Malcolm Rivera
The Constitution of the United States provides two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, is through a convention called for by two-thirds of the state legislatures. This method bypasses Congress and allows states to propose amendments directly. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority | Article V of the Constitution |
| Proposal | Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative Proposal | Two-thirds of state legislatures can apply for Congress to call a convention to propose an amendment |
| Ratification | Ratification by three-fourths of the state legislatures or by conventions in three-fourths of the states |
| Congress's Role | Congress determines the method of ratification |
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What You'll Learn
Two-thirds of both Houses of Congress must propose an amendment
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The second way an amendment can be proposed is by a two-thirds majority vote in both the House of Representatives and the Senate. This method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This procedure has been followed to propose thirty-three constitutional amendments, which were sent to the states for potential ratification.
Since the founding of the United States, at least 11,000 proposals to amend the Constitution have been introduced in Congress, but they did not receive the two-thirds majority in each house required for submission to the states for ratification. The two-thirds majority vote in each house is a vote of two-thirds of the members present, assuming the presence of a quorum, and not a vote of two-thirds of the entire membership, present and absent.
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 has delegated many of the duties associated with this function to the Director of the Federal Register. The original document is forwarded directly to NARA's 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.
The OFR also assembles 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 procedure for ratification. 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.
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Two-thirds of state legislatures can request an amendment
The second method of proposing an amendment to the US Constitution is for two-thirds of state legislatures to request an amendment. This method has never been used. It is outlined in Article V of the Constitution, which states that "on the Application of two-thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments".
This convention can propose amendments whether Congress approves of them or not. The proposed amendments would then be sent to the states for ratification. Three-quarters of the states would then have to ratify the amendment for it to become part of the Constitution.
Congress can choose between two ways for the states to ratify an amendment. The first is for the state legislature to ratify the amendment. The second is for the states to call conventions for the single purpose of deciding whether to ratify an amendment. So far, only one amendment has been ratified by a convention of states.
This method of proposing amendments was included in the Constitution because the drafters of the Constitution recognized that the first method of proposing an amendment (two-thirds of both Houses of Congress proposing an amendment) was controlled by the federal government. Therefore, they wanted to include a method that largely bypasses the federal government.
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Congress decides the ratification method
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. The proposal must be passed by two-thirds of both houses of Congress.
Once the proposal is passed, Congress decides the ratification method. Congress may require that three-fourths of state ratifying conventions approve a proposed amendment. This method has only been specified once, for the Twenty-First Amendment, which repealed Prohibition.
Alternatively, Congress may require ratification by the legislatures of three-fourths of the states. This is the more common method, with 33 constitutional amendments having been sent to the states for potential ratification.
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 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-fourths of the states (38 of 50 states).
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Three-quarters of state legislatures must ratify
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The second method of proposing an amendment, as per Article V, involves two steps. Firstly, two-thirds of the state legislatures (33 of 50 states) must apply to Congress for a convention to propose amendments. This method bypasses the federal government and has never been used. Secondly, once the amendments are proposed, three-quarters of the state legislatures (38 of 50 states) must ratify the proposed amendment. This is the more commonly used method of ratification, with the exception of the Twenty-First Amendment, which repealed Prohibition.
The process of amending the Constitution is deliberately difficult and time-consuming. The first step of this second method of proposing an amendment has never been invoked, despite calls for a convention from some legal experts and retired federal judges. This is partly due to the fact that Congress has no obligation to call a convention even if two-thirds of the states request one. There is also debate surrounding the convention method, including whether the convention can be limited in any way and the extent of Congress's control over the convention.
The second step of this method, ratification by three-quarters of state legislatures, has been used for all amendments except one. Once 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 has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The second method of proposing an amendment outlined in Article V provides an alternative route to amending the Constitution that largely bypasses the federal government. While the first step of this method has never been invoked, the second step, ratification by three-quarters of state legislatures, has been the more common method of ratification.
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Conventions can be called to ratify an amendment
The second method of proposing an amendment to the Constitution of the United States is by calling a convention. This method has been outlined in Article V of the Constitution, which states that whenever two-thirds of both Houses of Congress deem it necessary, they shall propose Amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the several states, Congress shall call a convention for proposing Amendments.
This convention method has never been used to propose an amendment, but it remains a valid option. The convention would decide whether to propose an amendment, bypassing the federal government. This method was included by the drafters of the Constitution to counterbalance the congressional proposal method, which is controlled by the federal government.
Once an amendment has been proposed, either by Congress or a convention, it must be ratified. Congress determines the method of ratification, which can be through the state legislatures or state ratifying conventions. In the case of the Twenty-First Amendment, Congress specified that three-fourths of state ratifying conventions must approve the amendment, rather than using the state legislatures.
The process of proposing an amendment through a convention begins with two-thirds of the state legislatures applying to Congress to call a convention. The convention is then held to propose the amendment, which is then sent to the states for ratification.
In summary, while the convention method of proposing amendments has not been utilised, it stands as a viable option that can initiate the process of amending the Constitution.
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Frequently asked questions
The second method to propose an amendment to the Constitution is by calling a convention for proposing amendments upon the request of two-thirds of the states. This method has never been used.
The convention can propose amendments, whether Congress approves of them or not. These proposed amendments are then sent to the states for ratification.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used for all amendments so far.
The proposed amendment is then sent to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states.
