Amending The Constitution: State Approval Fractions

The process of amending the US Constitution is outlined in Article V of the Constitution. The process requires a proposal from 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. For an amendment to be added to the Constitution, it must be ratified by three-quarters of the States (38 out of 50). This process has been criticised for being too strict and biased in favour of the federal government. Despite these criticisms, the process has been used for the ratification of every amendment to the Constitution.

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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 role of the Archivist is to supervise and direct the National Archives, preserving, protecting, and sharing the history of the United States. The Archivist is responsible for maintaining custody of important documents, such as state ratifications of amendments to the Constitution, and issuing certificates proclaiming a particular amendment duly ratified and part of the Constitution if the legislatures of at least three-quarters of the states (38 out of 50) approve the proposed amendment.

The Archivist has a role in the constitutional amendment process, which is as follows: after Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, 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, which is then conveyed to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.

The Archivist also has duties concerning the custody of Electoral College documents in United States presidential elections, such as certificates of ascertainment declaring the names of the presidential electors chosen in each state. In addition, joint resolutions and acts of Congress signed into law by the president are delivered to the National Archives, where the original document is maintained. The National Archives also assigns the new Act of Congress a public law number and provides for its publication.

The first Archivist, R. D. W. Connor, began serving in 1934 when the National Archives was established as an independent federal agency by Congress. The current Archivist, Dr. Colleen J. Shogan, is the 11th Archivist and the first woman to hold the position. She was sworn in on May 17, 2023, and has made it a priority to expand the reach of the National Archives to a wider audience.

The two methods for states to ratify amendments

The process of amending the US Constitution is detailed in Article V of the Constitution. The process is quite complex and has only been successfully completed 27 times. By contrast, state constitutions are amended regularly and with much greater frequency.

There are two methods by which states can ratify amendments to the US Constitution. The first method is for the amendment to be ratified by three-fourths (38 out of 50) of the State legislatures. The second method is for the amendment to be ratified by three-fourths of special ratifying conventions in the states. In either case, Congress decides which mode of ratification is to be used.

The first method is the most common, with the second method never having been used. Once an amendment is ratified by either method, it becomes part of the Constitution.

The process of amending the Constitution begins with a proposal from Congress, which must be approved by a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process. Once an amendment is proposed, it is submitted to the states for their consideration.

The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

The process of amending state constitutions varies but is generally much easier than amending the federal Constitution. Some states require amendments to be approved by voters, while others require only legislative approval.

The Equal Rights Amendment

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. Alternatively, two-thirds of state legislatures may call for a constitutional convention to propose amendments. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.

The text of the proposed ERA amendment reads: "Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article." The ERA sought to prohibit sex discrimination and ensure equal rights for men and women under the law.

Despite not becoming a formal part of the Constitution, the ERA has had a significant impact. The Supreme Court interpreted other parts of the Constitution to prevent sex discrimination, and today, there are few identifiable differences in the law compared to if the ERA had been added. Additionally, the ERA sparked ongoing discussions and efforts towards gender equality. For example, in 2025, Congresswoman Ayanna Pressley introduced a joint resolution (H.J. Res. 80) to the 119th Congress, calling for establishing the ratification of the ERA despite the time limit placed on it in 1972.

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The role of Congress in proposing amendments

The process of amending the Constitution of the United States is derived from Article V of the Constitution. Congress plays a crucial role in proposing amendments, which can be done in two ways. Firstly, Congress can propose amendments whenever two-thirds of both Houses deem it necessary. This means that two-thirds of both the House of Representatives and the Senate must vote in favour of the amendment. The amendment is then proposed in the form of a joint resolution, which is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, as well as assembling an information package for the States.

The second method for proposing amendments is through a constitutional convention. This method has never been used, but it can be initiated when two-thirds of the State legislatures call for a convention. Congress would then be required to call a convention for proposing amendments. This method bypasses Congress's direct involvement in proposing the amendment but still requires their role in calling the convention.

Once an amendment is proposed, either by Congress or through a constitutional convention, it is submitted to the States for ratification. The Archivist of the United States, who heads NARA, administers the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy, which is conveyed to the Director of the Federal Register.

For an amendment to become part of the Constitution, it must be ratified by three-quarters of the States (38 out of 50 States). Once the OFR verifies that it has received the required number of authenticated ratification documents, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.

Congress, therefore, plays a central role in proposing amendments to the Constitution. While amendments can be proposed by Congress or through a convention called by the States, Congress's involvement is necessary in both processes. The amendment proposal then moves forward to the States for ratification, with the Archivist of the United States and the Director of the Federal Register facilitating this process.

The role of the President

The process of amending the US Constitution is outlined in Article V of the Constitution. Notably, the President does not have a constitutional role in the amendment process.

The process of amending the Constitution can be initiated by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. This second method has never been used.

Once an amendment has been proposed, it is sent to the states for ratification. Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. This can be done through a vote of the state legislatures or a state convention, depending on what Congress has specified.

Additionally, the President, as the head of a political party, may influence the amendment process indirectly through their party's representatives in Congress or the state legislatures. They can lobby for or against specific amendments, use their platform to generate public support, and potentially sway the outcome.

It is important to note that the amendment process has been criticized for being too strict and biased in favor of the federal government. As a result, it may be challenging to secure the required approval of two-thirds of both Houses of Congress and three-quarters of the states.

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