational document. Since its drafting in 1787, the Constitution, including the Bill of Rights adopted in 1791, has been amended only 27 times, with the most recent amendment, the 27th Amendment, being added in 1992.
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Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures
The process of amending the United States Constitution is intentionally difficult. The Constitution has only been amended 27 times since it was drafted in 1787, and none of the amendments have been proposed by constitutional convention.
The Constitution's Article V outlines two ways to propose an amendment: the first is by a two-thirds majority vote in both the House of Representatives and the Senate, and the second is by a constitutional convention called for by two-thirds of the state legislatures.
The second option has never been used, but it has its supporters. Some believe that a new constitutional convention is necessary because the current system has led to gridlock and too much influence by interest groups.
If two-thirds of state legislatures call for a constitutional convention, it is up to the states to approve a new amendment, with three-quarters of the states voting to ratify it. The one instance of an amendment appeal, the 21st Amendment, which repealed the 18th Amendment (Prohibition), is the only time this process has been used.
Once an amendment is ratified, 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 published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process has been completed.
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A proposed amendment must be ratified by three-quarters of the states to become part of the Constitution
The process of amending the United States Constitution is a challenging and lengthy endeavour. The Constitution has only been amended 27 times since it was drafted in 1787, with the most recent amendment, the 27th Amendment, being added in 1992. This is because the framers of the Constitution intentionally made it a difficult process to ensure its longevity.
A proposed amendment must go through a rigorous process to become part of the Constitution. Firstly, it 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. This step ensures that any proposed amendment has significant support at the national level. 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 proposed amendment is then submitted to the states for ratification. This is where the requirement of being ratified by three-quarters of the states comes into play. For an amendment to become part of the Constitution, it must be ratified by the legislatures of three-quarters of the states, which currently equates to 38 out of 50 states. Alternatively, ratifying conventions can be conducted in three-quarters of the states, although this process has only been used once in American history, during the ratification of the 21st Amendment in 1933. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
Once the required number of states has ratified the amendment, the Office of the Federal Register (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 that the amendment process is complete. This final step ensures the amendment's legitimacy and provides a record of the constitutional change.
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The Archivist of the United States is responsible for administering the ratification process
The process of amending the US Constitution is a complex and lengthy procedure, with the Archivist of the United States playing a crucial role in administering the ratification process. The authority to amend the Constitution is derived from Article V of the Constitution itself. The process begins with Congress proposing an amendment in the form of a joint resolution, bypassing the President, as they hold no constitutional role in the amendment process.
The Archivist of the United States, currently Dr. Colleen Shogan, heads the National Archives and Records Administration (NARA) and is responsible for the subsequent steps. The Archivist's duties include submitting the proposed amendment to the States for their consideration, a process that involves sending a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The OFR plays a supporting role by processing and publishing the joint resolution, adding legislative history notes, and preparing information packages for the States.
Once 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 OFR examines these ratification documents for legal sufficiency and authenticity. The Director maintains custody of these documents until the amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
Finally, when the OFR verifies that it has received the required number of authenticated ratification documents (ratification by three-fourths of the States, or 38 out of 50), it drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this certification has become a ceremonial function, often attended by various dignitaries, including the President.
The Archivist of the United States is thus responsible for overseeing and facilitating the ratification process, ensuring that any changes to the Constitution are carried out in accordance with the law.
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The process of amending the Constitution is very difficult and time-consuming
The process of amending the US Constitution is deliberately challenging and time-consuming. The Constitution was written "to endure for ages to come", and its framers intentionally made it difficult to amend. The Constitution has been amended only 27 times since it was drafted in 1787, and only one amendment has ever been repealed by the states.
Amending the Constitution is a two-step process. First, a proposed amendment must be passed by two-thirds of both houses of Congress. This can be initiated by Congress or by a constitutional convention called for by two-thirds of state legislatures. However, no amendments have been proposed by constitutional convention to date. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The second step is the ratification process. After a proposed amendment is published, it must be ratified by the legislatures of three-quarters of the states (38 out of 50 states). Alternatively, ratifying conventions can be conducted in three-quarters of the states, although this has only happened once in American history, with the ratification of the 21st Amendment in 1933. Once an amendment is ratified, the Archivist of the United States certifies that it is valid and has become part of the Constitution.
The challenging and time-consuming nature of the amendment process ensures that any changes to the Constitution are carefully considered and have a significant impact on the nation.
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Frequently asked questions
The Constitution provides that an amendment 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 the State legislatures. The amendment is then ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states.
The process is very difficult and time-consuming. The United States Constitution was written "to endure for ages to come", so to ensure its longevity, the framers made amending the document a challenging task. The Constitution has been amended only 27 times since it was drafted in 1787.
Yes, the 18th Amendment, which established Prohibition, was repealed by the 21st Amendment in 1933.
