Jonah Patel
The US Constitution is notoriously difficult to amend, and the process is detailed in Article Five of the Constitution. There are two methods by which amendments may be proposed: by 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 (34 out of 50 states). Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The US Constitution has been amended 27 times, whereas state constitutions are amended regularly and have been amended around 7,000 times.
| Characteristics | Values |
|---|---|
| Number of states needed to amend the US Constitution | 38 of 50 states (three-fourths of the states) |
| Number of amendments to the Constitution of the United States | 27 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | Approximately 11,848 (as of January 3, 2019) |
| Number of states that have applied for an Article V Convention | All states except Hawaii |
| Number of attempts to amend the Constitution via an Article V Convention since the late 1960s | 2 |
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What You'll Learn
- A two-thirds majority vote in the House of Representatives and Senate is required to propose an amendment
- Congress can propose amendments, but the President does not have a role in the process
- Amendments are sent to the Archivist of the United States, who administers the ratification process
- Amendments become part of the Constitution when ratified by three-fourths of States (38/50)
- State constitutions are amended regularly, but the US Constitution is harder to change
A two-thirds majority vote in the House of Representatives and Senate is required to propose an amendment
The process of amending the US Constitution is a complex and challenging endeavour. It requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment, demonstrating the high threshold set for any changes to the nation's foundational document. This process is initiated by Congress, which plays a central role in proposing amendments. Since the President does not have a constitutional role in this process, the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
The two-thirds majority vote in both chambers of Congress is a significant hurdle, and it is even more challenging when considering the infrequent success of such proposals. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate proposing around 200 amendments during each two-year term. However, in recent decades, none of these proposals have made it into the Constitution. This highlights the rarity of successful amendment proposals and the stringent standards they must meet.
The last time a proposal achieved the required two-thirds support in both chambers was in 1978, with the District of Columbia Voting Rights Amendment. This amendment was one of the 27 amendments that have been successfully ratified and integrated into the Constitution. It is worth noting that state constitutions, on the other hand, are much more flexible and frequently amended, with the current constitutions of the 50 states having been amended around 7,000 times.
While Congress plays a pivotal role in proposing amendments, the ratification process is equally crucial. After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. This process can occur in two ways: through ratification by state legislatures or by state conventions, depending on the instructions provided by Congress. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
In summary, the two-thirds majority vote requirement in both the House of Representatives and the Senate is a critical step in the process of amending the US Constitution. This step sets a high bar for proposing amendments, ensuring that any changes to the nation's foundational document are carefully considered and widely supported by Congress. The subsequent ratification process, overseen by the Archivist of the United States, further reinforces the rigorous nature of amending the Constitution, making it a challenging and infrequent occurrence in the nation's history.
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Congress can propose amendments, but the President does not have a role in the process
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a difficult process, with the Constitution having only been amended 27 times, while state constitutions are amended regularly.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is done through a joint resolution, which does not require presidential approval or signature before being sent to the states. The President, therefore, does not have a constitutional role in the amendment process.
The second method for proposing amendments is through a constitutional convention, which has never been used. This convention is called for by two-thirds of the State legislatures and then proposes amendments.
Once an amendment is proposed, it is submitted to the states for their consideration. The amendment must then be ratified by three-quarters of the states (38 of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who sends a letter of notification to each state governor along with informational material. When a state ratifies the amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register for examination. If the documents are in order, the Director acknowledges receipt and maintains custody.
In summary, while Congress plays a crucial role in proposing and specifying the mode of ratification for amendments, the President does not have a formal function in the process. The authority to amend the Constitution rests with Congress and the states, reflecting a careful balance between national and state-level decision-making.
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Amendments are sent to the Archivist of the United States, who administers the ratification process
The process of amending the US Constitution is a complex and lengthy procedure. The US Constitution has been amended 27 times, with the last amendment being made in 1992, 202 years after it was initially proposed in 1789. The US Constitution is considered the most difficult in the world to amend.
Amendments to the Constitution are proposed by Congress in the form of a joint resolution. This proposal does not require presidential approval. Once proposed, the original document is sent to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then prepares an information package for the States, which includes copies of the joint resolution and the statutory procedure for ratification.
At this point, the Archivist of the United States, who heads the NARA, assumes a crucial role in the process. The Archivist is responsible for administering the ratification process, as outlined in 1 U.S.C. 106b. The Archivist officially notifies each state's governor that an amendment has been proposed, and the governors then submit the amendment to their respective state legislatures or state ratifying conventions.
Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. When the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies that the amendment is valid and has become part of the Constitution.
The Archivist's role in the amendment process is primarily administrative, following established procedures and customs. The certification of an amendment's ratification is a significant step, serving as official notice to Congress and the nation that the amendment process has been successfully completed.
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Amendments become part of the Constitution when ratified by three-fourths of States (38/50)
The United States Constitution is difficult to change and has only been amended 27 times. In contrast, state constitutions are amended regularly and with much greater ease.
Amendments to the US Constitution may be proposed in two ways, as outlined in Article Five of the Constitution. The first method involves a two-thirds majority vote in both the Senate and the House of Representatives. This method has been used 33 times to propose amendments, 27 of which were successfully ratified.
The second method, known as the Article V Convention method, has never been used. This method involves two-thirds of state legislatures (34 out of 50) applying for a convention to propose amendments. While this method has never been used to amend the Constitution, it has nearly reached the required threshold on several occasions.
Once an amendment is proposed by either of these two methods, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This ratification process is administered by the Archivist of the United States, who issues a certificate proclaiming that the amendment has become operative once it is properly ratified.
The process of amending the US Constitution was designed to balance the need for change with the need for stability. While numerous proposals have been introduced in Congress, only a small fraction have become part of the Constitution.
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State constitutions are amended regularly, but the US Constitution is harder to change
The US Constitution has been amended 27 times, but none of these amendments were proposed by constitutional convention. Instead, they were all proposed by Congress, which can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed by Congress, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. This process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
In contrast, state constitutions are amended regularly and have been amended more than 7,000 times. In 49 states, the people must vote directly on proposed amendments, and 18 states further recognize the people's right to adopt amendments by constitutional initiative. This means that the right to amend state constitutions is a cornerstone of state democracy and recognizes the people's sovereignty as an active, ongoing commitment.
The process of amending the US Constitution is more complex and involves more steps than amending a state constitution. It requires the approval of Congress or a constitutional convention, followed by ratification by a majority of states. This multi-step process makes it more challenging to change the US Constitution compared to state constitutions, which often involve a more straightforward process of popular vote and approval.
The complexity of amending the US Constitution can be attributed to the fact that it is a foundational document for the entire nation, and any changes to it would have a significant impact on the country as a whole. As such, the amendment process is designed to be deliberate and thoughtful, ensuring that any changes made have broad support and are in the best interests of the nation.
While the US Constitution is harder to change compared to state constitutions, the amendment process for both plays a crucial role in shaping the legal and democratic landscape of the United States. Amendments to state constitutions have generated most of the state constitutional rights enjoyed today, while amendments to the US Constitution have addressed broader issues affecting the entire nation.
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Frequently asked questions
38 out of 50 states (or three-fourths of the states) are required to ratify a proposed amendment for it to become part of the US Constitution.
There have been 27 amendments to the US Constitution since it was enacted in 1789.
Amendments can be proposed by 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 (34 out of 50 states).
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. However, no amendments have been made in recent decades.
