Omar Bennett
The process of amending the Constitution is outlined in Article V of the United States Constitution. There are two ways to propose an amendment: through 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. Ratification can occur in two ways: by a three-fourths majority vote of state legislatures or by conventions in three-fourths of states. The Congress decides which method of ratification is to be used. While there have been 11,000 proposals to amend the Constitution, only 27 amendments have been added to the Constitution since its inception.
| Characteristics | Values |
|---|---|
| Number of ways to propose an amendment | 2 |
| First way | Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate |
| Second way | A constitutional convention is called for by two-thirds of state legislatures |
| Who is responsible for administering the ratification process | Archivist of the United States |
| Who has the authority to amend the Constitution of the United States | Article V of the Constitution |
| Number of amendments to the Constitution | 27 |
| Who decides whether to ratify the amendment | The states |
| Number of states required to ratify an amendment | 38 of 50 states |
| Who drafts a formal proclamation for the Archivist to certify that the amendment is valid | OFR |
| Where is the certification of a completed amendment process published | Federal Register and U.S. Statutes at Large |
| Who has the authority to choose the mode of ratification | Congress |
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What You'll Learn
Two-thirds majority in Congress
The United States Constitution, under Article V, outlines two methods for proposing amendments. One of these methods is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This process requires a joint resolution from Congress, bypassing the President, who does not have a constitutional role in the amendment process.
The two-thirds majority vote in each house is based on the members present, assuming a quorum is met, rather than the entire membership. This means that a two-thirds majority of the members of the House of Representatives and the Senate must be present for the vote, and at least two-thirds of those present must vote in favour of the amendment.
Once an amendment is proposed by Congress, it is 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. The Archivist submits the proposed amendment to the states by sending a letter of notification to each state governor, along with informational material.
The states then have the authority to decide on the ratification of the amendment. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). The states send authenticated ratification documents to the Archivist, who certifies the validity of the amendment. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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Two-thirds of state legislatures call for a convention
Article V of the United States Constitution outlines two methods for proposing amendments: one driven by Congress and the other by state legislatures. While the former has been used multiple times, the latter, which involves two-thirds of state legislatures calling for a convention, has never been used.
The Constitution grants state legislatures the power to apply for a national convention to propose amendments. This process involves two-thirds of state legislatures (34 out of 50 states) requesting that Congress call a convention for proposing amendments. This convention can propose amendments independently of Congress, and these proposed amendments would then be sent to the states for ratification.
State legislatures have used their power to apply for a national convention to pressure Congress into proposing a desired amendment. However, despite this strategic use of the convention method, no amendments have been proposed in this way. This may be due to several debated issues surrounding Article V conventions, including whether Congress must call a convention upon receiving the requisite number of state applications, whether the convention can be limited, and the extent of Congress's control over the convention's rules and procedures.
To further understand the process of proposing a constitutional amendment through a convention called by two-thirds of state legislatures, it is important to examine the steps involved. Once two-thirds of the state legislatures apply for a convention, Congress calls for a national convention. A majority vote of state delegations at this convention is required to propose an amendment. The proposed amendment is then sent to the states for ratification, requiring approval by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
In conclusion, while the method of proposing a constitutional amendment through a convention called by two-thirds of state legislatures has never been utilised, it remains a valid option outlined in Article V of the Constitution. This process empowers states to initiate the amendment process and provides an alternative route to proposing amendments when necessary.
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Ratification by three-quarters of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution provides two methods for proposing amendments, and two methods for ratifying them.
Once a proposed amendment has been ratified by the required number of states, each state sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist then delegates the responsibility for administering the ratification process to the Director of the Federal Register.
The Director of the Federal Register examines the ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
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 serves as official notice to Congress and the nation that the amendment process has been completed.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require the President's signature or approval.
While Article V provides two methods for ratifying amendments, it is up to Congress to determine which method the states must follow for a proposed amendment to become effective. In practice, every amendment except for the Twenty-First Amendment has been ratified by state legislatures.
The process of ratifying constitutional amendments can vary across different jurisdictions, and the specific procedures outlined above may not apply in all cases.
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Ratification by conventions in three-quarters of states
The United States Constitution, under Article V, outlines two methods for proposing amendments. The first method, which has been used for all 27 amendments, involves a two-thirds majority vote in both the House of Representatives and the Senate of the United States Congress. This process bypasses the President, as the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, is through a constitutional convention called for by two-thirds of state legislatures. This method allows states to bypass Congress and propose amendments directly. However, even in this case, three-quarters of the states must still ratify the amendment for it to become part of the Constitution.
This is where the process of "ratification by conventions in three-quarters of states" comes into play. After an amendment is proposed, either by Congress or through a constitutional convention, it is submitted to the states for their consideration. Each state's governor receives a letter of notification along with informational material. The states then have the choice to ratify the amendment through their state legislatures or by calling for a convention.
To achieve "ratification by conventions in three-quarters of states," three-quarters of the states (38 out of 50 states) must hold conventions and vote to ratify the proposed amendment. This process bypasses the state legislatures and allows for direct participation of the people in amending the Constitution. It is worth noting that, historically, every amendment except for the Twenty-First Amendment has been ratified by state legislatures.
The "ratification by conventions" method provides a different pathway for states to have their voices heard and play a direct role in shaping the Constitution. While it has been rarely used, it remains a valid option for states to consider when presented with a proposed amendment.
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President's role in the amendment process
The President of the United States does not have a constitutional role in the amendment process. The joint resolution proposing an amendment 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.
However, there have been instances of presidents playing an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery. President Jimmy Carter also signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Therefore, while the President does not have a formal constitutional role in proposing or adopting amendments, they may occasionally play an informal role in the amendment process.
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