Eleanor Finch
The Constitution of the United States outlines the process for proposing amendments, which can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process, outlined in Article V, has been the method for all 27 amendments ratified thus far. The alternative method, which has never been used, is for two-thirds of the states to request that Congress call a convention for proposing amendments. Once an amendment is proposed, it is submitted to the states for their consideration, and three-fourths of the states must ratify it for it to become part of the Constitution.
| Characteristics | Values |
|---|---|
| House that can propose amendments to the constitution | The Congress, with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative | A constitutional convention called for by two-thirds of the State legislatures |
| Number of proposals to amend the constitution | 11,000 |
| Number of amendments ratified by the states | 27 |
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What You'll Learn
Two-thirds majority in both houses
The United States Constitution grants the authority to propose amendments to the Congress, with a two-thirds majority in both the House of Representatives and the Senate. This process, outlined in Article V of the Constitution, empowers Congress to initiate constitutional amendments without the involvement of the President.
To propose an amendment, a two-thirds majority in both houses of Congress must deem it necessary. This means that for an amendment to be proposed, it requires the support of two-thirds of the members present in each house, assuming a quorum is present. This process highlights the critical role of Congress in shaping the nation's foundational document.
The two-thirds majority requirement in both houses ensures that any proposed amendment has broad support and consensus within Congress. It serves as a safeguard against hasty or partisan changes to the Constitution, fostering a more deliberate and inclusive amendment process. This supermajority requirement also underscores the importance and gravity of amending the nation's supreme law.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this process, adding legislative history notes and publishing the proposed amendment in slip law format. The OFR also prepares informational packages for the states, providing formal copies of the joint resolution.
The proposed amendment is then submitted to the states for their consideration. Each state's governor receives a letter of notification, along with informational material, and they formally submit the amendment to their state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This ratification process can occur through the state legislatures or state-called conventions, as specified by Congress.
In summary, the two-thirds majority requirement in both houses of Congress is a crucial step in the process of amending the United States Constitution. It ensures a thoughtful and widely supported approach to constitutional changes, reflecting the founding fathers' intent to create a durable and adaptable framework for the nation's governance.
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Ratification by three-fourths of the states
The United States Constitution was written to endure for ages to come, and its framers made amending the document a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures (34 out of 50) can apply for Congress to call a convention for proposing amendments. This method has never been used.
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 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 informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
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 in good 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 that the amendment process is complete.
In conclusion, ratification by three-fourths of the states is a crucial step in the process of amending the United States Constitution. It ensures that any changes to the Constitution have broad support across the country and protects against hasty or impulsive amendments. The process is deliberately difficult and time-consuming, reflecting the framers' intention for the Constitution to be a stable and enduring document.
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Role of the President
The President does not have a constitutional role in the process of proposing amendments to the Constitution. The Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, can propose amendments to the Constitution. Alternatively, Congress may call a convention for proposing amendments upon the request of two-thirds of the states.
The role of the President is notably absent from the process, as the joint resolution for an amendment does not require the President's signature or approval. Instead, the original document outlining the proposed amendment is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The President's absence from this process is further supported by legal precedent, as seen in the case of Hawke v. Smith (No. 1) in 1920, where the court affirmed that "the submission of a constitutional amendment did not require the action of the President". Similarly, in INS v. Chadha, the court held that "Presidential approval was unnecessary for a proposed constitutional amendment".
While the President does not have a direct role in proposing amendments, their influence can be indirect through their political party and appointments. For example, the President's political party may control one or both houses of Congress, and the President appoints the Archivist of the United States, who administers the ratification process. However, the Archivist's role is primarily ministerial and follows established procedures and customs.
The President's exclusion from the amendment proposal process aligns with the constitutional principle of checks and balances and ensures that the legislative branch retains the power to initiate constitutional changes. This design safeguards against potential abuses of power and reinforces the separation of powers between the executive and legislative branches.
In summary, while the President does not have a constitutional role in proposing amendments, their influence can be felt through their political party's control of Congress and the appointment of the Archivist who administers the ratification process. The President's exclusion from the direct amendment process is a deliberate feature of the constitutional framework, reflecting the importance of legislative initiative and checks and balances in the governance of the United States.
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Congress proposes an amendment
The United States Constitution grants Congress the authority to propose amendments. Congress may propose amendments to the Constitution whenever two-thirds of both houses deem it necessary. This can be done either through a joint resolution or by calling a convention upon the request of two-thirds of the states.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). 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 by sending a letter of notification to each governor, along with informational material.
When 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 ratification documents for 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, serving as official notice to Congress and the nation that the amendment process is complete.
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Calling a convention for proposing amendments
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments can 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". However, an alternative method of proposing amendments is through a constitutional convention, which can be called for by two-thirds of the state legislatures.
This alternative method of calling for a convention has never been used. Nevertheless, it remains a valid option for proposing amendments. The process involves two-thirds of state legislatures applying for a convention, at which amendments would be proposed. This method bypasses the need for Congress to propose amendments and allows states to take a more direct role in the amendment process.
Once an amendment has been proposed, either by Congress or by a constitutional convention, it must be ratified. Ratification can occur in one of two ways: through the legislatures of three-fourths of the states or through conventions in three-fourths of the states. The mode of ratification is proposed by Congress.
After Congress proposes an 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 by sending a letter of notification to each governor, along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
The process of amending the Constitution is a rigorous and deliberate procedure that requires the involvement of both Congress and the states. While Congress has successfully proposed amendments in the past, the option to call for a convention remains a viable alternative method that empowers the states to initiate constitutional change.
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Frequently asked questions
The US Constitution states that amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Congress can propose amendments either on its own initiative or upon application by the legislatures of two-thirds of the states.
After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The legislatures of two-thirds of the states can apply to Congress to call a convention for proposing amendments. This method has never been used.
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