Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution and has only been amended 27 times since 1787. The authority to amend the Constitution is derived from this article, which sets forth the procedures for proposing and ratifying amendments. Amendments 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. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process is designed to be difficult and time-consuming, ensuring that only significant changes affecting all Americans or securing citizens' rights are made.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | By a constitutional convention called for by two-thirds of the State legislatures |
| Amendment submission | Governors submit the amendment to their State legislatures or call for a convention, as specified by Congress |
| Ratification | Requires three-fourths of the States (38 out of 50) |
| Amendment certification | Formal proclamation by the Archivist, published in the Federal Register and U.S. Statutes at Large |
| Amendment frequency | 27 amendments since 1787 |
| Amendment significance | Major impact on all Americans or securing rights of citizens |
| Amendment process | Difficult and time-consuming |
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What You'll Learn
- The US Constitution's Article V outlines the amendment process
- Amendments can be proposed by Congress or a constitutional convention
- Amendments need a two-thirds majority vote in the House of Representatives
- Three-fourths of the States must ratify an amendment for adoption
- The Archivist of the US administers the ratification process
The US Constitution's Article V outlines the amendment process
The US Constitution's Article V outlines the process of amending the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The amendment process is challenging and time-consuming. A proposed amendment must be approved by a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention requested by two-thirds of the state legislatures. Congress then proposes the amendment in the form of a joint resolution, which does not require the President's signature or approval.
The original document is sent 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, publishes the resolution in slip law format, and creates an information package for the states, including formal "red-line" copies and the statutory procedure for ratification. 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. When a state ratifies, it sends an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process. The OFR examines the ratification documents for legal sufficiency and authenticity of signatures. Once the required number of authenticated ratification documents is verified, a formal proclamation is drafted for the Archivist 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. The signing of this certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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Amendments can be proposed by Congress or a constitutional convention
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can be proposed by 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 President does not have a constitutional role in the amendment process.
The process of amending the Constitution is challenging and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, followed by ratification by three-quarters of the states (38 out of 50). The amendment process ensures that any changes made to the Constitution are carefully considered and have a broad consensus of support across the country.
The first method for proposing amendments, requiring a two-thirds majority vote in both houses of Congress, has been the only method used thus far. This process ensures that any amendment has significant support in both chambers of Congress before moving forward. The second method, a constitutional convention, has never been used to propose an amendment, despite having its supporters. Some, like retired federal judge Malcolm R. Wilkey, argue that a new constitutional convention is necessary to address issues like gridlock and the excessive influence of interest groups.
Once an amendment is proposed, either by Congress or a constitutional convention, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA plays a crucial role in the amendment process. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, facilitating their understanding of the proposed amendment.
The role of the Archivist of the United States is also significant in the amendment process. The Archivist is responsible for administering the ratification process, although the specific procedures are not outlined in detail in Article V or the relevant statutes. The Archivist works closely with the Director of the Federal Register, who receives certified copies of state actions on proposed amendments. The OFR examines these documents for legal sufficiency and authenticity, maintaining custody of them until an amendment is adopted or fails.
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Amendments need a two-thirds majority vote in the House of Representatives
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a difficult and time-consuming process, as amendments are intended to be rare and significant.
Amendments can be proposed by Congress with a two-thirds majority vote in the House of Representatives. This means that two-thirds of the members present in the House of Representatives must vote in favour of the amendment for it to pass. It is important to note that this is not a vote of two-thirds of the entire membership of the House, but rather of those present for the vote, assuming a quorum is met. This method of proposing amendments by a vote in Congress has been the only method used so far.
The House of Representatives is one of the two chambers of Congress, the other being the Senate. Thus, an amendment must also gain a two-thirds majority vote in the Senate to pass. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Director of the Federal Register, who is part of NARA, examines the amendment for facial legal sufficiency and an authenticating signature.
After an amendment is proposed, it must then be ratified. Ratification can occur in one of two ways: by a three-fourths majority of state legislatures or by conventions in three-fourths of states. Once an amendment is ratified, it becomes part of the Constitution.
It is worth noting that, while the process of proposing an amendment by constitutional convention is outlined in Article V, it has never been used. All 27 amendments to the Constitution have been proposed by Congress. Additionally, the President does not have a constitutional role in the amendment process.
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Three-fourths of the States must ratify an amendment for adoption
The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution may be amended in two ways: firstly, by a two-thirds majority vote in both the House of Representatives and the Senate, and secondly, by a constitutional convention called for by two-thirds of the state legislatures.
The latter method has never been used. Instead, the former method is the only method that has been used to propose amendments thus far. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process.
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). 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 Office of the Federal Register (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 retains these documents until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation. Once the OFR verifies that it has received 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 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 process of amending the Constitution is deliberately difficult and time-consuming, requiring a proposed amendment to be passed by two-thirds of both houses of Congress before being ratified by three-fourths of the states. This ensures that any changes made to the Constitution are carefully considered and have broad support across the country.
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The Archivist of the US administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of amending the US Constitution. The Archivist is appointed by the president with the advice and consent of the Senate. They head the National Archives and Records Administration (NARA) and are responsible for safeguarding valuable federal government records, including the original Declaration of Independence, Constitution, and Bill of Rights.
After Congress proposes an amendment, the Archivist administers the ratification process. The original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the joint resolution in slip law format, and assembles an information package for the States. The Archivist then submits the proposed amendment to the States' Governors for their consideration.
Once the Governors receive the proposed amendment, they formally submit it to their State legislatures or call for a convention. When a State ratifies the proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR 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 until the amendment is adopted or fails.
When the OFR verifies that it has received the required number of authenticated ratification documents (ratification by three-fourths of the States or 38 out of 50 States), 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 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 Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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Frequently asked questions
The principle of amending the Constitution is outlined in Article V, which sets forth the procedures for doing so. Amendments to the Constitution 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 state legislatures.
The process involves Congress, the Archivist of the United States, the Director of the Federal Register, and the States.
Congress proposes amendments with a two-thirds majority vote in both the House and the Senate. Congress may also call for a constitutional convention upon the request of two-thirds of state legislatures.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs.
The number of proposed amendments varies, but the amendment process is generally very difficult and time-consuming. Since the Constitution was drafted in 1787, there have been only 27 amendments, indicating that proposed amendments are often unsuccessful.
