Omar Bennett
The United States Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified in 1791 and are known as the Bill of Rights. The authority to amend the Constitution is derived from Article V, which outlines two methods for amending the nation's frame of government. Amendments may 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. Once an amendment is proposed, it must be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Requires three-fourths of the States (38 of 50 States) |
| Amendment certification | Formal proclamation by the Archivist of the United States |
| Total amendments | 27 |
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What You'll Learn
Article V of the Constitution
Article V of the US Constitution outlines the procedures for amending the document. It establishes two methods for proposing amendments and two methods for states to ratify them.
The first method for proposing an amendment requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used to propose amendments thus far. The second method involves a constitutional convention called for by two-thirds of the state legislatures. This method has never been used.
Once an amendment has been proposed, it must be ratified. The first method of ratification requires three-fourths of the state legislatures to approve the amendment. The second method involves conventions in three-fourths of the states. Congress determines which method of ratification the states must follow.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. Once an amendment is ratified, the Archivist certifies its validity, and it becomes part of the Constitution. The 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 is complete.
In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments ratified in 1791.
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The amendment process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which does not require presidential approval.
Alternatively, amendments can be proposed by a convention called for by two-thirds of the state legislatures. However, this method has never been used for any of the 27 amendments to the Constitution. Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states.
The ratification process is administered by 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. Once the required number of authenticated ratification documents is received, a formal proclamation is drafted 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 serves as official notice that the amendment process is complete.
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Ratification by three-fourths of states
The authority to amend the US Constitution is derived from Article V of the Constitution. Article V outlines several methods by which the Constitution can be amended. One method, which has been used for every amendment so far, is for Congress to propose an amendment, which is then sent to the states for ratification. For an amendment to be ratified, it must be approved by three-fourths (38 out of 50) of the state legislatures or by conventions in three-fourths of the states. This means that if 13 out of 50 states object to a proposal, it will not become an amendment.
The process of amending the Constitution begins with a proposal for an amendment. This can be initiated 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, it is sent to the states for ratification. The states can ratify an amendment in one of two ways: through their legislatures or through state ratifying conventions. The choice between these two methods is made by Congress.
Once an amendment has been ratified by the required number of states, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's role is primarily ministerial, following procedures established by the Secretary of State and the Administrator of General Services. The Archivist receives the authenticated ratification documents from the states and drafts a formal proclamation certifying 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.
The ratification of amendments to the US Constitution is a complex process involving multiple steps and stakeholders. The requirement for ratification by three-fourths of the states ensures that any amendment has broad support across the country and protects against a small minority of states dominating the process. This process has been used to amend the Constitution 27 times, with the most recent amendment, the 27th Amendment, being ratified in 1992.
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Congress proposes amendments
The authority to amend the US Constitution 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 is done in the form of a joint resolution, which does not require presidential approval. 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. 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.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble 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 proposal. Once an amendment is proposed by Congress, it must be ratified to become part of the Constitution. An amendment must be ratified by three-quarters of the states, or by ratifying conventions conducted in three-quarters of the states. This process has only been used once in American history, with the 1933 ratification of the 21st Amendment.
The Archivist of the United States is responsible for administering the ratification process, although they do not make any substantive determinations as to the validity of state ratification actions. The certification of the facial legal sufficiency of ratification documents by the Archivist is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
Congress has approved 33 amendments to the US Constitution, which have been sent to the states for ratification. Of these, 27 have been ratified and are now part of the Constitution. The first 10 amendments were ratified simultaneously and are known as the Bill of Rights. Six amendments adopted by Congress have not been ratified by the required number of states and are not part of the Constitution. Four of these amendments are still open and pending, while the other two have failed by their own terms or by the terms of the resolution proposing them.
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The President's role
However, some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after they were approved by Congress.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
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Frequently asked questions
Article V of the US Constitution allows for amendments.
There have been 27 amendments to the Constitution since it was drafted in 1787. The first 10 amendments were adopted and ratified simultaneously in 1791 and are known as the Bill of Rights.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can request Congress to call a Constitutional Convention to propose amendments. Once an amendment is proposed, it must 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 joint resolution proposing an amendment does not require presidential approval before it is sent to the states for ratification.
