Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution. This article sets forth the procedures for proposing and ratifying amendments, with the authority to amend derived from this section. 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 state legislatures. The President does not play a role in the amendment process, and the amendment becomes part of the Constitution when ratified by three-quarters of the states. The Archivist of the United States administers the ratification process, and the final certification is published in the Federal Register.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Three-fourths of the State legislatures or by conventions in three-fourths of the States |
| Amendment certification | Formal proclamation by the Archivist of the United States, published in the Federal Register and U.S. Statutes at Large |
| Unamendable subjects | First and fourth clauses in the Ninth Section of the first Article; no State shall be deprived of its equal Suffrage in the Senate without its Consent |
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What You'll Learn
- Article V outlines the procedure for amending the Constitution
- Amendments may be proposed by Congress with a two-thirds majority vote
- Amendments can also be proposed by a convention called by two-thirds of state legislatures
- A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states
- The Archivist of the United States administers the ratification process
Article V outlines the procedure for amending the Constitution
To propose an amendment, two-thirds of both houses of Congress must deem it necessary, or two-thirds of state legislatures must apply for a constitutional convention. The latter method has never been used for proposing an amendment.
For an amendment to become part of the Constitution, it must be ratified by either three-quarters of state legislatures or three-quarters of ratifying conventions in the states. The first method is the most commonly used, and the second method has only been used once in American history, for the 1933 ratification of the Twenty-First Amendment.
The Archivist of the United States administers the ratification process, and the Director of the Federal Register examines ratification documents for legal sufficiency and an authenticating signature. Once the Director verifies that the required number of authenticated documents has been received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Article V also includes two sentences that make certain subjects unamendable. The first prohibited amendments prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. The second sentence, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate.
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Amendments may be proposed by Congress with a two-thirds majority vote
The process of amending the Constitution of the United States is derived from Article V of the Constitution. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This phase highlights the necessity of bipartisan backing, with a two-thirds vote ensuring that only amendments with broad support move forward.
The process of proposing an amendment begins with Congress, which may propose an amendment in the form of a joint resolution. This resolution does not require the signature or approval of the President, as the President does not have a constitutional role in the amendment process. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
The Archivist of the United States, who heads 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. Once the required number of authenticated ratification documents is received, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). This can be achieved through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. This process ensures that any changes to the Constitution have broad support across the country and empowers states to have a direct say in the foundational legal document that governs them.
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Amendments can also be proposed by a convention called by two-thirds of state legislatures
The United States Constitution is a flexible document that can be amended to meet the changing needs of the country. The authority to amend the Constitution comes from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This phase highlights the need for bipartisan support.
However, amendments can also be proposed by a convention called by two-thirds of state legislatures. This method has never been used for any of the 27 amendments to the Constitution. In this process, two-thirds of the state legislatures can call for a convention to propose amendments. The proposed amendments must then be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This decision is made by Congress.
The process of amending the Constitution through a convention called by state legislatures is as follows: First, two-thirds of state legislatures must call for a convention. Next, the convention proposes amendments. These amendments are then sent to the states for ratification. If three-quarters of the states ratify the amendment, it becomes part of the Constitution.
The process of amending the Constitution ensures that any changes have broad support and are carefully considered. The high threshold of a two-thirds vote ensures bipartisan support for proposed amendments. The ratification process, requiring the approval of three-quarters of the states, further emphasizes the need for widespread agreement. This rigorous process helps maintain the stability of the Constitution while allowing for necessary changes.
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A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article sets forth the procedures for proposing and ratifying amendments, with the authority to amend the Constitution derived from this article.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon by two-thirds of the State legislatures. This convention would then propose amendments. In either case, the President does not have a constitutional role, and the amendment does not require their signature or approval.
Once an amendment is proposed, it is sent to the states for ratification. Here, there are two methods for ratification, as determined by Congress. The first method, and the most commonly used, requires legislative approval from three-fourths of the states (38 out of 50 states). This ensures that any changes to the Constitution have widespread support across the country and empowers individual states to have a direct say in the process.
The second method, used only once in American history for the 1933 ratification of the Twenty-First Amendment, involves ratifying conventions conducted in three-fourths of the states. The vote of each state, regardless of population or length of time in the Union, carries equal weight.
When the required number of states has ratified the proposed amendment, it becomes part of the Constitution. The Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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The Archivist of the United States administers the ratification process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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 Archivist's role in the ratification process begins after Congress proposes an amendment in the form of a joint resolution. 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 then 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 Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. 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 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 until an amendment is adopted or fails. 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). 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.
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Frequently asked questions
Article V of the United States Constitution outlines the procedures for amending the Constitution.
Article V states that amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of state legislatures. Amendments become part of the Constitution when they are ratified by three-fourths of state legislatures or conventions in three-fourths of states.
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval.
State legislature ratification ensures that any changes to the Constitution have widespread support across the country. It empowers states to have a direct say in the foundational legal document that governs them and balances change with stability. It also ensures that amendments are considered thoughtfully and deliberately by a substantial majority.
Yes, the last two sentences of Article V make certain subjects unamendable. The first sentence prohibited amendments prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. This sentence's limitations have expired. The second sentence, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate.
