Isabella Carter
The process of amending the U.S. Constitution is a complex and lengthy one. Since its drafting in 1787, there have only been 27 amendments, illustrating the difficulty of the process. To amend the Constitution, a proposal must be passed by a two-thirds majority in both the House and the Senate (Congress). Following this, the amendment must be ratified by three-fourths of the States (38 out of 50). This can be achieved through the State legislatures or conventions. The President does not have a constitutional role in this process.
| Characteristics | Values |
|---|---|
| Number of times the US Constitution has been amended | 27 |
| Number of proposed amendments | 11,000 |
| Number of proposed amendments that did not receive approval | 6 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of times a constitutional convention has been called | 0 |
| Minimum percentage of the States required to ratify an amendment | 75% (38 out of 50) |
| Minimum percentage of votes required in both Houses of Congress to propose an amendment | 66.67% |
| Minimum percentage of state legislatures required to call a constitutional convention | 66.67% |
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What You'll Learn
Two-thirds majority in Congress
The U.S. Constitution is notoriously difficult to amend and has only been amended 27 times since it was drafted in 1787. Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, also known as both Houses of Congress. This means that two-thirds of the Members of Congress present in each House must vote to propose an amendment. This is the first of two methods for proposing amendments to the Constitution.
Since the Founding, Congress has followed this procedure to propose 33 constitutional amendments, which were sent to the states for potential ratification. Of these 33 proposals, 27 were ratified by three-fourths of the states and became Amendments to the Constitution.
The second method for proposing amendments to the Constitution is for two-thirds of state legislatures to ask Congress to call a Constitutional Convention. A new Constitutional Convention has never happened.
The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Three-fourths of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a difficult and time-consuming process, as evidenced by the fact that the Constitution has only been amended 27 times since it was drafted in 1787.
One of the methods to propose an amendment is for two-thirds of state legislatures to request that Congress call a Constitutional Convention. However, it is important to note that none of the 27 amendments to the Constitution have been proposed by a Constitutional Convention.
Once an amendment is proposed, either by Congress or a Constitutional Convention, it must be ratified by three-fourths of the state legislatures, or 38 out of 50 states. This process falls under the authority of the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The process of ratification involves the OFR (Office of the Federal Register) verifying that it has received the required number of authenticated ratification documents from the states. Once verified, 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 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 summary, while the process of amending the Constitution can be initiated by two-thirds of state legislatures calling for a Constitutional Convention, the actual amendment must be ratified by three-fourths of the state legislatures to become part of the Constitution. This multi-step process ensures that any changes made to the Constitution reflect the will of a significant majority of the states.
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State constitutional conventions
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution.
The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used 33 times, and 27 of these amendments have been ratified by three-fourths of the States.
The second method is for two-thirds of the state legislatures (34 out of 50) to call for a constitutional convention to propose amendments. This method has never been used. However, it is important to note that at the state level, more than 230 constitutional conventions have assembled in the United States.
The process of amending the Constitution through a state constitutional convention is as follows:
First, two-thirds of the state legislatures must apply to Congress to call for a constitutional convention. This step has never been achieved, but there have been calls for a convention in recent years.
Second, once Congress receives applications from two-thirds of the state legislatures, it must call for a constitutional convention. This step has never been reached, and there are debates among scholars about Congress's control over other aspects of the convention, such as the rules of procedure and the selection of delegates.
Third, the constitutional convention assembles and proposes amendments. There are debates about how this convention would be formed and conduct its proceedings, as James Madison, the "Father of the Constitution," expressed concern about the lack of detail in the article regarding the convention amendment process.
Fourth, the proposed amendments must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This step is the same for amendments proposed by Congress or a constitutional convention.
In conclusion, while the state constitutional convention method for proposing amendments has never been used, it is a valid option under Article V of the Constitution. This process allows states to have a direct role in proposing amendments and provides a check on the power of the federal government.
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The President's role
The President plays a significant role in the process of amending the United States Constitution, which is the supreme law of the land. While the power to propose and ratify amendments rests primarily with Congress and the states, respectively, the President has important functions that shape the amendment process.
One of the President's key roles is in proposing amendments. While the President does not have the power to directly amend the Constitution, they can initiate the amendment process by sending proposed amendments to Congress for consideration. This is often done through the State of the Union address or other formal communications with Congress. The President can use their bully pulpit and policy agenda to influence the national dialogue and generate support for their proposed amendments.
Additionally, the President has a role in ratifying amendments, which occurs after Congress has proposed an amendment. Once an amendment passes both houses of Congress, it is submitted to the states for ratification. The President, as the head of the executive branch, can use their influence to advocate for or against a particular amendment during this stage. They can utilise their public platform and leadership position to shape public opinion and encourage or discourage state legislatures from ratifying the amendment.
Another aspect of the President's role is in interpreting the Constitution, including amendments. Once an amendment becomes part of the Constitution, the President, along with their administration, plays a crucial part in interpreting and enforcing it. This involves issuing executive orders, making policies, and taking actions that align with the amended Constitution. The President's interpretation of a constitutional amendment can significantly impact how it is understood and implemented across the federal government.
In certain theoretical scenarios, the President may also have the power to veto a proposed amendment. While this power is not explicitly mentioned in the Constitution, some scholars argue that the President could potentially veto a constitutional amendment resolution passed by Congress. However, this would be a carefully calculated decision, as Congress could override the veto with a sufficient majority.
Lastly, the President's role includes ensuring the preservation and protection of the Constitution, including any amendments. As the chief executive, the President takes an oath to uphold and defend the Constitution, which extends to respecting and adhering to the amendments ratified as part of it.
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The Archivist's role
Firstly, the Archivist must ensure that the amendment is proposed correctly. According to Article V of the Constitution, an amendment 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, the Archivist must verify that the correct procedure has been followed.
After an amendment is proposed, the Archivist works closely with the Director of the Federal Register to manage the ratification process. The amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The Archivist and the Director follow established procedures and customs, including those previously performed by the Secretary of State and the Administrator of General Services.
When the OFR (Office of the Federal Register) receives the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist. The Archivist then certifies 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. The Archivist's signature on the certification has become a ceremonial function, witnessed by various dignitaries, including the President on some occasions.
In summary, the Archivist of the United States plays a vital role in amending the Constitution. They ensure the proper proposal and ratification of amendments, verify compliance with established procedures, and certify the validity of the amendment. The Archivist's role is essential to maintaining the integrity and legality of the constitutional amendment process.
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Frequently asked questions
A two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. After this, three-quarters of state legislatures (38 out of 50 states) must ratify the amendment for it to become part of the Constitution.
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted in 1791. Since then, 17 more amendments have been added.
Notable amendments include the 19th Amendment, which gave women the right to vote, the 18th Amendment that enacted Prohibition, and the 21st Amendment that repealed it, and the 26th Amendment, which lowered the minimum voting age from 21 to 18.
Yes, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, this has never happened in US history.
State constitutions are amended much more frequently and with greater ease than the US Constitution. The current 50 state constitutions have been amended around 7,000 times. Some states, like Alabama, Louisiana, and Texas, amend their constitutions more than three to four times per year on average.
