Eleanor Finch
The process of amending the US Constitution is a complex and lengthy procedure, outlined in Article V of the Constitution, which has only been amended 27 times since 1787. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention requested by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of state legislatures or conventions, a process overseen by the National Archives and Records Administration (NARA). This ensures that any changes to the Constitution are significant and widely supported, impacting all Americans or securing citizens' rights.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | By a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | By legislatures of three-fourths of the States |
| Amendment ratification alternative | By conventions in three-fourths of the States |
| Number of amendments to the Constitution | 27 |
| Difficulty of the amendment process | High |
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What You'll Learn
Two-thirds majority in Congress
The process of amending the United States Constitution is outlined in Article V of the Constitution. This article establishes a two-method process for proposing amendments, one of which involves a two-thirds majority vote in Congress.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, demonstrating a strong consensus among lawmakers. This high threshold ensures that any proposed amendment has substantial support within Congress and is not merely a partisan effort. It also reflects the framers' intention to make amending the Constitution a challenging task, ensuring its longevity and stability.
Once the two-thirds majority in Congress is achieved, the proposed amendment 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, adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble information packages for the states, providing them with the necessary documentation to review and consider the proposed amendment.
The role of the OFR in the amendment process is not limited to the initial stages. They are also responsible for receiving and examining ratification documents from the states. Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR verifies the authenticity and legal sufficiency of the ratification documents before drafting a formal proclamation certifying the amendment's validity. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
While achieving a two-thirds majority in Congress is a significant step in the amendment process, it is important to recognize that no amendment has taken effect solely through this method. All 27 amendments to the Constitution, including the Bill of Rights, have required ratification by the states. Nonetheless, the two-thirds majority vote in Congress is a critical first step, setting in motion the process of amending the nation's foundational document.
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Ratification by three-fourths of states
The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a difficult and time-consuming process, as Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come".
The first step in the amendment process is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose an amendment. Once an amendment has been proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This can be done through the state legislatures or ratifying conventions, with Congress determining the method of ratification.
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 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 an original or certified copy of the state action. The Director of the Federal Register examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
Once the required number of authenticated ratification documents has been received by the Office of the Federal Register (OFR), 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 to Congress and the nation that the amendment process has been completed. The signing of this certification has become a ceremonial function attended by various dignitaries, sometimes including the President.
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The President has no role
The process of amending the United States Constitution is outlined in Article V of the Constitution. Notably, the President has no role in this process. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which does not go to the White House for the President's signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
The process of proposing an amendment through Congress ensures that any changes to the Constitution require a significant degree of consensus and support. By requiring a two-thirds majority vote in both chambers, the bar for amending the Constitution is set high, reflecting the framers' intention to create a durable and enduring document.
Once an amendment is proposed by Congress, it is then submitted to the states for ratification. Here again, the President does not have a formal role. The process of ratification is overseen by the Archivist of the United States, who heads NARA, and the Director of the Federal Register. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register for review and custody.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states, or 38 out of 50 states. This can be achieved through the legislatures of the states or by ratifying conventions conducted in three-fourths of the states. The method of ratification is determined by Congress. While the President may be present at the ceremonial signing of the certification of an amendment, it is the Archivist who certifies the validity of the ratification documents, and this certification serves as official notice to the Congress and the nation that the amendment process has been completed.
The absence of the President's role in the amendment process is a deliberate feature of the constitutional design. The framers of the Constitution sought to balance the need for a durable framework of government with the ability to make necessary changes over time. By excluding the President from the amendment process, the framers ensured that amendments reflect a broad consensus across the nation, rather than being influenced by the executive power or partisan politics of the time.
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Two methods for states to ratify
Article V of the United States Constitution outlines the procedure for amending the Constitution. It establishes two methods for states to ratify amendments:
Ratification by State Legislatures
The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. This means that out of the 50 states, 38 states must approve the proposed amendment for it to become part of the Constitution. This method involves the state governors formally submitting the amendment to their state legislatures. Once a state ratifies the proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process.
Ratification by State Ratifying Conventions
The second method of ratification, which has never been used, involves Congress requiring three-fourths of state ratifying conventions to approve a proposed amendment. This method is sometimes referred to as the "convention option" and was intended to enable state legislatures to erect barriers against the encroachments of national authority. While this method has yet to be invoked, it serves as an alternative approach to achieving the required ratification by three-fourths of the states.
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Article V outlines the process
Once an amendment is proposed, it must be ratified. Congress decides the method of ratification. Three-fourths of state legislatures must ratify the amendment, or three-fourths of states must hold ratifying conventions. This second method has only been used once, in 1933, for the Twenty-First 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 has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once the required number of ratification documents is verified, the Archivist certifies the amendment, and it becomes part of the Constitution.
Article V also makes certain subjects unamendable. It prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate. Additionally, no amendment can affect the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves before 1808.
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Frequently asked questions
Article V of the US Constitution outlines the process of amending the document. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request Congress to call a constitutional convention to propose amendments. Following either of these methods, the amendment must be ratified by three-fourths of the state legislatures or ratifying conventions in three-fourths of the states.
The President does not have a constitutional role in amending the Constitution. The joint resolution proposing an amendment does not require the signature or approval of the President. However, in recent times, the President may be invited to the ceremonial signing of the certification of an amendment.
There have been 27 amendments to the Constitution since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously. More than 10,000 measures to amend the Constitution have been proposed in Congress.
Once a proposed amendment is passed by Congress or a constitutional convention, it is submitted to the states for ratification. The state legislatures or ratifying conventions in three-fourths of the states (38 out of 50) must approve the amendment for it to become part of the Constitution. The OFR examines ratification documents for authenticity and legal sufficiency. Once the required number of ratified documents is verified, the Archivist certifies the amendment as valid, and it becomes part of the Constitution.
Yes, the last two sentences of Article V make certain subjects unamendable. The first sentence, which has expired, prohibited amendments before 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. The second sentence, which is still in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate.
