Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the Constitution. The process involves two steps: proposing an amendment and getting it ratified. An amendment can be proposed by 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 by either three-quarters of state legislatures or by ratifying conventions in three-quarters of states. The Congress decides which method of ratification is used. The Archivist of the United States is responsible for administering the ratification process and certifying that an amendment is valid and has become part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment? | 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 |
| Who decides the mode of ratification? | Congress |
| What is the mode of ratification? | Ratification by three-fourths of the state legislatures, or by conventions in three-fourths of the states |
| Who certifies an amendment? | The Archivist of the United States |
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What You'll Learn
Two-thirds majority in the House of Representatives and the Senate
The process of amending the US Constitution is outlined in Article V of the US Constitution. The process requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the first method by which amendments can be proposed, and it has been the only method used thus far.
This process requires a two-thirds majority of the members present in each house, assuming a quorum is met. This means that the vote is based on two-thirds of members present, not two-thirds of the entire membership, including those absent.
The second method for proposing amendments has never been used. It involves a constitutional convention called for by two-thirds of state legislatures.
Once an amendment has been proposed, it must be ratified. Ratification can occur in two ways, as determined by Congress. The first method requires three-fourths of state legislatures to ratify the amendment. The second method, used only once in history for the 1933 ratification of the Twenty-First Amendment, involves three-fourths of state ratifying conventions approving the amendment.
The process of amending the Constitution is deliberately stringent to ensure that amendments are supported by a broad consensus. This prevents provisions that are strongly opposed by a substantial minority from being enacted, which could undermine the nation's allegiance to the Constitution.
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Two-thirds of state legislatures request a convention
The process of amending the United States Constitution is outlined in Article V of the Constitution. It requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. This process has never been used for any of the 27 amendments to the Constitution.
The process begins with a proposal for an amendment, which can be initiated by Congress or by two-thirds of the state legislatures. If two-thirds of the state legislatures request a convention, Congress must call for one. This convention will propose amendments, which will then be sent to the states for ratification.
At this point, Congress determines the method of ratification. An amendment must be ratified by three-fourths of the states, either through their legislatures or through ratifying conventions. This means that 38 out of 50 states must approve the amendment for it to become part of the Constitution.
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 duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once an amendment is ratified, the Director drafts a formal proclamation for the Archivist to certify its validity.
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 their signature or approval. Additionally, the Supreme Court affirmed in United States v. Sprague (1931) that Congress has the authority to decide the mode of ratification for each individual amendment.
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Three-quarters of state legislatures ratify
Article V of the United States Constitution outlines the procedure for amending the Constitution. The process consists of two parts: proposing an amendment, and ratification.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a convention for proposing amendments can be called by Congress at the request of two-thirds of state legislatures.
Once an amendment has been proposed, it must be ratified by three-quarters of state legislatures, i.e., 38 out of 50 states, to become part of the Constitution. This is the first method of ratification. The second method involves Congress requiring three-quarters of state ratifying conventions to approve the proposed amendment. Congress decides which method of ratification will be used for each amendment.
When a state ratifies a proposed amendment, it 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 has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines the 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. Once the Director 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.
The ratification process is designed to require amendments to be supported by a consensus. This prevents constitutional provisions that are strongly opposed by a substantial minority from being enacted, thus maintaining the nation's allegiance to the Constitution.
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Three-quarters of states ratify via convention
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process consists of two parts: proposing an amendment and ratifying it. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures.
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 state legislatures or ratifying conventions, with Congress determining the mode of ratification.
The process of amending the Constitution is deliberately rigorous to ensure that any changes have the support of a broad consensus. This prevents amendments that are strongly opposed by a substantial minority from being enacted, preserving national allegiance to the Constitution.
While Article V provides a potential avenue for states to bypass Congress in proposing amendments, this method has never been utilised. The ratification process is also flexible, as demonstrated by the 1933 ratification of the Twenty-First Amendment, where three-quarters of the states ratified through conventions, the only time this method has been used.
The authority to amend the Constitution ultimately rests with Congress, which can choose the mode of ratification and set or extend deadlines. The Supreme Court affirmed this power in United States v. Sprague (1931), upholding Congress's ability to decide the ratification method for each amendment.
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The President's role in the amendment process
The US Constitution does not outline a role for the President in the amendment process. The Supreme Court has also articulated the Judicial Branch's understanding that the President has no formal constitutional role in amending the Constitution.
Despite this, there are examples of Presidents playing an informal, ministerial role in the process. For instance, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery. Similarly, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. However, the President's signature is not necessary for the proposal or ratification of an amendment.
The authority to amend the Constitution is derived from Article V of the Constitution. After Congress proposes an amendment, 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 ministerial duties associated with this function to the Director of the Federal Register.
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Frequently asked questions
The first step in amending the US Constitution is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
The second step is for the Archivist of the United States to administer the ratification process.
The third step is for three-fourths of the States (38 out of 50) to ratify the proposed amendment.
The final step is for the Archivist to certify that the amendment is valid and has become part of the Constitution.
