Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the Constitution, which establishes two methods for proposing amendments. The first method, which has been used for all 27 amendments, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves 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 to become part of the Constitution. The process is administered by the Archivist of the United States, who submits the proposed amendment to the states for consideration. While the convention method was intended to bypass the federal government, it has faced challenges due to concerns about a runaway convention where amendments are proposed on subjects other than the intended purpose.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative amendment proposal | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment submission | Congress has submitted 33 proposed amendments to the states |
| Amendment process | Joint resolution by Congress, bypassing the President |
Explore related products
$9.99 $9.99
![The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p49hyM5WL._AC_UY218_.jpg)
What You'll Learn
Two-thirds majority in Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution provides two methods for proposing amendments. The first method, which has been used for all amendments so far, is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This method ensures that Congress, as the representative body of the people, has the power to initiate changes to the nation's fundamental laws.
To achieve a two-thirds majority in Congress, there must be a vote of two-thirds of the members present in both the House and the Senate. This vote assumes the presence of a quorum, which is the minimum number of members needed to conduct business. It is important to note that the two-thirds majority is based on the members present and voting, rather than the entire membership of both chambers.
Once the amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the states, providing them with the necessary documentation to consider the proposed amendment.
The proposed amendment is then submitted to the states for their consideration. Each state's governor receives a letter of notification, along with the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures, which can either approve or reject the proposed amendment. This process allows for a thorough debate and discussion of the amendment at the state level, ensuring that the states have a direct say in any changes to the Constitution.
It is important to note that, while Congress has the power to propose amendments with a two-thirds majority, the amendment process is not complete until the proposed amendment is ratified. 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 ensures that any changes to the Constitution reflect the will of a significant majority of the country and protects against hasty or unilateral amendments.
The Senate Evolves: Amendments Transform Senatorial Elections
You may want to see also
Two-thirds of state legislatures
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, with the current constitutions of the 50 states having been amended around 7,000 times.
Article V establishes two methods for proposing amendments to the Constitution. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. Congress has followed this procedure to propose 33 constitutional amendments, which were sent to the states for potential ratification. However, the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method allows states to have a say in initiating constitutional change. While this method has never been used to propose an amendment, there have been instances where it came close. For example, in a petition drive for a constitutional limitation on income tax rates, only two states were lacking for the petition to succeed.
Once an amendment is proposed, either by Congress or a constitutional convention, it is submitted to the states for their consideration. Governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50 states). The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
Amending the Constitution: What Changes Would You Make?
You may want to see also
Ratification by three-fourths of states
The process of amending the United States Constitution is outlined in Article V of the Constitution. The Constitution provides two methods for proposing amendments. The first method, which has been used for all 27 amendments ratified thus far, involves a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is sent to the states for ratification. Ratification by three-fourths of the states (38 out of 50 states) is required for an amendment 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 notifies each state governor of the proposed amendment, and the governors then submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.
When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who delegates the duty of examining the ratification documents for legal sufficiency and authenticity to the Director of the Federal Register. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once the Office of the Federal Register (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.
For example, on September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and constitute the first 10 amendments, or the Bill of Rights.
The Fourth Amendment: False Arrests and Unlawful Search and Seizure
You may want to see also
Explore related products
The President's role
The President does not have a constitutional role in the process of amending the Constitution. The Constitution does not specifically outline a role for the President in this process. The joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
However, in some instances, Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after they were approved by Congress.
In recent history, the signing of the certification of an amendment has become a ceremonial function that may include the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Informal Constitution Amendments: Who Holds the Power?
You may want to see also
Runaway convention
The "runaway convention" is a concept in American politics that refers to the fear that a convention called to propose amendments to the Constitution might exceed its mandate and become a forum for radical changes to the country's foundational document. This idea was first popularized in the 1960s and 1970s by left-leaning politicians and activists to block amendments that would overrule liberal Supreme Court decisions. However, it has since been used by both left-wing and right-wing convention opponents.
The possibility of a "runaway convention" is one of the reasons why a convention for proposing amendments has never been held. According to Article V of the U.S. Constitution, Congress must call a convention for proposing amendments when requested by two-thirds of the states (34 states). However, there are differing opinions on whether Congress must adhere to the states' limitations on the convention's scope or whether Congress has the power to set the convention's agenda, rules, and powers. This uncertainty has led to fears that a convention could become a "runaway convention" that attempts to exceed its mandate.
The "runaway convention" scenario is often cited as a reason to oppose holding a convention for proposing amendments. Opponents argue that the composition and protocols of such a convention are unknown, and there is a risk that it could be used to make drastic changes to the Constitution. However, supporters of holding a convention argue that the "runaway convention" is a myth and that the basic procedures for a convention were well-established even before the Constitution was written. They also point out that any amendments proposed by a convention would still need to be ratified by three-fourths of the states (38 out of 50), which is more than the number of states required to call for a convention.
Despite the ongoing debate, no amendments to the Constitution have ever been proposed by a convention. All 27 amendments to date have been proposed by Congress, with 33 of those being submitted to the states for ratification. The high threshold required to call a convention and the fear of a "runaway convention" have likely contributed to this.
Constitutional Amendments: States' Rights and the US Constitution
You may want to see also
Frequently asked questions
The US Constitution provides two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, or by Congress. The second method involves a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is submitted to the states for their consideration. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states and, once ratified by enough states, certifies that the amendment is valid and has become part of the Constitution.
No, none of the amendments to the Constitution have been proposed by a constitutional convention. All proposed amendments have been submitted through a vote in Congress.
Since the Constitution was drafted in 1787, it has been amended 27 times. Some notable amendments include the Bill of Rights, which was adopted four years after the Constitution, the amendment giving women the right to vote, the repeal of Prohibition, and lowering the minimum voting age to 18.
