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Article V of the United States Constitution outlines the procedure for amending the document. The process involves proposing an amendment, which can be done 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 proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through state legislatures or state ratifying conventions, with Congress determining the method. The President does not have a constitutional role in the amendment process, and the authority to amend the Constitution ultimately rests with Article V.
| Characteristics | Values |
|---|---|
| Article of the Constitution that deals with amending | Article V |
| Number of amendments to the Constitution | 27 |
| Number of proposed amendments sent to states for ratification | 33 |
| Number of proposed amendments that have not been ratified | 6 |
| Number of measures to amend Constitution proposed in Congress | 10,000+ |
| Minimum number of houses required to propose an amendment | 2/3 |
| Minimum number of states' legislatures required to propose an amendment | 2/3 |
| Minimum number of states required to ratify an amendment | 3/4 (38 out of 50) |
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What You'll Learn
The authority to amend
The first method authorises Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, to propose a constitutional amendment in the form of a joint resolution. This joint resolution does not require presidential approval before it is sent out to the states. Once Congress has approved a proposed amendment, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format.
The second method involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used to propose any of the 27 amendments to the Constitution.
After being officially proposed, a constitutional amendment must then be ratified by three-fourths (38 out of 50) of the States. Congress determines the method of ratification, which can be through the state legislatures or state ratifying conventions. Amendments ratified by the states under either procedure are indistinguishable and have equal validity as part of the Constitution.
The Archivist of the United States is responsible for administering the ratification process. 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 and has become part of the Constitution. 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.
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Two methods for amending
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The framers of the Constitution intentionally made it difficult to amend the document. Article V of the Constitution outlines the two methods for amending it.
The first method involves Congress proposing amendments 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 the President's signature or approval. 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 can be done through the state legislatures or state ratifying conventions, with Congress determining the mode of ratification.
The second method for amending the Constitution involves a constitutional convention called for by two-thirds of the state legislatures. This method has never been used to propose an amendment. However, there have been efforts to initiate this process, including by a retired federal judge, Malcolm R. Wilkey, who argued for a new convention to address issues such as gridlock and excessive influence by interest groups.
While the President does not have a constitutional role in the amendment process, they may participate in the ceremonial signing of the certification of an amendment, as witnessed by President Johnson for the 24th and 25th Amendments, and President Nixon for the 26th Amendment.
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Ratification by states
The authority to amend the US Constitution comes from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming. After Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process.
The Archivist notifies each state governor of the proposed amendment, and the governors then submit the amendment to their state legislatures. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the state legislatures (38 out of 50 states). This can be achieved through the state legislatures or a state convention. The OFR verifies the ratification documents and drafts a formal proclamation 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 U.S. Statutes at Large, serving as official notice to Congress and the nation.
In some instances, states have sent documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. While the Archivist does not determine the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive. The signing of this certification has become a ceremonial event attended by dignitaries, including the President on some occasions.
The process of amending the Constitution through state ratification has been used for every amendment thus far. While there is an alternative process outlined in Article V, involving a constitutional convention called for by two-thirds of state legislatures, this method has never been utilized.
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The President's role
Article V of the Constitution outlines the procedure for altering the Constitution, and it does not require the President's approval or signature. The amendment process starts with a proposal by two-thirds of both Houses of Congress or by a convention called for by two-thirds of the State legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
The President does not have a constitutional role in this process, and their signature or approval is not required for a joint resolution proposing an amendment. This was affirmed by the Supreme Court in Hollingsworth v. Virginia (1798). However, in recent history, the President has been involved in the ceremonial signing of certifications for amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
While the President may endorse ideas for amendments, as President Clinton did for a crime victims' rights amendment, they do not have a formal role in the amendment process outlined in Article V. The process is managed by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), and the Director of the Federal Register.
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Unamendable subjects
The Constitution of the United States was drafted in 1787, and since then, it has been amended 27 times. The authority to amend the Constitution is derived from Article V of the Constitution. Article V also makes certain subjects unamendable.
The first of these sentences prohibited amendments before 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. This sentence's limitations on amendments have expired.
The second sentence of Article V, which remains in effect, prohibits amendments that would deprive states, without their consent, from having equal suffrage in the Senate. This means that no amendment can be made that would deprive a state of its equal representation in the Senate without that state's agreement.
In addition to these unamendable subjects, Article V also sets forth procedures for amending the Constitution, which include proposing an amendment and subsequent ratification. 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 the state legislatures.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or ratifying conventions. The process of amending the Constitution is intentionally made difficult and time-consuming to ensure that only significant changes are made to the document.
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Frequently asked questions
Article V of the Constitution deals with amending.
The process of amending the Constitution consists of proposing an amendment and subsequent ratification. 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. After being proposed, an amendment must be ratified by three-fourths of the states (38 out of 50).
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 goes out to the states.
None of the 27 amendments to the Constitution have been proposed by constitutional convention.
