Amending The Constitution: The Process Of Change

Adding to, or amending, the US Constitution is a difficult and time-consuming process. The authority to do so is derived from Article V of the Constitution, which establishes two methods for proposing amendments. The first method, and the only one used so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method 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 US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, adopted in 1791. While some call for a new constitutional convention to address issues like term limits and budget amendments, others argue that political fixes do not necessarily belong in the Constitution.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$102.5 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

American Constitutional Law: Introductory Essays and Selected Cases

$140

The process of amending the US Constitution

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the State legislatures. However, in practice, all 27 amendments to the Constitution have been proposed by Congress. The President does not have a constitutional role in the amendment process.

Once an amendment is proposed, it is forwarded to the National Archives and Records Administration's (NARA) 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. They also assemble 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.

The proposed amendment is then submitted to the State legislatures, which can ratify it. 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 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).

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. The signing of the certification has become a ceremonial function attended by various dignitaries, sometimes including the President.

Article V of the Constitution

Article V of the US Constitution outlines the procedures for amending the Constitution. It establishes two methods for proposing amendments and two methods for states to ratify amendments.

The first method for proposing an amendment requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used to propose amendments thus far. The second method involves calling a constitutional convention upon the request of two-thirds of the state legislatures. This method has yet to be invoked.

Once an amendment is proposed, it must be ratified. The first method of ratification requires the approval of three-fourths of the state legislatures. Alternatively, amendments can be ratified by conventions in three-fourths of the states. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist's role is primarily ceremonial, and they delegate many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. When an amendment is ratified, it becomes part of the Constitution.

Since the founding of the United States, Congress has proposed thirty-three amendments, of which twenty-seven have been ratified by the states. These include the first ten amendments, known as the Bill of Rights.

While Article V lays out the procedures for amending the Constitution, there is debate among scholars about whether it is the exclusive means of doing so. Some argue that there may be other routes to amendment, including through the actions of the people, independent of the government. Additionally, it is pointed out that judicial decisions and the evolution of constitutional institutions have introduced new meanings and interpretations to the Constitution that may deviate from the original intent of the Founders.

The role of Congress in proposing amendments

Adding to the Constitution is called amending, and the process of amending the Constitution is very difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, and all of these amendments were proposed by Congress.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least two-thirds of the members present in each house must vote in favour of the amendment, assuming a quorum is present. The joint resolution does not go to the White House for signature or approval, as the President does not have a constitutional role in the amendment process. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

Once an amendment is proposed by Congress, it is sent to the states for potential ratification. 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). The ratification process is administered by the Archivist of the United States, who heads NARA. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Director of the Federal Register 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 until an amendment is adopted or fails. At this point, the records are transferred to the National Archives for preservation.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. While the President does not have a constitutional role in the amendment process, they may witness the certification of amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.

Explore related products

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

The Liberty Amendments: Restoring the American Republic

$15.72 $26.99

A Companion to the United States Constitution and Its Amendments

$34.65 $45

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

$21.34 $22.95

Ratification by state legislatures

The process of adding to the Constitution of the United States is called an amendment. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves several steps and requires the involvement of Congress, the state legislatures, and the National Archives and Records Administration (NARA).

Once Congress proposes an amendment, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, including formal copies of the joint resolution and the statutory procedure for ratification. The proposed amendment is then submitted to the states for their consideration.

When it comes to "Ratification by State Legislatures," the governors formally submit the proposed amendment to their state legislatures. In some cases, a state may call for a convention, depending on what Congress has specified. It is important to note that some state legislatures have taken action on a proposed amendment even before receiving official notification.

For a proposed amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When a state ratifies an amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who is responsible for administering the ratification process. The Archivist's role is primarily procedural, and they do not make substantive determinations regarding the validity of state ratification actions. The documents are examined for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody until the amendment is adopted or fails.

The process of "Ratification by State Legislatures" is a crucial aspect of amending the Constitution, ensuring that any changes made to the nation's founding document reflect the will of the people in each state and uphold the principles of democracy and federalism.

The difficulty of amending the Constitution

The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, with the last amendment being made in 1992. This is because the framers of the Constitution intended for it to be an "enduring" document that would stand the test of time. To that end, they outlined a rigorous amendment process in Article V of the Constitution.

The first step in the amendment process is for an amendment to be proposed. An amendment can be proposed in two ways: either 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. Once an amendment is proposed, it must be ratified. Ratification requires the approval of three-fourths of the states (38 out of 50 states). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).

The difficulty in amending the Constitution lies in the high thresholds required for both the proposal and ratification stages. Achieving a two-thirds majority in both houses of Congress is a significant challenge, made even more difficult by the close political divide in Congress. Similarly, gaining the support of three-fourths of the states is a daunting task, especially given the diversity and varying interests of the states.

Additionally, the subject matter of the amendment must be considered. The framers intended for the Constitution to be a document of major impact, affecting all Americans or securing the rights of citizens. Thus, amendments that are seen as mere political fixes or lacking in significance may face greater opposition. Furthermore, success in overturning Supreme Court constitutional decisions has been rare, with only two amendments out of 27 achieving this.

While the difficulty in amending the Constitution has been a source of frustration for some, others argue that it is necessary to preserve the stability and longevity of the nation's governing document. The high bar for amendment ensures that any changes made to the Constitution reflect a broad consensus and are in the best interests of the country as a whole.

Frequently asked questions