Jonah Patel
The first stage of the constitutional amendment process involves proposing an amendment. This can be done in two ways. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, which sends the proposed amendment to the states for ratification. The second method involves two-thirds of state legislatures asking Congress to call a constitutional convention, where amendments can be proposed. The first method is the only one that has been used thus far. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposer | Constitutional convention called for by two-thirds of the State legislatures |
| Amendment proposal format | Joint resolution |
| Amendment proposal destination | NARA's Office of the Federal Register (OFR) |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
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What You'll Learn
Two-thirds majority in Congress
The first step in the constitutional amendment process is for two-thirds of both the House of Representatives and the Senate to propose and vote on a constitutional amendment. This is known as the "proposal stage", and it is a crucial step in the process of amending the United States Constitution. This step is outlined in Article V of the Constitution, which provides the authority to amend this important document.
Achieving a two-thirds majority in Congress is a challenging task and has only been accomplished 33 times in history. This high threshold ensures that any changes made to the Constitution have significant support and are not easily influenced by transient political trends. It also reflects the importance and seriousness of amending the nation's foundational document.
During this stage, members of Congress carefully consider the proposed amendment and its potential impact on the country. The amendment must address a significant issue affecting all Americans or securing the rights of citizens. It cannot be a minor change or a temporary solution to a current political dispute. The amendment must also be in line with the principles and values enshrined in the Constitution and should not contradict or compromise its fundamental tenets.
Once the two-thirds majority threshold is achieved in both chambers of Congress, the proposed amendment moves to the next stage of the process, which involves sending it to the states for ratification. This is where the amendment proposal gains further legitimacy and ensures that it is not imposed on the states without their consent. The involvement of the states in the ratification process is a key feature of the constitutional amendment process, giving it a federalist character.
It is worth noting that, while the President of the United States does not have a direct role in proposing or approving constitutional amendments, they may still exert influence through other means, such as public statements or signing certifications for amendments as a witness, as seen in the cases of Presidents Johnson and Nixon.
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Two-thirds of state legislatures
Article V of the United States Constitution outlines the process for amending the nation's frame of government. It provides two methods for proposing amendments: the first method, which has been used for all 33 amendments submitted to the states for ratification, involves a two-thirds majority vote in both the House of Representatives and the Senate. This sends the proposed amendment to the states for ratification.
The second method, which has never been used, involves two-thirds of state legislatures requesting that Congress call a constitutional convention for proposing amendments. This method, also known as the convention option, has been described as a political tool that would enable state legislatures to "erect barriers against the encroachments of the national authority." While this method has yet to be invoked, there have been calls for a new constitutional convention by some individuals, including retired federal judge Malcolm R. Wilkey.
When two-thirds of state legislatures request a constitutional convention, Congress must call for one. States then send delegates to this convention, where they can propose amendments to the Constitution. There can be many amendments proposed during this time. After the convention, three-fourths of the states must ratify a given amendment, either through their legislatures or special ratifying conventions. This process has only been utilized once in American history, with the 1933 ratification of the Twenty-First Amendment.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution proposing an amendment does not require presidential approval. The original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
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Congress proposes an amendment
The first step in the constitutional amendment process is for Congress to propose an amendment. This is derived from Article V of the Constitution, which outlines two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is a vote of two-thirds of the members present, assuming a quorum is present, and not a vote of two-thirds of the entire membership. This procedure has been followed by Congress to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
The second method is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments. The states would then send delegates to this convention to propose amendments to the Constitution.
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 adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the states, including formal "red-line" copies of the joint resolution and copies in slip law format.
The Archivist of the United States, who heads NARA, is then responsible for administering the ratification process. 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 Congress's specifications.
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Ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The first stage of this process involves two methods of proposing amendments, both of which require a two-thirds majority. The first method is for two-thirds of both the House of Representatives and the Senate to propose and vote on a constitutional amendment. The second method is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments.
Once an amendment has been proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be achieved through state legislatures or special ratifying conventions. State legislatures are the most common method of ratification, with 27 amendments being ratified by this method. Ratification through state convention has only been used once, for the 21st Amendment, which repealed Prohibition.
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. Once the required number of authenticated ratification documents is received, the Director of the Federal Register 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 requirement for ratification by three-fourths of the states ensures widespread agreement and highlights the importance of each alteration to the Constitution. It embodies the federal nature of the US government and promotes representative governance by considering the interests and perspectives of different regions. This process empowers states and ensures that local voices play a role in shaping national laws.
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No presidential approval needed
The first stage of the constitutional amendment process in the United States is for two-thirds of both the House of Representatives and the Senate to propose and vote on a constitutional amendment. This sends the proposed amendment to the states for ratification.
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 is known as a joint resolution. 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.
It is important to note that the President does not have a constitutional role in the amendment process. As a result, the joint resolution does not require presidential approval and does not go to the White House for signature or approval. Instead, it is sent directly to the states for ratification.
This process is outlined in Article V of the Constitution, which provides the authority to amend the Constitution. While Article I, Section 7 states that federal legislation must be presented to the President for signature or veto, Article V does not include a similar requirement for constitutional amendments. The Supreme Court affirmed this interpretation in Hollingsworth v. Virginia (1798), confirming that constitutional amendments do not require presidential approval.
In summary, the first stage of the constitutional amendment process involves a two-thirds majority vote in both chambers of Congress to propose an amendment, which is then sent directly to the states for ratification without requiring presidential approval.
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Frequently asked questions
The first step in the constitutional amendment process is to propose an amendment. This can be done in two ways:
- By Congress, with a two-thirds majority vote in both the House of Representatives and the Senate.
- By a constitutional convention called for by two-thirds of the state legislatures.
The second step is for three-fourths of the states to ratify the proposed amendment, either by their legislatures or through special ratifying conventions.
No, all 33 amendments submitted to the states for ratification have originated in Congress.
Once an amendment is ratified, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
