Jonah Patel
The United States Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending it is a difficult and time-consuming one. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which sets forth procedures for amending the document. 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. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process of amending the Constitution is designed to be challenging, ensuring that the document endures for ages to come.
| 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, or a constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of state legislatures or ratifying conventions in three-fourths of states |
| Amendment certification | Formal proclamation by the Archivist of the United States, published in the Federal Register and U.S. Statutes at Large |
| Amendment validity | An amendment becomes valid and operative when ratified by the required number of states, regardless of any later certification |
| Presidential role | The President has no constitutional role or function in the amendment process |
| Amendment difficulty | The amendment process is designed to be difficult, with only 27 amendments since 1787 |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
- Amendments can also be proposed by a constitutional convention called for by two-thirds of the state legislatures
- A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states
- The Archivist of the United States is responsible for administering the ratification process
- The President does not have a constitutional role in the amendment process
Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amending the Constitution is intentionally difficult, as Chief Justice John Marshall wrote in the early 1800s that the document was "to endure for ages to come".
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far to propose amendments. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document 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, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
Once the OFR has received the required number of authenticated ratification documents from the states, it drafts a formal proclamation for the Archivist of the United States 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 important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. However, another option to propose amendments is for two-thirds of the state legislatures to request Congress to call for a constitutional convention. While this has never happened, there have been calls for a new convention in recent years.
Amending the Constitution: Understanding the Process
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Amendments can also be proposed by a constitutional convention called for by two-thirds of the state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is not an easy task to amend the Constitution, as the framers intended for it to endure for ages. The process is deliberately difficult and time-consuming.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. However, amendments can also be proposed by a constitutional convention called for by two-thirds of the state legislatures. This method has never been used.
In the case of a constitutional convention, two-thirds of the state legislatures would need to request that Congress call for one. This has been attempted several times in the past, but a new convention has never been called. Once the convention is called, amendments can be proposed and then ratified.
The ratification process can occur in two ways, as determined by Congress. The first is through the legislatures of three-quarters of the states (38 out of 50 states). The second method is through ratifying conventions in three-quarters of the states. This second method has only been used once in American history, for the 1933 ratification of the Twenty-First Amendment.
Once an amendment is ratified by enough states, it becomes an operative part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming the amendment duly ratified. 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 is complete.
Amending the Constitution: A Complex Process
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A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states
Amending the United States Constitution is a challenging and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787, indicating the difficulty of the process. The authority to amend the Constitution is derived from Article V of the Constitution.
A proposed amendment must be passed by two-thirds of both houses of Congress, and then it requires ratification by three-quarters of the states to become part of the Constitution. This means that out of 50 states, 38 must ratify the amendment for it to take effect. The process of ratification 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's action. The OFR (Office of the Federal Register) examines these documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once the required number of ratification documents is reached, 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 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 is complete. The amendment becomes an operative part of the Constitution upon ratification by the required number of states, and no further action is necessary. This process ensures that any changes made to the Constitution reflect the will of a significant majority of the states and helps maintain the stability and endurance of the Constitution over time.
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The Archivist of the United States is responsible for administering the ratification process
The process of amending the US Constitution is a complex and lengthy one. The authority to make amendments 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, or by a constitutional convention called for by two-thirds of the state legislatures.
The Archivist of the United States plays a crucial role in this process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This involves several key steps and duties:
Submitting Amendments to States for Ratification
Once an amendment is proposed by Congress, the Archivist submits it to the states for their consideration. This is done by sending a letter of notification to each state governor, along with informational material prepared by the Office of the Federal Register (OFR). The OFR plays an important role in this process by providing states with the necessary information and documents, including formal "red-line" copies of the joint resolution and the statutory procedure for ratification.
Collecting State Ratifications
The Archivist is responsible for collecting and maintaining custody of state ratifications of amendments. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. These documents are then conveyed to the Director of the Federal Register, who examines them for facial legal sufficiency and the presence of an authenticating signature. The OFR retains these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
Certifying Amendments as Part of the Constitution
The Archivist's most significant duty in the ratification process is certifying amendments as part of the Constitution. Once three-fourths of the states (38 out of 50) have ratified an 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 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 is complete. The signing of this certification has become a ceremonial function attended by various dignitaries, including, at times, the President.
The Archivist's role in the ratification process is primarily administrative, following procedures established by the Secretary of State and the Administrator of General Services before NARA became an independent agency in 1985. While the Archivist has delegated some ministerial duties to the Director of the Federal Register, they play a vital role in ensuring the smooth and proper functioning of the constitutional amendment process.
Informal Ways to Change the Constitution
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The President does not have a constitutional role in the amendment process
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a complex and lengthy process, as the framers intended for amendments to be challenging to pass. Since its drafting in 1787, the Constitution has been amended only 27 times, with none of the amendments being proposed by a constitutional convention.
Amendments can 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 require the President's signature or approval. Instead, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. This step underscores the absence of a constitutional role for the President in the amendment process.
The alternative method for proposing amendments is through a constitutional convention, which has never been utilised. This convention can be called for by two-thirds of the state legislatures, and Congress would then need to call for it. This process highlights the intention to involve a significant portion of the states in initiating any changes to the Constitution.
Once an amendment is proposed, it must be ratified. Ratification can occur through the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This step ensures that any amendment reflects the will of a substantial majority of the country. The Archivist of the United States plays a crucial role in administering the ratification process, and their certification of the amendment's validity is final and conclusive.
While the President may attend the signing ceremony of a certified amendment, their presence is ceremonial and not constitutionally mandated. The amendment process is deliberately designed to be challenging, ensuring that any changes to the Constitution reflect a broad national consensus and safeguard the rights of citizens.
Who Holds Power to Amend the Constitution?
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Frequently asked questions
The authority to amend the Constitution of the United States 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 or by a constitutional convention called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states.
Once an amendment is proposed, the original document is forwarded directly to NARA's 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. The OFR also assembles an information package for the states.
The Archivist of the United States is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. Upon receiving the necessary number of state ratifications, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution.
