States Ratify Amendments: What's Next?

The process of amending the US Constitution is outlined in Article V of the Constitution, which stipulates that three-fourths of state approval is necessary for an amendment to be incorporated. This means that when three-fourths of the states (38 out of 50) ratify an amendment, it is added to the Constitution. This occurs after the amendment is proposed, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a national convention called for by two-thirds of state legislatures. The process is designed to be challenging, and the Constitution has only been amended 27 times since it was drafted in 1787.

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It gets added to the Constitution

The process of amending the US Constitution is outlined in Article V of the Constitution. The process is intentionally challenging and time-consuming. An amendment can be proposed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by two-thirds of the state legislatures.

Once an amendment has been proposed, it must be ratified by three-fourths of the states (38 out of 50) to be added to the Constitution. This can be done either through the state legislatures or by conventions in three-fourths of the states, with Congress determining the mode of ratification. The OFR verifies the ratification documents and 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, serving as official notice to Congress and the nation.

In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. The amendment process is challenging, with only 27 successful amendments since the Constitution was drafted in 1787. The first twelve amendments, including the Bill of Rights, were added by 1804. After the Civil War, three significant amendments were added: the Thirteenth (outlawing slavery), Fourteenth (protecting equal civil rights), and Fifteenth (forbidding racial discrimination in voting).

The Article V convention method for proposing amendments has never been used, but 33 amendments have been proposed by a two-thirds vote in both houses of Congress, with 27 of these ratified by three-fourths of the states. While states have the power to call for an Article V convention, there are concerns about it becoming a "runaway convention" that exceeds its scope. However, with over 600 state constitutional conventions held, there is little evidence of this occurring.

Requires ratification by 38 of 50 states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a difficult and time-consuming process. Firstly, an amendment must be proposed. This can be done in two ways: either by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by two-thirds of state legislatures.

Once an amendment has been proposed, it must be ratified by three-fourths of the states, or 38 out of 50. This can be done either through the state legislatures or through conventions in three-fourths of the states, and Congress determines which method is used.

When the required number of states have ratified the amendment, 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 then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. However, it is important to note that the President does not have a constitutional role in the amendment process.

Congress chooses the ratification method

The process of amending the Constitution of the United States is derived from Article V of the Constitution. It outlines two main processes for proposing and ratifying amendments.

An amendment can be proposed either by a two-thirds vote in both the House of Representatives and the Senate or by a national convention called for by two-thirds of state legislatures.

Congress can choose between two methods of ratification. The first method of ratification, which has been used for all amendments so far, requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method, which has only been used once (for the Twenty-First Amendment), involves Congress requiring three-fourths of state ratifying conventions to approve a proposed amendment.

The Archivist of the United States, who heads the National Archives and Records Administration (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.

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. 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.

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Two-thirds majority in Congress required first

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes that an amendment can be proposed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by two-thirds of state legislatures.

The first method, a two-thirds majority vote in Congress, has been the method used for all 27 amendments to the Constitution. This means that two-thirds of both Houses of Congress must agree to propose an amendment. This is a challenging and time-consuming process, as it requires significant support from both political parties. Once the amendment is proposed, it is then sent to the states for ratification.

The second method, a national or state convention, has never been used. In this scenario, two-thirds of the state legislatures (34 out of 50) would need to call for a convention, and the proposed amendment would become law only after ratification by three-fourths of the states (38 out of 50). This method allows states to bypass Congress, but it has never been utilised.

It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Instead, the original document is forwarded to the National Archives and Records Administration (NARA) for processing and publication.

In summary, while the process of amending the Constitution can be initiated by a two-thirds majority in Congress, it is just the first step. The proposed amendment must then be ratified by three-fourths of the states to become part of the Constitution.

Article V outlines the process

Article V of the United States Constitution outlines the process for proposing and ratifying amendments, providing two methods for doing so. The first method, which has been used for all amendments to date, involves a proposal by Congress requiring a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed by Congress, it must be ratified by three-fourths of the state legislatures, or 38 out of 50 states, to become part of the Constitution. This process underscores the critical role of state legislatures in the amendment process and ensures that any change to the nation's founding document reflects the will of a supermajority of both Congress and the states.

The second method outlined in Article V, which has never been utilized, is a proposal by a national convention called at the request of two-thirds of the state legislatures. This method was designed to be a safeguard against a situation where state governments believe that Congress is unwilling or unable to propose necessary amendments. To date, no amendment to the Constitution has been proposed through a national convention.

When three-fourths of the states, or 38 states, ratify an amendment, it becomes a valid part of the Constitution, on par with the provisions outlined in the original document. This process is deliberately challenging, ensuring that amendments reflect broad consensus and enjoy enduring support across the nation. The high threshold for ratification also helps maintain the stability and consistency of the Constitution while allowing for necessary changes to be made over time.

The process of ratifying an amendment by state legislatures typically involves introducing a resolution in each state legislature, followed by debate and a vote. Some states may have specific procedures or requirements for ratification, such as requiring passage in two successive legislative sessions or approval by a certain majority. Once a state ratifies an amendment, it notifies the Archivist of the United States, who officially announces the adoption of the amendment once the required number of states has ratified.

It's important to note that not all proposed amendments successfully achieve ratification within a reasonable timeframe. Some proposed amendments have been pending before the states for decades but have not garnered sufficient support for adoption. Additionally, Congress can set a time limit for ratification, after which the amendment lapses if not ratified by the required number of states.

The process outlined in Article V of the Constitution reflects the Founding Fathers' intention to create a flexible yet stable framework of government. By requiring the involvement of both Congress and the states in the amendment process, it ensures that any changes to the nation's governing document reflect the interests and consent of a broad cross-section of the country.

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