Jonah Patel
The United States Constitution has been amended only 27 times since it was drafted in 1787, with the last amendment being made in 1971. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. In both cases, three-quarters of the states must ratify the amendment for it to become part of the Constitution. This process ensures that any changes made to the Constitution reflect a consensus and have a significant impact on the nation.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment submission | A letter of notification to each Governor along with informational material |
| Amendment approval | Original or certified copy of State action sent to the Archivist |
| Amendment certification | Formal proclamation drafted by the OFR for the Archivist to certify |
| Amendment notice | Official notice to Congress and the Nation |
| Number of amendments to the Constitution | 27 |
| Number of proposals to amend the Constitution | At least 11,000 |
Explore related products
What You'll Learn
- Two-thirds majority vote in both the House of Representatives and the Senate
- Three-fourths of the States must ratify the amendment
- The Archivist of the United States administers the ratification process
- State legislatures generate most constitutional amendments
- Conventions are called by legislators, requiring majority legislative votes
Two-thirds majority vote in both the House of Representatives and the Senate
The process of amending the US Constitution is outlined in Article V of the Constitution. It is a challenging and time-consuming process that has only been completed 27 times since the Constitution was first drafted in 1787.
One of the two methods for proposing amendments to the Constitution involves a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present, assuming a quorum, must vote in favor of the amendment. This method has been used to propose 33 constitutional amendments, which were then sent to the states for potential ratification.
The two-thirds majority vote in both chambers of Congress is a significant hurdle to proposing an amendment. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority required for submission to the states. This high threshold ensures that amendments have broad support and are not merely partisan efforts.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR adds legislative history notes and publishes the proposed amendment, along with an information package for the states.
The proposed amendment is then submitted to the states for their consideration. The governors receive the proposal and formally submit it to their state legislatures. The states can then take action on the proposed amendment, and if it is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
Amendments Repealed: A Look at Constitutional Changes
You may want to see also
Three-fourths of the States must ratify the amendment
The process of amending the US Constitution is a complex and lengthy one. The Constitution has been amended only 27 times since 1787, and there have been at least 11,000 proposals to amend it that have not been approved. The authority to amend the Constitution is derived from Article V, which establishes two methods for proposing amendments.
The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is the method that has been used for all 27 amendments. The proposal takes the form of a joint resolution, which is sent to the National Archives and Records Administration (NARA) for processing and publication. The NARA Office of the Federal Register (OFR) then sends the proposal to the states for their consideration.
The second method is for two-thirds of the state legislatures to call for a constitutional convention to propose amendments. This method has never been used. It is the subject of ongoing debate among scholars, who disagree on issues such as whether Congress must call a convention upon receiving the requisite number of state applications and whether Congress can control aspects of the convention, such as its rules of procedure.
Once an amendment has been proposed by one of these methods, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done by the state legislatures or by conventions in three-fourths of the states, as specified by Congress. The OFR verifies that it has received the required number of authenticated ratification documents and then 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, serving as official notice that the amendment process is complete.
In summary, while there are multiple paths for amending state constitutions, amending the US Constitution is a challenging and time-consuming process. The requirement for supermajority support in both Congress and the states ensures that any changes to the Constitution reflect a broad consensus.
Weapons and the Constitution: Time for an Amendment?
You may want to see also
The Archivist of the United States administers the ratification process
The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
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. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, 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 order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
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 to Congress and the Nation that the amendment process has been completed.
The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. The Archivist is appointed by the President with the advice and consent of the Senate and is responsible for safeguarding and making available for study all the permanently valuable records of the federal government.
Term Limits: Constitutional Amendment Explained
You may want to see also
Explore related products
State legislatures generate most constitutional amendments
The process of amending the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process. 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 has delegated many of the duties associated with this function to the Director of the Federal Register.
State legislatures play a significant role in the constitutional amendment process. While Congress has the authority to propose amendments, the states have the power to ratify or reject them. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). This ratification process gives state legislatures considerable influence in shaping the Constitution.
In addition to ratifying amendments proposed by Congress, state legislatures can also initiate the amendment process. According to Article V, Congress must call a constitutional convention for proposing amendments when two-thirds of the state legislatures request it. However, in practice, all amendments have been proposed by Congress, and none have been initiated by a constitutional convention.
State legislatures are the primary drivers of constitutional amendments at the state level. In most states, legislators have the power to craft and propose amendments. Citizens can also initiate amendments through a ballot process, but the legislature often sets the requirements and may have a role in approving citizen-initiated amendments before they reach the ballot. Additionally, some states, like Florida, have commissions that are empowered to place amendments directly on the ballot for voter approval.
The involvement of state legislatures in the constitutional amendment process is significant. State legislatures generate more than 80 percent of the constitutional amendments that are considered and approved annually across the country. This highlights the active role that states play in shaping their constitutions and the distribution of power between the federal and state governments in the United States system of government.
Voting Rights Act: The 15th Amendment's Impact
You may want to see also
Conventions are called by legislators, requiring majority legislative votes
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is worth noting that the U.S. Constitution is difficult to change and has only been amended 27 times since it was drafted in 1787.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present, assuming a quorum, must vote in favour of the amendment. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
In most states, conventions are called by legislators, requiring a majority legislative vote to approve a convention referendum. A minority of states require a supermajority legislative vote to call a convention. Once a convention is called, a referendum on the convention must be approved by a majority of voters in most states, although some states do not require voter approval.
It is important to note that, despite coming close on several occasions, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. All amendments have been proposed by Congress.
Constitutional Amendment 8200: Who's in Support in Washington State?
You may want to see also
Frequently asked questions
Two-thirds of both the House of Representatives and the Senate must agree to propose an amendment to the US Constitution.
The Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process.
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.
An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
