Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution, which grants Congress the authority to propose and amend it. A two-thirds majority vote in both the House of Representatives and the Senate is required for Congress to propose an amendment. The President does not have a constitutional role in the process, and Congress can also call for a convention to propose amendments if two-thirds of state legislatures request it. Amendments become part of the Constitution once three-quarters of the states (38 out of 50) ratify them. The Archivist of the United States and the Director of the Federal Register are responsible for administering the ratification process, including receiving and verifying ratification documents from states. While the President has played an informal role in some amendment processes, the Supreme Court has affirmed that their approval is not required for an amendment to be valid.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of state legislatures |
| Amendment proposal format | Joint resolution |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment ratification deadline | Seven years |
| Amendment certification | Archivist of the United States |
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What You'll Learn
Two-thirds majority vote in both the House of Representatives and the Senate
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Congress, whenever two-thirds of both Houses (the House of Representatives and the Senate) deem it necessary, shall propose Amendments to the Constitution. This is the only method for proposing amendments that has been used thus far.
The process of proposing an amendment in Congress begins with a joint resolution. A joint resolution is a type of legislative measure used to address matters affecting both chambers of Congress. It requires majority approval in both the House and the Senate, and unlike a bill, it does not need to be signed by the President. This is because the President does not have a constitutional role in the amendment process, and therefore, the joint resolution does not go to the White House for signature or approval.
The process of achieving a two-thirds majority vote in both the House of Representatives and the Senate can be challenging. It requires significant support for the proposed amendment among members of Congress. This high threshold helps ensure that any changes made to the Constitution reflect a broad consensus and are not strongly opposed by a substantial minority of the country.
Once the two-thirds majority vote is achieved in both chambers, the proposed amendment is forwarded to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) within NARA. The OFR is responsible for processing and publishing the joint resolution. They add legislative history notes to the resolution and publish it in slip law format. Additionally, they assemble an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
The proposed amendment then enters the ratification process, where it is submitted to the States for their consideration. This process is facilitated by the Archivist of the United States, who sends a letter of notification along with the informational material prepared by the OFR to each State's Governor. The Governors then formally submit the amendment to their State legislatures for consideration and potential ratification.
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Two-thirds of state legislatures can call a convention
The authority to amend the US Constitution is derived from Article V of the Constitution. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing Amendments. This convention method has never been used.
Article V provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. However, two-thirds of state legislatures can also call for a constitutional convention. This convention method has not been used for any of the 27 amendments to the Constitution so far.
The process for proposing amendments by Congress is in the form of a joint resolution. This joint resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process. The original document 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. They also assemble 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 other relevant materials.
Once the proposed amendment is submitted to the States, Governors formally submit it to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist of the United States to certify the amendment as valid.
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The Archivist of the United States' role
The Archivist of the United States plays a crucial role in the amendment process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. This responsibility is derived from Article V of the Constitution and is further outlined in the National Archives and Records Administration Act of 1984.
One of the key duties of the Archivist is to submit the proposed amendment to the states for their consideration. This is done by sending a letter of notification to each state governor, along with informational material prepared by the Office of the Federal Register (OFR). The Archivist ensures that each governor receives the necessary information to present the amendment to their state legislature or call for a convention, depending on Congress's specifications.
Another important aspect of the Archivist's role is receiving and authenticating ratification documents from the states. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist then conveys this documentation to the Director of the Federal Register for examination and custody. This process ensures the integrity and legality of the ratification process.
Once the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the states), it drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this proclamation represents the final step in the amendment process, officially enacting the change to the Constitution.
It is important to note that the Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive. This aspect of the Archivist's role underscores the importance of adhering to established procedures and customs during the amendment process.
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The role of the President
The US Constitution does not outline a specific role for the President in the amendment process. The Supreme Court has also articulated the Judicial Branch's understanding that the President has no formal constitutional role in amending the Constitution.
However, there have been instances of Presidents playing an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, despite his signature not being necessary for its proposal or ratification. Similarly, President Jimmy Carter signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, even though he was advised that his signature was unnecessary. In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. 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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Ratification by three-quarters of the states
The authority to amend the US Constitution is derived from Article V of the Constitution. 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 the informational material prepared by the OFR.
The process of ratification by three-quarters of the states involves the following steps:
Submission to State Legislatures
When a proposed amendment is submitted to the states, it is sent to each state governor, who then formally submits it to their state legislature. This is the most common method of ratification.
State Ratification
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50 states). Each state legislature votes on the proposed amendment, and if a simple majority of the states ratify it, the amendment moves forward in the process.
Certification of Ratification
Once an amendment is ratified by the required number of states, each state sends an original or certified copy of the state's action to the Archivist of the United States. The OFR examines these documents for authenticity and legal sufficiency. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them.
Official Proclamation
The OFR 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 serves as official notice to Congress and the nation that the amendment process is complete.
It is important to note that the role of Congress in this process is to propose amendments, which then require ratification by the states. The specific method of ratification (state legislatures or conventions) may be proposed by Congress, but the actual ratification process is carried out by the states, with the Archivist of the United States overseeing the process.
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Frequently asked questions
Congress can propose an amendment whenever two-thirds of both Houses deem it necessary. Alternatively, Congress can call a convention for proposing amendments upon the request of two-thirds of state legislatures.
The Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
The President does not have a constitutional role in the amendment process. The Supreme Court has articulated that the President cannot veto a proposed amendment. However, there have been instances of Presidents playing an informal, ministerial role.
