Isabella Carter
The process of abolishing a US Constitutional Amendment is a challenging and time-consuming endeavour. To initiate the process, a proposed amendment must secure a two-thirds majority vote in both the House of Representatives and the Senate, or be advocated for by two-thirds of state legislatures through a Constitutional Convention. Following this, ratification by three-quarters of the states is required for the amendment to be abolished and replaced with the new version. The authority to make such amendments is derived from Article V of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | By two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures |
| Amendment ratification | Three-quarters of the states (38 of 50) |
| Amendment process | Very difficult and time-consuming |
| Amendment history | 27 amendments since 1787, including the first 10 amendments (Bill of Rights) adopted in 1791 |
| New Constitutional Convention | Never happened, but has backers |
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What You'll Learn
Two-thirds majority in Congress
The process to abolish a US constitutional amendment is a difficult and time-consuming procedure. The Constitution has been amended only 27 times since 1787, and the odds of repealing an amendment are extremely slim.
The first step in the process is for two-thirds of the House and Senate to propose an amendment. This can also be initiated by a constitutional convention called for by two-thirds of the state legislatures, although this has never happened. The amendment is then proposed in the form of a joint resolution, which does not require the signature or approval of the President.
The joint resolution is then sent to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR). 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, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
After the OFR has received the required number of authenticated ratification documents (three-quarters of the states, or 38 out of 50), 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 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.
In summary, achieving a two-thirds majority in Congress is a crucial first step in the process of abolishing a US constitutional amendment. This step ensures that the proposed amendment moves forward to the next stage of the amendment process, which involves ratification by the states.
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Three-quarters of states must ratify
The process of amending the US Constitution is outlined in Article V of the Constitution. The process requires that an amendment be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. This proposal is then sent to the states for ratification.
The ratification process requires that three-quarters of the states (38 out of 50 states) approve the proposed amendment. This can be done through state legislatures or, in some cases, state conventions. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works closely with the Director of the Federal Register to follow established procedures and customs.
Once the required number of authenticated ratification documents is received by the Office of Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify. This certification confirms that the amendment has been validly ratified and has become part of the Constitution. It is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
The high threshold of requiring three-quarters of state ratification ensures that any changes to the Constitution reflect a broad consensus among the states. It is worth noting that, historically, the process of amending the Constitution has been challenging and time-consuming. Only 27 amendments have been made since the Constitution was drafted in 1787, indicating the weight and significance of each amendment.
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Proposed by two-thirds of state legislatures
The process to abolish a US Constitutional Amendment is a difficult and time-consuming procedure. The Constitution has been amended only 27 times since 1787, and only one amendment, the 18th Amendment, has ever been repealed.
The US Constitution's Article V outlines the process for proposing and ratifying amendments. One of the ways to propose an amendment is through a constitutional convention called for by two-thirds of the state legislatures. This process has never been used for any of the 27 amendments to the Constitution. To call for a constitutional convention, two-thirds of the state legislatures must agree to do so, and then the states themselves would draft the proposed amendments.
After an amendment is proposed, it must be ratified. Ratification requires approval by three-quarters of the states (38 out of 50). The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. Once the required number of authenticated ratification documents is received by NARA's Office of the Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The process of proposing and ratifying amendments to the US Constitution, including through a constitutional convention called for by two-thirds of state legislatures, ensures that any changes made to the nation's foundational document are carefully considered and broadly supported by the states.
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Constitutional Convention
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment may 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 state legislatures.
A constitutional convention is a gathering of delegates from each state, tasked with proposing amendments to the US Constitution. It is one of two ways to repeal an amendment, the other being a two-thirds majority vote in the House and the Senate. Despite this, a constitutional convention has never been called in the history of the US, and all 27 amendments to the Constitution have been proposed by Congress.
The idea of a constitutional convention has its supporters. A retired federal judge, Malcolm R. Wilkey, called for a new convention a few years ago, arguing that the Constitution had been corrupted by a system that led to gridlock and excessive influence by interest groups. However, critics argue that recent efforts to amend the Constitution go too far, and that dissatisfaction with the government does not warrant changes to the Constitution.
Once an amendment has been proposed, either by Congress or a constitutional convention, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's certification of the legal sufficiency of ratification documents is final and conclusive. In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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The Archivist's role
The Archivist plays a crucial role in the process of amending the US Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b.
Once Congress proposes an amendment, the Archivist takes charge of the process. While the Archivist does not make any substantive determinations regarding the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive. This means that the Archivist ensures the amendment process follows established procedures and customs, and they have the authority to certify that an amendment is valid and has become part of the Constitution.
The specific steps taken by the Archivist include delegating ministerial duties to the Director of the Federal Register, who assists in the process. When the OFR (NARA's Office of the Federal Register) verifies that it has received the required number of authenticated ratification documents, the Archivist drafts a formal proclamation certifying the amendment's validity. 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 addition to certifying the validity of amendments, the Archivist also handles instances where states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. This aspect of the Archivist's role ensures that any changes or reversals to the amendment process are properly documented and recognised.
The signing of the certification has become a ceremonial function, with the Archivist performing the duties of the certifying official for the first time in 1992 for the ratification of the 27th Amendment. This ceremony underscores the importance of the Archivist's role in amending the Constitution and provides a formal recognition of the completion of the amendment process.
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Frequently asked questions
The Constitution's Article V outlines that an amendment must be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Three-quarters of the states must then vote to ratify the amendment.
The Constitution has been amended 27 times since 1787, with the most recent amendment being added in 1992.
Yes, the 21st Amendment in the early 1930s repealed the 18th Amendment, which had prohibited the manufacture, sale, and transportation of intoxicating liquors.
