Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution. The process consists of proposing an amendment and subsequent ratification. 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 called for by two-thirds of state legislatures. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). This process ensures that any changes to the Constitution reflect a significant impact on the nation and secure the rights of citizens.
| 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 proposal method | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Ratification by three-fourths of the states (38 of 50) |
| Amendment submission | Submission by the Governors to their State legislatures |
| Amendment documentation | Receipt of original or certified copy of State action by the Archivist |
| Amendment certification | Formal proclamation by the Archivist |
| Amendment publication | Publication in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
Two-thirds majority in Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the first method for amending the Constitution.
The two-thirds majority vote in each house is a vote of two-thirds of the members present, assuming the presence of a quorum, and not a vote of two-thirds of the entire membership, present and absent. This vote is required for an amendment proposal to be submitted to the states for ratification.
Since the founding of the US, Congress has proposed thirty-three amendments to the Constitution, all of which were proposed using the first method. These amendments were then sent to the states for potential ratification. However, only twenty-seven of these amendments have been ratified and are now part of the Constitution.
The second method for proposing amendments, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method was designed to enable state legislatures to erect barriers against the encroachments of national authority.
The process of amending the Constitution is deliberately difficult and time-consuming. It requires consensus and a clear rule that is capable of mechanical application.
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Ratification by three-quarters of states
The first step is for Congress to propose an amendment, with a two-thirds majority vote in both the House of Representatives and the Senate. The second step is for the amendment to be sent to the states for ratification. Here, the amendment must be ratified by either the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The mode of ratification is determined by Congress.
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 these 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 the required number of authenticated ratification documents has been received, 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 to Congress and the nation that the amendment process has been completed.
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The President has no role
Congress proposes an amendment in the form of a joint resolution. As the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly 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. It 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 the statutory proposal.
The Archivist of the United States, who heads NARA, is then charged with the responsibility for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
The process of proposing an amendment to the Constitution was intentionally designed to exclude the President. Article V of the Constitution, which outlines the process for amending the Constitution, is the result of compromises made during the 1787 Constitutional Convention. One group maintained that the national legislature should have no role in the constitutional amendment process, while another contended that proposals to amend the Constitution should originate in the national legislature and that their ratification should be decided by state legislatures or state conventions.
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Requires joint resolution
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments: through Congress or a constitutional convention.
The first method, requiring a joint resolution, involves both the House and the Senate proposing a constitutional amendment by a two-thirds vote of the members present in each house. This process assumes the presence of a quorum, which means that a certain proportion of members must be present for the vote to be valid. Since the founding of the country, Congress has followed this procedure to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification. However, it is important to note that at least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the required two-thirds majority in each house.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) 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, which includes formal "red-line" copies of the joint resolution and other relevant documents.
The second method for proposing an amendment, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method reflects the belief that proposals to amend the Constitution should originate in state legislatures, and their ratification should be decided by state conventions. While this method has yet to be invoked, it serves as a political tool to safeguard against the encroachments of national authority.
Regardless of the method used to propose an amendment, it 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 can occur through the state legislatures or ratifying conventions in three-fourths of the states, with each state's vote carrying equal weight. The Archivist of the United States and the Director of the Federal Register play a crucial role in administering the ratification process and ensuring its legal sufficiency.
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Over 10,000 proposals submitted
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, with the proposed amendment taking the form of a joint resolution. This process has been followed for all 33 amendments submitted to the states for ratification. However, out of these 33 proposals, only 27 have been ratified and incorporated into the Constitution.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method was designed to address concerns about the role of the national legislature in the amendment process, ensuring that proposals originate from the states themselves.
The process of proposing amendments is just the first step, as outlined in Article V. After an amendment is proposed, it must then be ratified. Ratification can occur in one of two ways: through the legislatures of three-fourths of the states (38 out of 50 states) or via ratifying conventions in three-fourths of the states. This second method has only been used once in American history, during the 1933 ratification of the Twenty-First Amendment.
The process of amending the Constitution is deliberately challenging and time-consuming. Over 10,000 proposals have been introduced in Congress, but the high threshold for approval ensures that only significant changes with broad support become part of the Constitution. The amendments that have been ratified address fundamental issues, such as granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age.
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Frequently asked questions
Article V of the Constitution.
Amendments may be proposed by Congress with 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.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
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, serving as official notice to Congress and the nation that the amendment process is complete.
