Isabella Carter
The United States Constitution 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, which sets forth two methods for states to ratify amendments. 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 the state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the states, at which point it becomes an operative part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | 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-quarters of the states or by ratifying conventions in three-quarters of the states |
| Amendment certification | Formal proclamation by the Archivist of the United States |
| Amendment publication | Federal Register and U.S. Statutes at Large |
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What You'll Learn
The role of the Archivist of the United States
The authority to amend the US Constitution is derived from Article V of the Constitution. The Archivist of the United States plays a crucial role in the amendment process. Once Congress proposes an amendment, the Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
In the context of the amendment process, the Archivist plays a vital role in certifying that an amendment has been duly ratified and has become part of the Constitution. This certification is done in collaboration with the Director of the Federal Register, who signs as a witness. The certification is then published in the Federal Register and the U.S. Statutes at Large, serving as official notice that the amendment process is complete.
The Archivist's duties extend beyond the amendment process. They are responsible for the custody of original statutes of the United States and work closely with various government entities to ensure proper record-keeping. The Archivist also oversees the work of volunteers and specialists at the National Archives, who assist in preserving and providing access to historical records.
Overall, the role of the Archivist of the United States is crucial in maintaining the integrity of the nation's records, facilitating the amendment process, and ensuring that important documents are accessible to the American public.
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The role of Congress in proposing amendments
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Congress, whenever two-thirds of both Houses deem it necessary, is responsible for proposing Amendments to the Constitution. This can be done either 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.
The process of proposing an amendment begins with Congress, which proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in this process, so the joint resolution does not require their signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, they assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and other relevant information.
Once the proposed amendment is received by the OFR, the Archivist of the United States, who heads NARA, takes on the responsibility 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 the informational material prepared by the OFR. At this point, the Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. It is important to note that some State legislatures have taken action on a proposed amendment even before receiving official notification.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). When an amendment is ratified by a State, the Archivist receives an original or certified copy of the State's action. The OFR examines these ratification documents for legal sufficiency and the presence of an authenticating signature. Once the required number of authenticated ratification documents is verified, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity. 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.
It is worth mentioning that, historically, none of the amendments to the Constitution have been proposed by a constitutional convention. All amendments have been proposed by Congress, with 33 proposals submitted to the states for potential ratification. Additionally, the amendment process is challenging and time-consuming, requiring a two-thirds majority vote in both houses of Congress before an amendment can be sent to the states for ratification.
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The role of the President in the amendment process
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. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
However, there are instances where Presidents have played an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. Similarly, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President.
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Ratification by state legislatures
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed either 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 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 prepared by the OFR. The mode of ratification is determined by Congress, and there is no mention of a time limit for the ratification of a constitutional amendment in Article V.
When an amendment is ratified by a state, 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 good order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). 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. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process has been completed.
While the ratification process is generally similar across states, there are some variations in the specific procedures and requirements. For example, most states permit voters to ratify legislature-crafted amendments by a simple majority vote, while a few states have different thresholds, such as a two-thirds vote in New Hampshire and a 55% threshold in Colorado. Additionally, some states, like Florida, allow constitutional commissions to submit amendments directly to voters for approval.
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The number of amendments to the Constitution
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments must be properly proposed and ratified before becoming operative. This process was designed to strike a balance between the excesses of constant change and inflexibility.
An amendment may be proposed and sent to the states for ratification by either: The U.S. Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary; or a national convention called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959). This option has never been used. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) by either (as determined by Congress): the legislatures of three-fourths of the states; or a national convention.
Since 1789, there have been more than 11,000 proposals to amend the Constitution, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress. However, only 27 amendments have been ratified and become part of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments include the right to free speech, freedom of religion, and the right to bear arms.
The process of amending the Constitution is difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Frequently asked questions
Article V of the US Constitution allows for amendments.
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. To become part of the Constitution, an amendment must then be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states.
No, the President does not have a constitutional role in the amendment process.
The US Constitution has been amended 27 times since it was drafted in 1787.
The US Constitution is considered one of the most difficult constitutions in the world to amend. The process requires amendments to be supported by a consensus, with approval by two-thirds of both Houses of Congress and three-quarters of the states.
