Jonah Patel
The Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending it is incredibly difficult and time-consuming. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines two ways to propose and ratify amendments. The first method is for two-thirds of both the House of Representatives and the Senate to propose and vote on a constitutional amendment, sending it to the states for ratification. The second method is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments. For an amendment to become an operative part of the Constitution, it must be ratified by three-fourths of the state legislatures or state ratifying conventions. Amendments to a constitution can take the form of revisions to the previous text or be appended to the end of the main text as special articles.
| Characteristics | Values |
|---|---|
| Authority | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | Three-fourths of the states (38 of 50 states) |
| Amendment recording | Revisions to the previous text or appended to the end of the main text as special articles of amendment |
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What You'll Learn
- Two-thirds of the House of Representatives and the Senate propose and vote on a constitutional amendment
- Three-fourths of the states ratify the proposed amendment
- The Archivist certifies that the amendment is valid
- Amendments are recorded as revisions to previous text
- Amendments are appended to the main text as special articles
Two-thirds of the House of Representatives and the Senate propose and vote on a constitutional amendment
The Constitution provides that an amendment may be proposed by two-thirds of both the House of Representatives and the Senate, or Congress. This is also known as having a two-thirds majority vote. This proposal is then sent to the states for ratification.
The process of amending the Constitution is a formal and rigorous procedure, with only 27 successful amendments since the Constitution was drafted in 1787. The first 10 amendments were adopted in 1791 as the Bill of Rights. The idea for an amendment must be of major significance, impacting all Americans or securing the rights of citizens.
When two-thirds of the House of Representatives and the Senate propose and vote on a constitutional amendment, this is the first step in one of the two pathways to amending the Constitution. This proposal is then sent to the states for ratification.
The second step is for three-fourths of the states to ratify the proposed amendment. This can be done either through their legislatures or special ratifying conventions. This step is crucial, as it ensures that the amendment has the support of a significant majority of the states. Once the required number of states has ratified the amendment, it becomes part of the Constitution.
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Three-fourths of the states ratify the proposed amendment
The Constitution of the United States is a highly important document, and as such, it is incredibly difficult to meet the requirements needed to ratify an amendment. The process of amending the Constitution is derived from Article V of the Constitution, which outlines a few different ways in which the Constitution can be modified.
One formal method of amending the Constitution involves three-fourths of the states ratifying the proposed amendment, either by their legislatures or through special ratifying 'conventions'. This process is initiated when two-thirds of both the House of Representatives and the Senate propose and vote on a constitutional amendment, sending it to the states for their consideration. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in this process by submitting the proposed amendment to the states and administering the ratification process.
Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines these documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails.
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). At this point, 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.
It is worth noting that none of the amendments to the Constitution have been proposed by a constitutional convention. Instead, Congress proposes amendments in the form of joint resolutions, and these are forwarded directly to NARA's OFR for processing and publication. The OFR also assembles information packages for the states, providing them with the necessary information to consider the proposed amendment.
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The Archivist certifies that the amendment is valid
The Archivist plays a crucial role in the process of amending the US Constitution. While Article V of the Constitution outlines the procedures for proposing and ratifying amendments, the Archivist is responsible for administering the ratification process. This process can begin when two-thirds of both Houses of Congress vote to propose an amendment, or when two-thirds of state legislatures request a Constitutional Convention to propose amendments.
Once an amendment is proposed, the Archivist works closely with the Director of the Federal Register (OFR) to manage the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The OFR examines these documents for facial legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody.
The OFR retains these documents until an amendment is adopted or fails. For an amendment to be adopted, it must be ratified by three-fourths of the states (38 out of 50). 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 a critical step in the process, serving as official notice to Congress and the nation that the amendment process is complete.
The Archivist's certification is final and conclusive regarding the facial legal sufficiency of ratification documents. The signing of this certification has become a ceremonial function, sometimes attended by dignitaries, including the President. This certification is a key moment in the amendment process, signifying that the proposed amendment has met the rigorous requirements for becoming part of the Constitution.
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Amendments are recorded as revisions to previous text
The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787. The process of amending the Constitution is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states, either by their legislatures or through special ratifying conventions.
Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. This means that once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. This is the most common way of recording amendments to a constitution.
The less common method is for amendments to be appended to the end of the main text in the form of special articles, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. This means that, in the event of conflict, an article of amendment will take precedence over the provisions of the original text, or of an earlier amendment.
The process of amending the Constitution is a formal and rigorous procedure. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The OFR, a part of NARA, plays a crucial role in examining ratification documents, drafting a formal proclamation, and preserving records.
The process of amending the Constitution ensures that any changes made are carefully considered and widely accepted, reflecting their significance in shaping the nation's legal framework.
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Amendments are appended to the main text as special articles
Amending a constitution is a formal and often challenging process. The US Constitution, for example, has been amended only 27 times since 1787, with amendments requiring a two-thirds majority vote in both the House of Representatives and the Senate to be proposed and sent to the states for ratification.
Once an amendment is ratified, it becomes an operative part of the constitution. There are two main ways in which ratified amendments are recorded and appended to the main text. The first and most common method involves revisions to the previous text, where portions of the original text may be deleted or new articles inserted. This approach directly alters the existing wording of the constitution.
The second method, which is less commonly used, involves appending the amendment to the end of the main text as a special article or codicil. This approach leaves the original text intact while introducing supplemental additions that change the frame of government. While the wording of the original document remains unaltered, the doctrine of implied repeal comes into effect. This means that in the event of conflicting clauses, the article of amendment generally takes precedence over the provisions of the original text or an earlier amendment.
This second method ensures that the core principles and wording of the constitution remain untouched. However, it also introduces a level of complexity, as it may not always be clear whether an amendment is intended to supersede or merely supplement an existing article. This approach, therefore, requires careful consideration and interpretation to ensure a coherent understanding of the constitution as a whole.
The choice between these two methods depends on various factors, including the nature of the amendment, the specific requirements of the jurisdiction, and the preferences of those involved in the amendment process. Each approach has its own advantages and considerations, contributing to the nuanced and intricate nature of constitutional amendments.
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Frequently asked questions
One formal method of amending the US Constitution is by proposing an amendment through a two-thirds majority vote in both the House of Representatives and the Senate, which sends the proposed amendment to the states for ratification.
After Congress proposes an amendment, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The original document is sent to NARA's Office of the Federal Register (OFR), which adds legislative history notes and publishes it in slip law format.
The next step is for three-fourths of the states (currently 38 out of 50) to ratify the proposed amendment, either through their legislatures or special ratifying conventions. This step can be initiated by the governors, who formally submit the amendment to their state legislatures, or by the states calling for a convention.
Once the required number of states (three-fourths) ratifies 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, serving as official notice of the amendment's completion.
Another way to propose an amendment is through a constitutional convention called for by two-thirds of the state legislatures. This method has never been used for any of the amendments to the Constitution. The legislatures can put the question of calling a convention on any ballot, specifying whether it is limited to amending the current constitution or writing a new one.
