Jonah Patel
The United States Constitution outlines two methods for ratifying constitutional amendments in Article V. The first method, which has been used for every amendment thus far, involves Congress proposing an amendment with a two-thirds majority vote in both the Senate and House of Representatives. The amendment is then sent to the states for ratification, requiring approval from three-fourths of the state legislatures. Alternatively, Article V provides an unused method where Congress, upon the request of two-thirds of state legislatures, calls a constitutional convention to propose amendments. These amendments are then ratified by three-fourths of the states through their legislatures or state conventions. While Congress determines the mode of ratification, the involvement of state legislatures or conventions empowers states and ensures a democratic process where local voices shape national laws.
| Characteristics | Values |
|---|---|
| Number of ways | 2 |
| First way | Congress proposes an amendment to the states, which must be ratified by three-fourths of the states |
| Second way | A constitutional convention is called upon by two-thirds of the state legislatures, and the proposed amendment is ratified by three-fourths of the states |
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What You'll Learn
Congress proposes an amendment to the states
Article V of the US Constitution outlines the two methods of ratifying amendments. The first method, which has been used for every amendment so far, is for Congress to propose an amendment to the states. For Congress to propose an amendment, two-thirds of each House of Congress must vote for it. The amendment is then sent to the states for ratification.
Once an amendment has been proposed by Congress, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows procedures and customs established by the Secretary of State.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Director of the Federal Register 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.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Three-quarters of states must ratify the amendment
Article V of the US Constitution outlines two methods of amending the document. The first method, which has been used for every amendment so far, involves Congress proposing an amendment, which must be passed by a two-thirds majority vote in both the Senate and the House of Representatives. It is then sent to the states for ratification, requiring a three-quarters majority of state legislatures to approve the amendment.
This process empowers states to have a direct say in the foundational legal document that governs them. It ensures that any changes to the Constitution have widespread support across the country. It also helps to balance change with stability and encourages thoughtful and deliberate consideration of amendments by a substantial majority.
The second method, which has never been used, involves a constitutional convention called upon by two-thirds of state legislatures. This convention can propose amendments, regardless of whether Congress approves of them or not. These proposed amendments are then sent to the states for ratification, again requiring approval by three-quarters of the states, either through their legislatures or through state conventions.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the Director maintains custody of them until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. In recent years, this certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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Congress decides the mode of ratification
Congress plays a crucial role in the process of amending the Constitution, as outlined in Article V. This article grants Congress the authority to propose amendments and determine the mode of ratification. To propose an amendment, Congress requires a two-thirds majority vote in both the Senate and the House of Representatives.
Once an amendment is proposed by Congress, it is sent to the states for ratification. Here, Congress has the power to choose between two methods of ratification: state legislature ratification or ratification through state conventions. State legislature ratification involves gaining approval from the legislatures of three-fourths of the states, making it the most common method. This process ensures that any changes to the Constitution are widely supported across the country and empowers states to have a direct say in the amendments.
On the other hand, ratification through state conventions is the less frequently used method. In this process, each state holds a convention specifically to consider the proposed amendment, and three-fourths of the states must approve for the amendment to be ratified. While Congress has the authority to call for this method, it has rarely done so, with the Twenty-first Amendment being the only exception.
The choice between these two methods of ratification lies with Congress, allowing them to decide the most appropriate path for a given amendment. It is worth noting that the ratification process does not involve a vote by the electorate, and Congress also has the power to set a reasonable time frame for ratification, as reaffirmed by the Supreme Court in 1939.
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State legislature ratification
Article V of the United States Constitution outlines the process by which it can be amended. It describes two methods of ratification, with the mode of ratification determined by Congress.
The traditional constitutional amendment process involves Congress proposing an amendment, which must then be passed by a two-thirds majority vote in both the Senate and the House of Representatives. It is then sent to the states for ratification by a vote of the state legislatures.
Congress can also choose to call a constitutional convention for proposing amendments if requested by two-thirds of the state legislatures. This method has never been utilized. The proposed amendment would then need to be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
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Ratification by convention
Article V of the United States Constitution outlines two methods of proposing and ratifying amendments. The first method, which has been used for every amendment so far, involves Congress proposing an amendment that is then sent to the states for ratification. For Congress to propose an amendment, two-thirds of both the House of Representatives and the Senate must vote in favour. Following this, three-quarters of state legislatures, or three-fourths of states, must ratify the amendment for it to become part of the Constitution.
The second method, which has never been used, is known as "ratification by convention" and involves a constitutional convention called upon by two-thirds of state legislatures. This convention can propose amendments regardless of congressional approval, and these proposed amendments are then sent to the states for ratification. As with amendments proposed by Congress, three-quarters of the states must ratify the amendment through state conventions for it to become part of the Constitution.
The process of "ratification by convention" empowers states by providing them with a direct role in shaping national laws. It ensures that local voices and perspectives from different regions are considered, promoting balanced and representative governance. Each state holds a convention specifically to consider and vote on the proposed amendment, allowing for thoughtful and deliberate deliberation.
The "ratification by convention" method offers a potential pathway for the states to bypass Congress in the amendment process. It serves as a mechanism for states to pressure Congress into proposing desired amendments by signalling bipartisan support. While it has yet to be utilised, it stands as an alternative route for proposing and ratifying amendments to the Constitution.
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Frequently asked questions
According to Article V of the US Constitution, there are two ways to ratify a constitutional amendment. The first and most common method is for legislatures of three-fourths of the states to ratify an amendment. The second method, which has never been used, is for a constitutional convention to be called upon by two-thirds of the state legislatures, followed by ratification by conventions in three-fourths of the states.
For the first method of ratification, two-thirds of both Houses of Congress must propose and vote for an amendment. Following this, three-quarters of the states must ratify the amendment for it to be added to the Constitution.
For the second method, two-thirds of state legislatures must request Congress to call a constitutional convention for proposing amendments. Then, three-quarters of the states must ratify the amendment through a vote of either the state legislature or a state convention.
Once an amendment is ratified, the state sends the Archivist of the United States an original or certified copy of the state action. The Director of the Federal Register examines the ratification documents and maintains custody of them until the amendment is adopted or fails. Once three-fourths of the states have ratified the amendment, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Article V does not mention any time limit for ratification. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments. The timeliness of ratification is considered a "political question" by the Supreme Court, which has affirmed Congress's power to set a reasonable time period for ratification.
