Malcolm Rivera
The amendment process in the United States is outlined in Article V of the Constitution and consists of two primary steps: proposal and ratification. There are four methods for amending the Constitution, which include proposing an amendment via a two-thirds vote in both houses of Congress or through a convention called by two-thirds of state legislatures. The process is deliberately difficult and time-consuming, with the Constitution only being amended 27 times since it was drafted in 1787.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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) |
| Amendment submission | Submitted to the States for their consideration by the Archivist of the United States |
| Amendment process | Very difficult and time-consuming |
| Number of amendments | 27 |
| First 10 amendments | Adopted in 1791 as the Bill of Rights |
| Amendment frequency | Amendments are rare; the Constitution has been amended only 27 times since 1787 |
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What You'll Learn
The authority to amend
Amendments may be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval.
The Archivist of the United States is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist officially notifies the states by a registered letter to each state's Governor that an amendment has been proposed. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
An amendment becomes an operative part of the Constitution when it is ratified by the necessary number of states, rather than on the later date when its ratification is certified. To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union.
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Proposing an amendment
The process of proposing an amendment to the United States Constitution is outlined in Article V of the Constitution. This process has been described as "very difficult and time-consuming". The Constitution has been amended only 27 times since it was drafted in 1787, indicating the difficulty of the process.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the first method and has been used for all 33 amendments submitted to the states for ratification. Congress proposes an amendment in the form of a joint resolution, which does not require presidential approval before it is sent to the states. The President, therefore, does not have a constitutional role in the amendment process.
The second method for proposing an amendment is through a constitutional convention called for by two-thirds of state legislatures. This method has never been used, and the rules governing the process are unclear. However, supporters of conventions have attempted to get state legislatures to pass resolutions proposing the desired amendment in identical language to reassure Congress and the public that any convention called would deal with only one subject.
The third and fourth methods for proposing amendments are similar to the first two but have also never been invoked as the necessary number of states has never been reached. These methods involve Congress calling a convention to propose amendments, which is then ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states.
Overall, the amendment process is a blend of legal procedure and political negotiation, influenced by the evolving landscape of American governance. The process is predominantly legislative, with Congress holding significant control over the rules governing amendments.
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Ratification
The process of amending the United States Constitution is outlined in Article V of the Constitution and consists of two primary steps: proposal and ratification.
The process of ratification begins when the Archivist of the United States submits the proposed amendment to the states for their consideration. The Archivist notifies each state's Governor by registered letter, and the Governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
In the past, some state legislatures have not waited for official notification before taking action on a proposed amendment. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register. The Office of the Federal Register (OFR) 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
It is important to note that the President does not have a constitutional role in the amendment process, and constitutional amendments do not require presidential approval. The ratification process is predominantly legislative, with Congress holding significant control over the rules governing amendments. However, the Supreme Court has also played a role in making rulings related to the amendment procedure, including ratification.
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The role of Congress
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution consists of two primary steps: proposal and ratification. There are four methods for amending the Constitution, which include proposing an amendment via a two-thirds vote in both houses of Congress or through a convention called by two-thirds of state legislatures.
Congress plays a significant role in the amendment process. Firstly, Congress can propose amendments to the Constitution by passing a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. This is the most common method used to propose amendments, with all 33 amendments submitted to the states for ratification originating in Congress. It is important to note that the President does not have a constitutional role in this process, and the joint resolution does not require presidential approval before being sent to the states.
Once an amendment is proposed by Congress, it is submitted to the states for their consideration. The Archivist of the United States, in conjunction with the Director of the Federal Register, plays a role in administering the ratification process. They notify each state's Governor of the proposed amendment, who then formally submits it to their state legislature or calls for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by either the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. This decision is made by Congress. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
Congress has some influence over the rules governing amendments, and on a few occasions, it has adopted resolutions declaring the amendment process successfully completed, although this is not constitutionally necessary. Overall, the amendment process is designed to be difficult, reflecting a blend of legal procedure and political negotiation.
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The President's involvement
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not require the President's signature or approval before it goes out to the states. Article V of the Constitution does not require presidential approval for constitutional amendments approved by Congress or by a federal convention. Thus, the President has no official function in the process.
In Hollingsworth v. Virginia (1798), the Supreme Court affirmed that it is not necessary to place constitutional amendments before the President for approval or veto. Justice Samuel Chase indicated in the case that the President played no role in the proposal or ratification of constitutional amendments.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The amendment process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states.
The process has two steps: proposal and ratification. There are four methods for amending the Constitution, which include proposing an amendment via a two-thirds vote in both houses of Congress or through a convention called by two-thirds of state legislatures. For ratification, the amendment can be approved by the legislatures of three-fourths of the states or by conventions in three-fourths of the states.
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Frequently asked questions
The amendment process is the procedure for altering the US Constitution. It consists of two primary steps: proposal and ratification.
Amendments can be proposed in two ways: 1) via a two-thirds vote in both houses of Congress, or 2) through a convention called by two-thirds of state legislatures.
For ratification, the amendment can be approved by the legislatures of three-fourths of the states or by conventions in three-fourths of the states.
Once an amendment is ratified, it becomes an operative part of the Constitution. No further action by Congress or anyone else is required.
The President has no official function in the process. Neither their signature nor their approval is required for a constitutional amendment approved by Congress or by a federal convention.
