Isabella Carter
The first way an amendment can be ratified is through the approval of three-fourths of the state legislatures. This method has been used for every amendment to the Constitution thus far. Congress proposes an amendment, which is then sent to the states for ratification. Once three-quarters of the states have ratified the amendment, it becomes part of the Constitution. This process is outlined in Article V of the Constitution, which gives Congress the authority to amend it.
| Characteristics | Values |
|---|---|
| First method of ratification | Requires three-fourths of the state legislatures to ratify an amendment to the Constitution |
| Alternative method | Requires three-fourths of state ratifying conventions to approve a proposed amendment |
| Congress's role | Congress determines which method the states must follow in order for proposed amendments to become effective |
| Time limit | Congress has specified a seven-year time limit for the ratification of recent proposed amendments |
| Exceptions | The Twenty-First Amendment is the only amendment ratified by three-fourths of state ratifying conventions |
Explore related products
What You'll Learn
Congress proposes an amendment to the states
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment to the states, which is the first method of ratification. This method has been used for every amendment to date.
For Congress to propose an amendment, two-thirds of each House of Congress must vote for it. This is done in the form of a joint resolution, which is then forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then prepares 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 then 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.
Once three-quarters of the states (38 out of 50) have ratified the amendment, it becomes part of the Constitution. The OFR examines 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. The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Congress has the sole discretion to choose between two methods of ratification. While every amendment except for the Twenty-First Amendment has been ratified by state legislatures, Congress can specify that three-quarters of state ratifying conventions must approve a proposed amendment.
Unsettled Amendments: Six Constitutional Questions
You may want to see also
Three-fourths of state legislatures must ratify
The first method of ratifying an amendment to the Constitution of the United States involves three-fourths of state legislatures ratifying the amendment. This process is outlined in Article V of the Constitution, which gives Congress the authority to amend it. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is 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 informational material. The governors then formally submit the amendment to their state legislatures. When a state ratifies the 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.
For an amendment to be ratified, three-fourths of the states must approve it. This means that if thirteen or more states object to a proposal, it will not become an amendment. In this way, a small minority of the country has the power to prevent an amendment from being added to the Constitution. While there is no specified time frame for ratification, Congress has recently imposed a seven-year limit for proposed amendments.
Historically, every amendment to the Constitution has been ratified by state legislatures, except for the Twenty-First Amendment, which repealed Prohibition. This amendment was ratified by three-fourths of state ratifying conventions, as specified by Congress. The process of ratifying an amendment by state legislatures is well-established and has been used for every amendment except for the Twenty-First.
Amending the Constitution: An Easy Path to Explore
You may want to see also
Congress decides the ratification method
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate.
Once the amendment is proposed, Congress decides the ratification method, choosing between two options for the states to ratify an amendment. The first method of ratification, which has been used for every amendment thus far, involves the state legislatures. Specifically, three-fourths of the state legislatures must ratify the amendment for it to become part of the Constitution.
The second method, which has only been specified once for the Twenty-First Amendment, involves state ratifying conventions. In this case, three-fourths of state ratifying conventions must approve the proposed amendment.
Congress also has the power to specify a time limit for ratification, typically setting a seven-year limit. For example, in 1978, Congress extended the Equal Rights Amendment's (ERA) ratification deadline from 1979 to 1982. Additionally, Congress determines the mode of ratification, as demonstrated by their role in the amendment process.
Amendments: Why the Constitution Evolves
You may want to see also
Explore related products
State legislatures can call conventions
The authority to amend the US Constitution is derived from Article V of the Constitution. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. State legislatures can call conventions to ratify proposed amendments. Congress can also require that three-fourths of state ratifying conventions approve a proposed amendment. This second mode of amendment has only been specified once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The process begins with Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then submitted to the States for their consideration. Governors formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
State legislatures are the part of the state government that enacts laws for the state. 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 an original or certified copy of the State action to the Archivist of the United States, who has the responsibility for administering the ratification process.
The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. Once three-fourths of the states have ratified the amendment, it becomes part of the Constitution.
Texas Amendments: Votes Required for Change
You may want to see also
The Archivist administers the ratification process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is 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 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 for 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. The OFR examines 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.
The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including, on occasion, the President.
The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The procedures and customs followed by the Archivist and the Director of the Federal Register were established by the Secretary of State and the Administrator of General Services, who performed these duties until 1950 and 1985, respectively, before NARA assumed responsibility as an independent agency.
The Amendment That Gave DC a Voice in Elections
You may want to see also
Frequently asked questions
The first way an amendment can be ratified is by the state legislature, which is the part of the state government that enacts laws for the state.
The second way an amendment can be ratified is by a convention called for by Congress, which is made up of three-fourths of the state ratifying conventions.
There is no third way to ratify an amendment.
