Malcolm Rivera
The process of amending the Constitution is a complex and lengthy one. Since the Constitution was drafted in 1787, it has been amended only 27 times, with 33 amendments approved by Congress and sent to the states for ratification. The authority to amend the Constitution comes from Article V, which outlines two methods for proposing amendments. The first method, which has been used for all amendments so far, requires a two-thirds majority vote in both the House 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 (38 out of 50) and does not require presidential approval. The Archivist of the United States plays a crucial role in administering the ratification process, notifying states of proposed amendments and receiving their responses.
| Characteristics | Values |
|---|---|
| Vote in the House of Representatives and the Senate | Two-thirds majority |
| Vote in the State legislatures | Two-thirds majority |
| Ratification by State legislatures | Three-fourths majority (38 out of 50 states) |
| Ratification by State conventions | Three-fourths majority (38 out of 50 states) |
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What You'll Learn
Two-thirds majority vote in both the House of Representatives and the Senate
The process of amending the Constitution 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. This means that at least two-thirds of the members present in each house must vote in favour of the proposed amendment. It is important to note that this is not simply two-thirds of those voting, but two-thirds of all members present, assuming a quorum is met.
This method places the power to initiate amendments in the hands of Congress. A joint resolution is used to propose the amendment, and it is important to note that the President does not have a constitutional role in this process. Once the 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 plays a crucial role in the process by adding legislative history notes, publishing the resolution in slip law format, and creating an information package for the states.
The second method outlined in Article V involves a constitutional convention. This method has never been used to propose any of the amendments to the Constitution. It requires two-thirds of the state legislatures to call for a convention for proposing amendments. This process bypasses Congress and allows for a more direct approach to amending the Constitution.
Once an amendment is proposed, either through a congressional resolution or a constitutional convention, it must then be ratified. Ratification can occur through one of two methods, as determined by Congress. The first method requires ratification by three-fourths of the state legislatures, while the second method involves ratification by three-fourths of state ratifying conventions.
The process of amending the Constitution is deliberately difficult and time-consuming. It requires broad consensus and support for a proposed amendment to succeed. This ensures that any changes made to the Constitution reflect the values and needs of the majority of Americans.
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Ratification by three-fourths of the States
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who is responsible for administering the ratification process, delegates many of the duties to the Director of the Federal Register.
Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register. The Director examines the ratification documents for 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). This means that for an amendment to be ratified, it must be approved by three-fourths of the state legislatures or by conventions in three-fourths of the States, as determined by Congress. This is the final step in the amendment process, and once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted for the Archivist to certify the amendment as valid and part of the Constitution.
The process of amending the Constitution is deliberately difficult and time-consuming. Since the founding of the United States, there have been over 11,000 proposals to amend the Constitution, but only 27 amendments have been successfully ratified and added to the Constitution. This highlights the significance and weight of each amendment that has become a part of the nation's founding document.
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A convention called for by two-thirds of State legislatures
The Constitution outlines two methods for proposing amendments. One method requires a two-thirds majority vote in both the House of Representatives and the Senate. The other method involves a convention called for by two-thirds of the state legislatures.
This answer will focus on the latter method, which has not been used for any of the 27 amendments to the Constitution. In this process, two-thirds of state legislatures must request that Congress call a convention for proposing amendments. Once an amendment is proposed at this convention, it must be ratified by three-quarters of the state legislatures or three-quarters of state ratifying conventions, depending on the mode of ratification chosen by Congress.
The process of amending the Constitution is deliberately difficult and time-consuming. The idea behind the amendment must be significant, impacting all Americans or securing the rights of citizens. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by three-quarters of the states (38 out of 50).
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 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, which is then conveyed to the Director of the Federal Register. The Director 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. Once an amendment is adopted, the Director transfers the records to the National Archives for preservation.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of a proposed amendment to the Constitution. The Archivist is appointed by the President with the advice and consent of the Senate. The current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden in 2022.
The Archivist's role in the ratification process is to ensure that the process is carried out in accordance with the law. This includes receiving an original or certified copy of state action from a state that has ratified a proposed amendment. The Archivist then conveys this document to the Director of the Federal Register, who 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. Once an amendment is adopted, the Director transfers the records to the National Archives for preservation.
The Archivist also submits the proposed amendment to the states for their consideration by sending a letter of notification to each governor, along with informational material prepared by the Office of the Federal Register (OFR). The OFR plays a crucial role in the process by providing states with formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.
When the OFR receives 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 then published in the Federal Register and U.S. Statutes at Large, serving 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. The signing of this certification has become a ceremonial function attended by various dignitaries, including, at times, the President.
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The President has no role in the amendment process
Once approved by Congress, the joint resolution proposing a constitutional amendment does not require presidential approval before it goes out to the states. While Article I, Section 7 provides that all federal legislation must, before becoming law, be presented to the President for his or her signature or veto, Article V provides no such requirement for constitutional amendments approved by Congress or by a federal convention.
After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with the responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
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Frequently asked questions
A two-thirds majority vote in both the House of Representatives and the Senate is required to propose a constitutional amendment.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval.
An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
The Constitution has been amended 27 times since 1787, including amendments that gave women the right to vote, abolished poll taxes, and lowered the minimum voting age to 18.
