Simone Lawson
The United States Constitution has only been amended 27 times since its adoption, due to the rigorous requirements laid out in Article V, which set forth the procedures for amending the Constitution. The role of Congress in this process is crucial, as it can propose Amendments to the Constitution, which are then sent to the states for ratification. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, which amounts to 290 out of 435 members of the House and 67 out of 100 members of the Senate agreeing on the amendment. Once Congress approves the amendment, three-fourths of the states, or 38 out of 50 states, must ratify it for it to become part of the Constitution. This ensures that only amendments with widespread support can be enacted.
| Characteristics | Values |
|---|---|
| Number of amendments since adoption | 27 |
| Number of amendments since being drafted in 1787 | 27 |
| Number of amendments required to call a convention | 2/3 |
| Number of states required to ratify an amendment | 38 out of 50 |
| Number of members in the House required to agree on an amendment | 290 out of 435 |
| Number of members in the Senate required to agree on an amendment | 67 out of 100 |
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What You'll Learn
Two-thirds majority vote in both the House of Representatives and the Senate
The United States Constitution was designed to be a stable and enduring document, with a rigorous amendment process. The Constitution has been amended only 27 times since it was drafted in 1787, and any proposed changes must have a significant impact on all Americans or secure the rights of citizens.
Congress plays a crucial role in the amendment process, as outlined in Article V of the Constitution. To propose an amendment, Congress requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that 290 out of 435 members of the House and 67 out of 100 members of the Senate must agree. This "supermajority" requirement ensures that amendments have widespread support and are not passed lightly.
The two-thirds majority vote in both chambers of Congress is the first step in the amendment process. Once an amendment is proposed by Congress, it is sent to the states for ratification. This process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who plays a key role in the process.
After Congress proposes an amendment, it is the responsibility of the states to ratify it for the amendment to become part of the Constitution. According to Article V, three-fourths of the states (38 out of 50 states) must approve the amendment for it to be enacted. This gives the states significant power in the amendment process, as they can either support or reject proposed changes.
The process of amending the Constitution is deliberately challenging, and the two-thirds majority vote in the House of Representatives and the Senate is just the first step. This requirement ensures that any proposed amendment has strong support in Congress before it is considered by the states, underscoring the framers' intent to create a stable and enduring Constitution.
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Congress proposes an amendment
The United States Constitution was designed to be a stable and enduring document. As such, amending it is a difficult and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
Congress plays a crucial role in the amendment process. To propose an amendment, either the House of Representatives or the Senate must pass it by a two-thirds majority vote. This means that 290 out of 435 members of the House and 67 out of 100 members of the Senate must agree on the amendment. The amendment is then sent to the states for ratification.
The process for Congress to propose an amendment begins with a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's 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. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
Once Congress has proposed an amendment, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process. The Archivist has delegated many of the ministerial duties associated with this function 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). 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 to Congress and the Nation that the amendment process has been completed.
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States must ratify the amendment
The United States Constitution was crafted with the intention of enduring for ages. To ensure its longevity, the framers made it a challenging task to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
Amending the Constitution is a rigorous process, as outlined in Article V. The process begins with a proposal for an amendment, which must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This means that 290 out of 435 members of the House and 67 out of 100 members of the Senate must agree on the amendment. Alternatively, Article V provides that Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. However, this method has never been used.
Once Congress approves the amendment, it is sent to the states for ratification. This is where the states play a significant role in the amendment process. The amendment must be ratified by the legislatures of three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This high bar set by the framers ensures that only amendments with widespread support are enacted.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist or the Director an original or certified copy of the state action. The OFR examines these documents for authenticity and legal sufficiency. Once the required number of ratified documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
In conclusion, while Congress plays a crucial role in proposing amendments, it is the states that ultimately decide whether an amendment is ratified and becomes part of the Constitution. The rigorous process of amending the Constitution underscores the framers' intent to create a stable and enduring system of governance.
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Three-fourths of the states must approve the amendment
The United States Constitution was designed to be a stable and enduring document. As such, the process of amending it is deliberately difficult and time-consuming. The role of Congress in this process is crucial. To propose an amendment, either the House of Representatives or the Senate must pass it by a two-thirds majority vote. This is the only method for proposing amendments that has been used thus far.
Once Congress has approved the amendment, it is sent to the states for ratification. Three-fourths of the states, or 38 out of 50, must approve the amendment for it to be enacted. This high bar ensures that only amendments with widespread support are passed. The states, therefore, have significant power in the amendment process, as they can either support or reject proposed changes.
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. When a state ratifies a proposed amendment, it sends the Archivist or the Director an original or certified copy of the state action. The OFR examines 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.
Once three-fourths of the 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 published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process has been completed.
The rigorous requirements for amending the Constitution have resulted in only 27 amendments being passed since its adoption. This includes the first ten amendments, adopted four years later as the Bill of Rights. The high bar for passing amendments ensures that only significant changes affecting all Americans or securing the rights of citizens are enacted.
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The Archivist certifies the amendment
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines 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 Office of the Federal Register (OFR) retains these documents until an amendment is adopted or fails.
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. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, which was also the first and so far only constitutional amendment to be certified by the Archivist of the United States.
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Frequently asked questions
Congress plays a crucial role in the amendment process. An amendment must be passed by two-thirds of both houses of Congress (290 out of 435 members of the House and 67 out of 100 members of the Senate must agree) and then ratified by three-fourths of state legislatures.
27 times.
An amendment must be proposed by either the House of Representatives or the Senate.
Once an amendment is proposed by Congress, it is sent to the states for ratification.
After Congress proposes an amendment, the Archivist of the United States is charged with administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once the required number of authenticated ratification documents are received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid.
