Omar Bennett
The process of ratifying a constitutional amendment is a complex and challenging task. The United States Constitution was designed to endure, and as a result, the process of amending it has been intentionally made difficult. Article V outlines two methods for states to ratify amendments: the first requires ratification by three-fourths of state legislatures, while the second method, used only once for the Twenty-First Amendment, involves three-fourths of state ratifying conventions approving the proposed amendment. Congress decides which method states must follow, and while there have been thirty-three proposed amendments, only twenty-seven have been ratified by the states, including the Bill of Rights.
| Characteristics | Values |
|---|---|
| Number of methods to ratify an amendment | 2 |
| First method | Three-fourths of the state legislatures must ratify an amendment to the Constitution |
| Second method | Three-fourths of state ratifying conventions approve a proposed amendment |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by the states | 27 |
| Number of amendments not ratified by the states | 6 |
| Example of a ratified amendment | Twenty-seventh Amendment, ratified in 1992 |
| Difficulty level | High |
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What You'll Learn
Two-thirds of both Houses of Congress propose an amendment
The process of amending the United States Constitution is deliberately challenging. Article V of the Constitution outlines two methods for proposing amendments, one of which involves two-thirds of both Houses of Congress. This method requires both the House and the Senate to propose an amendment by a supermajority vote, that is, a vote of two-thirds in favour. This high threshold ensures that amendments are not passed lightly and require broad support across both chambers of Congress.
Once two-thirds of both Houses of Congress have agreed to propose an amendment, the next step is for Congress to choose the mode of ratification. The proposed amendment must then be ratified, or approved, by either three-fourths of the state legislatures or three-fourths of state ratifying conventions, as determined by Congress. This step ensures that any changes to the Constitution are supported by a significant majority of states and reflects federalism in the amendment process.
The first method of ratification, requiring approval by three-fourths of state legislatures, is the more common approach. This method has been used for the majority of the twenty-seven amendments that have been ratified by the states. The second method, requiring approval by three-fourths of state ratifying conventions, has only been specified by Congress once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The process of proposing and ratifying amendments to the Constitution is a rigorous and deliberate one. The supermajority requirements in both Houses of Congress and among the states ensure that any changes to the Constitution reflect a broad consensus and are not the result of fleeting political sentiments. This safeguards the integrity and stability of the Constitution, ensuring that it can "endure for ages to come," as Chief Justice John Marshall noted.
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Legislatures of two-thirds of states call a convention
The United States Constitution provides two methods for proposing amendments. The first method, which has been used for all existing amendments, involves two-thirds of each House of Congress proposing an amendment, which is then ratified by three-fourths of the states.
The second method, which has never been used, is through a convention of states. This method, outlined in Article V of the Constitution, allows two-thirds of state legislatures (34 out of 50) to apply for Congress to call a convention for proposing amendments. This process bypasses Congress and allows states to propose amendments directly. However, any proposed amendments from the convention must still be ratified by three-fourths of the states (38 out of 50) to become law.
The convention method was included in the Constitution to address concerns about the congressional proposal method being controlled by the federal government. It provides a mechanism for states to initiate constitutional reforms without relying solely on Congress. While the convention method has not been used for amending the Constitution, it is worth noting that over 230 constitutional conventions have been assembled at the state level.
The decision to call a convention for proposing amendments rests with Congress, which can choose between the two methods of ratification. The only exception to this was the Twenty-First Amendment, which repealed Prohibition and was ratified through a convention of states.
It is important to note that the convention method for proposing amendments has sparked debates and concerns. Some worry that it could lead to unintended consequences and polarize state-level politics. Additionally, the potential for a convention to be more malapportioned than Congress is also a consideration.
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Three-fourths of state legislatures ratify
The United States Constitution has a two-step procedure for amending it, as outlined in Article V. The first step is the proposal for an amendment, which can be initiated in two ways. Firstly, two-thirds of both houses of Congress can propose an amendment. Secondly, two-thirds of the state legislatures can apply for Congress to call a convention to propose an amendment.
The second step is the ratification of the proposed amendment, which can also be done in two ways. The first method requires three-fourths of the state legislatures to ratify the amendment. This means that for a proposed amendment to be ratified, it must be approved by at least 38 of the 50 state legislatures. This method has been used for all amendments except one, which is the second method of ratification.
