Omar Bennett
The United States Constitution has a two-step process for amendments, as outlined in Article V. Amendments can be proposed by Congress with a two-thirds majority vote in the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). The Archivist of the United States administers the ratification process, and while the President does not have a constitutional role in this process, they may participate in the ceremonial signing of the certification. Since the Constitution was enacted in 1789, there have been approximately 11,848 proposals to amend it, with 27 successful amendments, the first 10 of which are known as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | 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 the State legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Number of amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Amendments 11-27 | Various, including modifications to Article III, section 2, and Article IV, section 2 |
| Number of proposals to amend the Constitution | Approximately 11,848 since 1789 |
Explore related products
$9.99 $9.99
What You'll Learn
The two-step process
The authority to amend the US Constitution is derived from Article V of the Constitution, which outlines a two-step process for making changes to the nation's plan of government. This process aims to balance the need for change with stability. The two-step process is as follows:
Step 1: Proposal
An amendment can be proposed in two ways. Firstly, it can be proposed by the US Congress, with a two-thirds majority vote in both the Senate and the House of Representatives. Secondly, it can be proposed through a national convention called for by two-thirds of the state legislatures (34 since 1959). However, this second option has never been used. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress.
Step 2: Ratification
Once an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Archivist of the United States is responsible for administering the ratification process, and upon successful ratification, they issue a certificate proclaiming the amendment as an operative part of the Constitution.
The process of amending the Constitution is a deliberate and challenging endeavour, with only 27 successful amendments out of thousands of proposals. This two-step process ensures that any changes to the Constitution reflect the will of the people and are thoroughly considered and supported by a significant majority of the country.
The Secret Conference: Constitution Bill Amendments
You may want to see also
The role of the Archivist
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role of the Archivist in the constitutional amendment process is to manage and administer the ratification process.
When Congress proposes an amendment, the Archivist collects the state ratifications and submits the proposed amendment to the states for ratification. Once an amendment has been ratified by three-fourths of the states (38 out of 50), the Archivist issues a certificate, known as a formal proclamation, declaring that the amendment has become an operative 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 that the amendment process has been completed.
The Archivist also has duties concerning the custody of Electoral College documents, such as certificates of ascertainment declaring the names of presidential electors and certificates of vote produced by the electors. These administrative responsibilities are typically delegated to the Director of the Federal Register, who assists the Archivist in their tasks. The Director examines ratification documents for facial legal sufficiency and an authenticating signature, maintaining custody of these documents until an amendment is adopted or fails.
The Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
Amending the Constitution: Who Has the Power?
You may want to see also
Congress proposes amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can 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. Congress proposes an amendment in the form of a joint resolution, which is then forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication.
Since the early 20th century, Congress has occasionally stipulated a time limit for ratification by the states, typically seven years from the date of submission. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. It also assembles 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 other relevant information.
Once an amendment is ratified by three-quarters of the States (38 out of 50), it becomes part of the Constitution. The OFR verifies that it has received the required number of authenticated ratification documents, then drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and serves as official notice to Congress and the Nation that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. For example, President Nixon witnessed the certification of the 26th Amendment.
Congress has proposed 33 amendments to the Constitution since 1789, with approximately 11,848 proposals introduced. Twenty-seven of these amendments have been ratified and are part of the Constitution, while six have not been ratified by the required number of states.
Amendments: The Constitution's Living, Breathing Evolution
You may want to see also
Explore related products
![Sections of the Constitution and the Codes of California : and Amendments Thereto, Relating to Banks and Banking, and Building and Loan Associations / Compiled by W.W. Moreland 1892 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes a two-step process, requiring amendments to be proposed and ratified before becoming operative. Notably, the President does not have a constitutional role in this process.
Once an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This can be achieved through state ratifying conventions or the legislatures of three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to have been ratified through state ratifying conventions.
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. Upon receiving the required number of authenticated ratification documents, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The certification of a successful amendment is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation. In recent years, the signing of the certification has become a ceremonial event attended by dignitaries, including the President on some occasions.
Anti-Defection Laws: Constitutional Amendment for Political Stability
You may want to see also
The Bill of Rights
The United States Constitution outlines a two-step process for amendments in Article V. Amendments must be proposed and ratified before they can become operative. The first ten amendments to the Constitution, also known as Amendments 1-10, make up what is known as The Bill of Rights. These amendments were adopted and ratified simultaneously on December 15, 1791, and form the foundation of individual rights and civil liberties in the United States.
One notable amendment within The Bill of Rights is the First Amendment, which guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government. This amendment has been instrumental in shaping political discourse and safeguarding civil liberties.
Another significant amendment is the Second Amendment, which states, "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This amendment has been the subject of much debate and interpretation, with varying opinions on the extent of the right to bear arms and the role of militias in modern times.
The Tenth Amendment is also worth mentioning. It states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Essentially, this amendment ensures that any powers not specifically granted to the federal government are retained by the states or the people, promoting a balance between federal and state authority.
Maine Voters: Disability Rights and the Constitution
You may want to see also
Frequently asked questions
Article Five of the US Constitution deals with the process of amending the nation's plan of government.
Amendments can be proposed by the US Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a constitutional convention called for by two-thirds of the State legislatures.
After an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).
