Eleanor Finch
The process of amending the US Constitution is a difficult and time-consuming endeavour. Article V of the Constitution outlines the procedure for making changes to the document, which has only been amended 27 times since it was drafted in 1787. To propose an amendment, two-thirds of both Houses of Congress must vote in favour. This means that a significant portion of Congress, as well as three-quarters of the states, must agree on any changes to the Constitution, ensuring that any amendments have a broad consensus and are not driven by the interests of a small minority.
| Characteristics | Values |
|---|---|
| Percentage of Congress required to amend the Constitution | Two-thirds majority vote in both the House of Representatives and the Senate |
| Number of states required to ratify the amendment | Three-fourths of the states (38 out of 50) |
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What You'll Learn
Two-thirds majority in Congress
The United States Constitution has been amended only 27 times since it was drafted in 1787. The framers made it difficult to amend the Constitution to ensure its longevity. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come".
A two-thirds majority in Congress is required to propose an amendment to the Constitution. This means that two-thirds of both the House of Representatives and the Senate must vote in favour of the amendment. This is derived from Article V of the Constitution, which outlines the process for amending the document.
The two-thirds majority vote in each house is based on the members present and not on the entire membership, including those absent. This means that a quorum, or minimum number of members, must be present for the vote to be valid.
Once an amendment is proposed by Congress, it is then sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states, or 38 out of 50 states. This can be done through the state legislatures or through conventions called for this specific purpose.
While there are other ways to propose amendments, such as through a constitutional convention called for by two-thirds of the state legislatures, all amendments to the Constitution so far have been proposed by Congress with a two-thirds majority vote in both houses.
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Three-quarters of states must ratify
The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a challenging and time-consuming process, as Chief Justice John Marshall wrote in the early 1800s, "to endure for ages to come." The first step in the process is for two-thirds of both houses of Congress to propose an amendment, or two-thirds of state legislatures can apply for a Constitutional Convention to propose amendments.
Once an amendment has been proposed, it must be ratified by three-quarters of the states, or 38 out of 50 states, to become part of the Constitution. This can be done through the state legislatures or by conventions in three-quarters of the states, as determined by Congress. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The process of amending the Constitution has occurred only 27 times since it was drafted in 1787, indicating the difficulty of the task. The Twenty-Seventh Amendment, for example, took over two hundred years to be ratified by three-quarters of the states.
It is important to note that the President does not have a constitutional role in the amendment process, and Congress has the authority to propose amendments without the President's approval. Additionally, Article V provides a way for states to bypass Congress in proposing amendments, but this method has never been used.
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Congress's role in the process
The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, with the most recent amendment occurring in 1992, over two hundred years after it was first proposed.
Article V of the Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in each house must vote in favour of the proposed amendment, not two-thirds of the entire membership. This is the method that has been used for all amendments so far. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format.
The second method outlined in Article V involves a constitutional convention called for by two-thirds of the state legislatures. This method has never been used, although it does have its backers. A constitutional convention would propose amendments, which would then be sent to the states for ratification.
Regardless of the method used to propose an amendment, it must be ratified by three-fourths of the states (38 out of 50) before it can become part of the Constitution. Congress can specify the mode of ratification, either through the state legislatures or through conventions called for the single purpose of deciding on ratification. In most cases, ratification has been carried out by state legislatures.
In summary, Congress plays a crucial role in the amendment process by proposing amendments with a two-thirds majority vote in both houses or by calling for a constitutional convention upon the request of two-thirds of state legislatures. The proposed amendments are then forwarded to the OFR for processing and publication, and ultimately, ratification by the states.
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State legislatures vs. convention
The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, with the last amendment being added in 1992, more than two hundred years after it was first proposed. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines two methods for proposing amendments.
The first method, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then sent to the states for ratification, where it must be approved by three-fourths of the state legislatures, or 38 out of 50 states. This process ensures that even a small minority of the country can prevent an amendment from being added to the Constitution.
The second method, which has never been used, is for two-thirds of the state legislatures to call for a constitutional convention to propose amendments. This route bypasses Congress and allows the states to propose amendments directly. The proposed amendments would then be sent to the states for ratification, requiring approval from three-quarters of the states. Congress can specify whether the states ratify through their state legislatures or by calling conventions specifically for this purpose.
While the first method relies on Congress to propose amendments, the second method empowers the states to initiate the amendment process directly through a constitutional convention. This provides a mechanism for the states to propose amendments even if Congress is gridlocked or unresponsive to their concerns. However, it is important to note that the second method has a higher bar for initiating the process, requiring the agreement of two-thirds of state legislatures, compared to the first method's requirement of a two-thirds majority in Congress.
In conclusion, the process of amending the US Constitution is deliberately challenging, requiring the approval of a significant portion of the country. The two methods provided by Article V offer different pathways for proposing amendments, with one centred on Congress and the other on the state legislatures. The choice between these methods depends on the political dynamics and the level of support for an amendment in Congress and among the states.
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Article V of the Constitution
Article V of the US Constitution outlines the procedures for proposing and ratifying amendments to the Constitution. It establishes two methods for proposing and two methods for ratifying amendments.
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. However, none of the amendments to the Constitution have been proposed through this method.
Once an amendment is proposed, Congress determines the method for ratification. The first method of ratification requires the approval of three-fourths of the state legislatures, while the second method involves conventions in three-fourths of the states. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states).
Article V also includes two sentences that make certain subjects unamendable. It states that no amendment made before 1808 can affect the first and fourth clauses in the ninth section of the first article, and that no state can be deprived of its equal suffrage in the Senate without its consent.
Since the founding of the nation, Congress has proposed 33 constitutional amendments using Article V's procedures, of which 27 have been ratified by the states.
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Frequently asked questions
Two-thirds of both Houses of Congress must deem it necessary to propose an amendment to the Constitution.
The proposed amendment is sent to the states for ratification.
Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution.
No, a Constitutional Convention has never been held to propose amendments. All amendments so far have been proposed by Congress.
