Simone Lawson
A formal amendment to the Constitution is a modification of the constitution of a polity, organization, or other type of entity. In the United States, the Constitution has been amended 27 times since it was drafted in 1787, and the process of amending it is outlined in Article V of the Constitution. The process of amending the Constitution is difficult and time-consuming, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or 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 state legislatures.
| Characteristics | Values |
|---|---|
| Authority | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposer | Congress or constitutional convention |
| Amendment format | Joint resolution |
| Amendment submission | State legislatures or state convention |
| Ratification | Three-fourths of the states (38 of 50) |
| Certification | Formal proclamation by the Archivist |
| Publication | Federal Register and U.S. Statutes at Large |
| Amendment frequency | 27 amendments since 1787 |
| Amendment difficulty | High |
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What You'll Learn
The amendment process
The Constitution of the United States has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted in 1791, known as the Bill of Rights. Amending the Constitution is a difficult and time-consuming process, and any proposed amendment must have a significant impact on all Americans or secure the rights of citizens.
A proposed amendment must be passed by 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. This is the first step of the process, and it is the only method that has been used thus far. The Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval.
Once the proposed amendment has been passed by Congress, it is forwarded to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.
The amendment is then formally submitted to the state legislatures, and a proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When the OFR receives 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 serves as official notice that the amendment process has been completed.
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Congress proposes an amendment
The United States Constitution was written to endure for ages to come, and as such, the process of amending it is intentionally difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, and the process begins with Congress proposing an amendment.
The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information. The Governors then formally submit the amendment to their State legislatures, or the state calls for a convention, depending on what Congress has specified. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). When 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 has been completed.
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Ratification process
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted in 1791 as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution.
The first step in the ratification process is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method for proposing amendments that has been used thus far. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval.
Once the amendment is proposed, it is submitted to the State legislatures or a constitutional convention is called, as specified by Congress. A constitutional convention has never been called to propose an amendment. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who is responsible for administering the ratification process.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), has delegated many of the duties associated with this process 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 of them.
The final step in the ratification process occurs when three-fourths of the States (38 out of 50) ratify the proposed amendment. At this point, the amendment becomes part of the Constitution. The Director of the Federal Register 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 serves as official notice to Congress and the Nation that the amendment process has been completed.
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State legislatures
The process of amending the US Constitution through the state legislature route involves proposals generated and ratified by state legislative bodies. This method, outlined in Article V of the Constitution, has never been utilised successfully to enact a constitutional amendment. However, it serves as a theoretical pathway towards
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Limitations
The process of formally amending the US Constitution is a challenging and lengthy endeavour. Since the Constitution was drafted in 1787, there have only been 27 amendments, indicating the rarity of successful amendment proposals. The Constitution grants the authority to propose amendments to Congress, with a two-thirds majority vote required in both the House of Representatives and the Senate. Notably, the President does not play a constitutional role in this process, neither signing nor vetoing the joint resolution.
The US Constitution outlines two methods for proposing amendments: the first, and the only method used thus far, involves a two-thirds majority vote in both houses of Congress. The second method, which has never been utilised, involves two-thirds of state legislatures requesting that Congress convene a Constitutional Convention to propose amendments. This alternative approach underscores the importance of broad support for any proposed changes to the Constitution.
Once an amendment is proposed, it must undergo a ratification process. Ratification can occur through one of two routes: via the legislatures of three-fourths of the states (38 out of 50 states) or through conventions in three-fourths of the states, with Congress determining the mode of ratification. The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process, although they do not make substantive determinations regarding the validity of state ratification actions.
While the US Constitution outlines the amendment process, it does not provide explicit details on the ratification procedure. The process is designed to be stringent and meticulous, ensuring that any changes to the Constitution are thoroughly considered and broadly supported. This deliberate complexity underscores the framers' intention for the Constitution to endure for ages, with amendments reserved for significant issues impacting all Americans or safeguarding their rights.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text.
The process of amending the constitution differs from country to country. In the United States, a proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.
The authority to amend the US Constitution is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process.
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights.
