Simone Lawson
The United States Constitution was written to endure for ages to come, and amending it is a difficult and time-consuming process. The authority to amend the Constitution comes from Article V of the Constitution, which outlines two methods for proposing amendments. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for two-thirds of the state legislatures to call for a constitutional convention to propose amendments. 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 ensures that any changes made are carefully considered and have a significant impact on the country and its citizens.
| Characteristics | Values |
|---|---|
| Authority to amend | 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 state legislatures or three-fourths of ratifying conventions in the states |
| Amendment certification | Formal certification by the Archivist of the United States |
| Amendment publication | Federal Register and U.S. Statutes at Large |
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What You'll Learn
- The US Constitution's Article V outlines the amendment process
- Amendments are proposed by Congress with a two-thirds majority
- Amendments are ratified by three-fourths of the States
- The Archivist certifies the amendment is valid and part of the Constitution
- The President has no constitutional role in the amendment process
The US Constitution's Article V outlines the amendment process
The US Constitution's Article V outlines the process for amending the document. It establishes two methods for proposing and ratifying amendments. Firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon the request of two-thirds of state legislatures. However, this second method has never been used. Once an amendment is proposed, it does not require presidential approval before being sent to the states for ratification.
The ratification process, administered by the Archivist of the United States, offers two methods for states to ratify amendments. The first method requires ratification by three-fourths of the state legislatures, while the second method involves conventions in three-fourths of the states. Congress decides which ratification method the states must follow. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
Since the founding of the nation, Congress has proposed 33 amendments through Article V's procedures, 27 of which have been ratified by the states. These ratified amendments include the first ten amendments, known as the Bill of Rights, which safeguard individual rights from government interference.
While Article V lays out the amendment process, scholars debate whether it is the exclusive means of amending the Constitution. Some argue that there may be other routes to amendment, including the possibility of the people themselves amending the Constitution outside of ordinary government procedures. Additionally, there is discussion about whether Article V's procedures apply to amending itself. Despite these debates, Article V remains the established framework for proposing and ratifying constitutional amendments in the United States.
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Amendments are proposed by Congress with a two-thirds majority
The most common way to amend the US Constitution is through a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process is outlined in Article V of the Constitution, which provides the authority to amend this document.
To propose an amendment, Congress must pass a joint resolution with a two-thirds majority in both chambers. This resolution does not require the President's signature or approval, as the President does not have a constitutional role in the amendment process. Instead, the original document 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 amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, it assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format. This information package ensures that states have the necessary documentation to consider and act on the proposed amendment.
Once the proposed amendment reaches the states, it must be ratified by three-fourths of them (38 out of 50 states) to become part of the Constitution. Each state's vote carries equal weight, regardless of its population or length of time in the Union. When a state ratifies the amendment, it sends an original or certified copy of its action to the Archivist of the United States, who heads the NARA.
The Archivist, along with the Director of the Federal Register, is responsible for administering the ratification process. They follow established procedures and customs, including delegating certain duties and ensuring the process's integrity. Once the required number of authenticated ratification documents is received, the Archivist certifies 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.
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Amendments are ratified by three-fourths of the States
The United States Constitution was written to "endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made it difficult to amend the Constitution, and it has only been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted four years later as the Bill of Rights.
Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, this has never happened.
Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. This can be done through the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This latter process has only been used once in American history, with the 1933 ratification of the 21st Amendment.
When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state's action. The Archivist is responsible for administering the ratification process and has delegated many of the ministerial duties to the Director of the Federal Register. Once the required number of state ratifications is received, the Archivist drafts a formal proclamation certifying 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.
In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
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The Archivist certifies the amendment is valid and part of the Constitution
The Archivist of the United States plays a crucial role in the process of amending the Constitution. Once a proposed amendment has been ratified by three-fourths of the States (38 out of 50), the Office of the Federal Register (OFR) verifies that it has received the required number of authenticated ratification documents. At this stage, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become an official part of the Constitution. This certification is a formal and solemn declaration that the amendment process has been successfully completed.
The Archivist's signature on the certification is more than just a procedural step; it carries significant weight and finality. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive. This means that while the Archivist does not make substantive determinations about the validity of state ratification actions, their certification confirms that the procedural requirements for ratification have been met.
The process of certification involves the Archivist issuing a formal proclamation or certificate, which is then published in the Federal Register and the U.S. Statutes at Large. This publication serves as official notice to Congress and the nation that the amendment has been duly ratified and is now part of the Constitution. The certification ceremony has also taken on a ceremonial aspect, with dignitaries, including the President on some occasions, witnessing the signing of the certification.
It is worth noting that the Archivist's role in the amendment process is derived from Article V of the Constitution and is administered under the provisions of 1 U.S.C. 106b. While the Archivist has delegated some ministerial duties to the Director of the Federal Register, they retain the responsibility for ensuring the ratification process is properly administered. The procedures followed by the Archivist are established by the Secretary of State and the Administrator of General Services, who previously performed these duties before the National Archives and Records Administration (NARA) became an independent agency in 1985.
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The President has no constitutional role in the amendment process
In the first method, Congress proposes an amendment in the form of a joint resolution, which does not go to the White House for signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States.
In the second method, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments. This has never happened, but the idea has its supporters.
Once an amendment is proposed, it must be ratified by three-quarters of the States (38 out of 50) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process, and the OFR verifies that the required number of authenticated ratification documents have been received. The Archivist then certifies that the amendment is valid and has become part of the Constitution.
While the President has no official function in the amendment process, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
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Frequently asked questions
The most common way to amend the US Constitution is by proposing an amendment that is passed with a two-thirds majority vote in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures.
Congress proposes amendments to the Constitution and can also call a Constitutional Convention at the request of two-thirds of the state legislatures. Congress also determines the mode of ratification, which can be through the state legislatures or ratifying conventions.
The President does not have a constitutional role in the amendment process, and proposed amendments do not require their signature or approval. However, in recent history, the President has been included in the ceremonial function of signing the certification of amendments.
When a state ratifies a proposed amendment, it sends an original or certified copy of its action to the Archivist of the United States. Once the Archivist receives the required number of state ratifications, they issue a certificate proclaiming the amendment duly ratified and part of the Constitution.
The process of amending the Constitution is deliberately made difficult and time-consuming to ensure its longevity. The Constitution has been amended only 27 times since it was drafted in 1787, and only through the process outlined above.