The second method requires three-fourths of state ratifying conventions to approve the proposed amendment. This method was only used once for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The choice of ratification method lies with Congress, which has the sole discretion to determine which method the states must use to ratify a particular amendment.
The Twenty-Seventh Amendment, commonly known as the Congressional Compensation Act of 1789, is an example of an amendment that was ratified by three-fourths of the state legislatures. It was originally proposed in 1789, and by 1873, only six states had voted for its ratification. It remained dormant for almost 80 years until Wyoming ratified it in 1978. By 1992, 38 states had ratified the amendment, and it was certified by the archivist of the United States as the Twenty-Seventh Amendment on May 18, 1992, more than 202 years after its original proposal.
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Three-fourths of state ratifying conventions approve
The United States Constitution outlines two methods for proposing amendments. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method, which has only been used once, for the Twenty-First Amendment, requires three-fourths of state ratifying conventions to approve a proposed amendment.
The process of amending the Constitution is deliberately challenging. Since the founding of the United States, Congress has proposed thirty-three constitutional amendments, of which twenty-seven have been ratified by the states. The Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition, is the only instance where three-fourths of state ratifying conventions were required to approve the amendment.
The Twenty-First Amendment, also known as the Congressional Compensation Act of 1789, was originally proposed in 1789 alongside eleven other amendments by the first Congress. It required that any changes to the rate of compensation for members of Congress could only take effect after the subsequent election in the House of Representatives. Despite early ratifications by several states, the amendment remained dormant for almost 80 years. In 1978, Wyoming became the second state to ratify it, and a movement to ratify the amendment gained momentum in the 1980s. By 1992, the required number of states (38) had ratified the amendment, and it was certified by the archivist of the United States as the Twenty-Seventh Amendment.
The choice of ratification method lies solely with the Congress. While the first method requires the involvement of state legislatures, the second method, involving state ratifying conventions, offers a different approach. This method allows for direct participation of citizens in the ratification process, providing a unique avenue for civic engagement and a check on the power of state legislatures.
In conclusion, the requirement of three-fourths of state ratifying conventions to approve a proposed amendment is a valid method outlined in Article V of the Constitution. However, it has been rarely used, with the Twenty-First Amendment being the only instance so far. This method empowers citizens to have a direct say in the amendment process and serves as a reminder that the ratification of constitutional amendments can be achieved through multiple avenues.
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Amendments are valid when ratified
The process of amending the US Constitution is intentionally challenging. Amendments are valid when ratified by either of the two methods outlined in Article V. The first method requires ratification by the legislatures of three-fourths of the states, while the second method requires ratification by conventions in three-fourths of the states. Congress decides which method the states must follow for a particular amendment.
The first method, requiring ratification by state legislatures, has been used for most amendments. This process involves both houses of Congress proposing an amendment, which is then sent to the states for ratification. An amendment becomes valid once three-fourths of the state legislatures ratify it.
The second method, requiring ratification by state ratifying conventions, has only been specified once, for the Twenty-First Amendment, which repealed Prohibition. This method bypasses the state legislatures and involves citizens directly in the ratification process.
The Twenty-Seventh Amendment, ratified in 1992, took over 200 years to be ratified, demonstrating the enduring challenge of amending the Constitution. The amendment required the support of 38 states for ratification and is an outlier in the amendment process.
The process of ratifying an amendment is a complex and lengthy procedure, ensuring that any changes to the Constitution undergo a thorough and deliberate process. The validity of an amendment hinges on fulfilling the ratification requirements set forth by Congress, which may vary depending on the specific amendment being proposed.
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Frequently asked questions
The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method requires three-fourths of state ratifying conventions to approve a proposed amendment.
Congress determines which of the two methods the states must use in order to ratify a particular proposed amendment.
The United States Constitution was written "to endure for ages to come" and to ensure its longevity, the framers made amending the document a difficult task.
Since the Founding, Congress has used Article V’s procedures to propose thirty-three constitutional amendments.
The Twenty-seventh Amendment was ratified in 1992, more than 202 years after its original proposal. It required any change to the rate of compensation for members of Congress to take effect only after the subsequent election.
