Simone Lawson
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V, which outlines a few ways in which the Constitution can be amended. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. The process of amending the Constitution is designed to be difficult, requiring a significant level of consensus across a diverse nation. This ensures that any changes made are well-considered and broadly supported, reflecting the evolving needs and values of the American people.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Requires ratification by three-fourths of the states, either through their legislatures or ratifying conventions |
| Amendment process | Difficult and time-consuming, requiring approval by a supermajority in Congress and ratification by a majority of states |
| Role of President | The President has no constitutional role or official function in the amendment process |
| Number of amendments | The Constitution has been amended 27 times since 1787 |
| Amendment impact | Amendments can have a major impact on the rights of citizens and the functioning of the government |
| Interpretation | The interpretation of the Constitution has evolved over time, sometimes independently of specific amendments |
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What You'll Learn
- Amendments must be proposed by Congress or two-thirds of state legislatures
- A two-thirds majority vote in both the House of Representatives and the Senate is required
- The President does not have a constitutional role in the amendment process
- Three-quarters of the states must ratify the amendment
- Amendments are certified by the Archivist of the United States
Amendments must be proposed by Congress or two-thirds of state legislatures
The Constitution of the United States is not easy to amend. It has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution, which does not require presidential approval. Once an amendment is proposed by Congress, it is submitted to the states for their consideration. The governors then formally submit the amendment to their state legislatures.
Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures. This convention can propose amendments, whether Congress approves of them or not. These proposed amendments would then be sent to the states for ratification. However, this method has never been used.
After being proposed by Congress or a national convention of the states, a constitutional amendment must be ratified by three-quarters (38 out of 50) of the states. Congress can choose whether a proposed amendment is sent to the state legislatures or to state ratifying conventions for ratification. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The process of amending the Constitution is designed to be difficult and time-consuming, ensuring that any changes made are well-considered and have a significant impact on the country and its citizens.
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A two-thirds majority vote in both the House of Representatives and the Senate is required
The United States Constitution is difficult to amend. Since it was drafted in 1787, it has been amended only 27 times, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights. The process of amending the Constitution is outlined in Article V of the Constitution.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging threshold to meet, as it requires substantial support from both chambers of Congress. This super-majority requirement ensures that any proposed amendment has broad-based support and is not merely a reflection of the interests or ideologies of a single party or faction.
The two-thirds majority vote in both chambers serves as a critical safeguard against hasty or partisan changes to the Constitution. It encourages deliberation, compromise, and the building of consensus across political divides. This high bar reflects the framers' intention to create a stable and enduring framework of government that would not be subject to frequent or capricious alterations.
Once an amendment has secured the support of two-thirds of both houses of Congress, it is then sent to the states for ratification. This process of securing approval from two-thirds of both chambers of Congress is a critical step in the amendment process, providing a check against potential abuses of power and ensuring that any changes to the Constitution are carefully considered and broadly supported.
The process of amending the Constitution is deliberately rigorous and time-consuming, reflecting the importance and gravity of modifying the nation's foundational document. The two-thirds majority vote requirement in both the House of Representatives and the Senate is a crucial component of this process, ensuring that any amendments have the broad support necessary to effect meaningful and lasting change.
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The President does not have a constitutional role in the amendment process
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. The Constitution provides that an amendment may 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.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist 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. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
While the President does not have a formal constitutional role in the amendment process, 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 ten proposals that later became 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, which may include 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.
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Three-quarters of the states must ratify the amendment
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a lengthy and challenging process. Firstly, two-thirds of both houses of Congress must vote in favour of a proposed amendment. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. However, this has never happened.
Once an amendment is proposed, it is sent to the states for ratification. Three-quarters of the states, or 38 out of 50, must ratify the amendment for it to become part of the Constitution. There is no specified time limit for this process. For example, the Twenty-Seventh Amendment was proposed in 1789 and was ratified by three-quarters of the states over two hundred years later in 1992.
When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with this process to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once three-quarters of the states have ratified the amendment, the Director 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 is complete.
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Amendments are certified by the Archivist of the United States
The authority to amend 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 heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The Archivist of the United States has the duty to certify and publish amendments to the Constitution. This duty was transferred to the Archivist from an officer in the executive branch. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. The Archivist does not make any substantive determinations as to the validity of State ratification actions.
The Archivist 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. The Archivist 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.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them.
In 1992, Archivist of the United States Don W. Wilson became the first and only Archivist to certify a constitutional amendment, which was the 27th Amendment. This amendment, first proposed in 1789, limits Congress's ability to change its pay until the next term.
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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. Once an amendment is proposed, it must be ratified by three-quarters of the states.
Article V of the Constitution outlines the process of altering the Constitution. It states that amendments can be proposed by Congress or by a convention called by Congress at the request of two-thirds of state legislatures. It also mentions that no amendment shall deprive any state of its equal suffrage in the Senate without its consent.
The Archivist of the United States is responsible for administering the ratification process. They submit the proposed amendment to the states for their consideration and receive the ratified documents from the states. The Archivist also certifies that the amendment is valid and has become part of the Constitution.
It is very difficult to amend the Constitution as it requires a two-thirds majority vote in both the House of Representatives and the Senate, and then ratification by three-quarters of the states. Additionally, the President has no official function in the process, and amendments must be of major impact or secure the rights of citizens.
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