Amending The Constitution: States' Fractional Power

The U.S. Constitution has been amended 27 times, with a rigorous process in place for any changes. Article V outlines the steps to amend the Constitution, which 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. For an amendment to be ratified and become part of the Constitution, three-quarters of state legislatures, or three-quarters of conventions, must approve it. This means that at least 38 out of 50 states must ratify an amendment, demonstrating the high bar set for altering the foundational document of the United States.

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The role of the Archivist of the United States

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives, including the preservation, protection, and sharing of the nation's history. This includes maintaining custody of important documents such as state ratifications of amendments to the Constitution, Electoral College documents from presidential elections, and original versions of all statutes of the United States.

In the context of amending the Constitution, the Archivist plays a crucial role in the ratification process. After Congress proposes an amendment, the Archivist administers the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then forwards this to the Director of the Federal Register for examination and custody. Once the required number of authenticated ratification documents is received (from three-quarters of the states, or 38 out of 50 states), the Archivist certifies 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 position of Archivist of the United States is a prestigious one, appointed by the President. The current Archivist, Dr. Colleen J. Shogan, is the 11th person to hold the position and the first woman. She was sworn in on May 17, 2023, and has made it a priority to expand the reach of the National Archives and enhance its services to make its holdings more accessible to the public.

The Archivist is supported by a dedicated team of professionals, including archives specialists, archives technicians, conservators, and records managers, who work together to preserve and protect the historical records of the United States. These employees bring their own expertise and experience to the job, ensuring the preservation and accessibility of the nation's important documents.

The two-thirds majority vote

The process of amending the U.S. Constitution is outlined in Article V of the Constitution. It is worth noting that the U.S. Constitution is difficult to change and has only been amended 27 times. In contrast, state constitutions are amended regularly and with greater ease.

Article V outlines two methods for proposing amendments to the Constitution. The first method, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is a crucial step in the process, as without a two-thirds majority in both chambers, an amendment cannot be proposed through this route.

The second method, which has never been used, is for Congress to call a constitutional convention upon the request of two-thirds of state legislatures. This convention, separate from Congress, would then propose amendments. This method allows states to bypass Congress and propose amendments directly.

It is important to emphasize that the two-thirds majority vote in Congress is only the first step in the amendment process. After an amendment is proposed by Congress or a constitutional convention, it must then be ratified. Ratification requires the approval of three-fourths of the states, or 38 out of 50 states. This step ensures that a substantial majority of states agree to the proposed change to the Constitution.

The process of amending the U.S. Constitution is deliberately challenging, requiring both a two-thirds majority in Congress and ratification by three-fourths of the states. This design safeguards the stability and longevity of the Constitution while also allowing for necessary changes to be made over time.

Ratification by three-quarters of states

The U.S. Constitution is difficult to change and has only been amended 27 times. Article V of the Constitution outlines the process for amending the document. Firstly, two-thirds of both houses of Congress must propose and vote for an amendment. Alternatively, two-thirds of state legislatures can apply for Congress to call a convention for proposing amendments. In either case, an amendment must be ratified by three-quarters of the states, i.e., 38 out of 50 states, to become valid and part of the Constitution. This can be done either by the state legislatures or by conventions in three-quarters of the states, as specified 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 has delegated many of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then 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 in order, the Director acknowledges receipt and maintains custody of them.

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 U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed. The signing of the certification has become a ceremonial function attended by various dignitaries, including the President.

It is important to note that no amendment proposed or ratified before the year 1808 can affect the first and fourth clauses of the ninth section of Article I. Additionally, no state can be deprived of its equal suffrage in the Senate without its consent.

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State legislatures and conventions

The process of amending the U.S. Constitution is outlined in Article V of the Constitution. It is worth noting that the U.S. Constitution is difficult to change and has only been amended 27 times, whereas state constitutions are amended regularly and with greater ease.

Article V provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of state legislatures. In this case, the convention can propose amendments regardless of whether Congress approves of them or not. These proposed amendments are then sent to the states for ratification.

State legislatures play a crucial role in the amendment process, generating more than 80% of constitutional amendments considered and approved annually. The requirements for legislatures to craft amendments vary among states. Some require amendments to secure the support of a simple majority of legislators, while others mandate supermajority legislative support. The ease of approval also differs, with some states allowing approval by a majority vote in a single session, while others require support to be expressed in two consecutive sessions.

Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be achieved through ratification by state legislatures or by conventions in three-fourths of the states, as specified by Congress. The process of ratification is administered by the Archivist of the United States, who has delegated many duties to the Director of the Federal Register. The Director examines ratification documents for authenticity and legal sufficiency. Once the required number of ratified documents is received, a formal proclamation is drafted for the Archivist to certify the amendment as valid. This certification is published in the Federal Register, officially declaring the amendment as part of the Constitution.

The number of amendments to date

The process of amending the US Constitution is outlined in Article V of the Constitution. 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. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.

Since the Constitution was enacted on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these proposals have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.

It is worth noting that, despite numerous attempts, none of the 27 amendments have been proposed by a constitutional convention. Instead, they have all been proposed by Congress in the form of a joint resolution. The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978.

In total, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019). However, the majority of these proposals have failed to progress beyond the congressional committees to which they were assigned.

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