Jonah Patel
The United States Constitution is designed to be a flexible document that can be amended to meet the changing needs of the country and its people. Article V of the Constitution outlines the process for amending the document, which involves proposing and ratifying amendments. 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. Once an amendment is proposed, it must be ratified by three-quarters of the states, either through their legislatures or by conventions, as specified by Congress. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The first twelve amendments, including the Bill of Rights, were added to the Constitution by 1804, with subsequent waves of amendments following the Civil War and in the early 20th century. The process of amending the Constitution ensures that any changes have broad support and are responsive to the evolving needs of the nation.
| Characteristics | Values |
|---|---|
| Number of amendments | 27 |
| First 12 amendments | By 1804 |
| Amendments after Civil War | 3 |
| Amendments from 1913-1920 | 4 |
| First state to ratify the Constitution | Delaware |
| Date of Delaware's ratification | December 7, 1787 |
| Number of states needed to ratify the Constitution | 9 |
| Date of ratification by the ninth state | June 21, 1788 |
| Date when the Constitution was ratified by all states | May 29, 1790 |
| Date the Bill of Rights was ratified | December 15, 1791 |
| Minimum number of states needed to ratify an amendment | 38 |
| Minimum percentage of states needed to ratify an amendment | 75% |
| Minimum percentage of Congress votes needed to propose an amendment | 66.67% |
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What You'll Learn
The Bill of Rights
The United States Bill of Rights, comprising the first ten amendments to the US Constitution, was proposed following the 1787–88 debate over the ratification of the Constitution. It was written by James Madison, then a member of the US House of Representatives, to address the objections raised by Anti-Federalists and to limit government power and protect individual liberties.
Initially, Madison opposed the idea of creating a bill of rights, arguing that the government could only exert the powers specified by the Constitution and that any powers not listed resided with the states or the people. However, he eventually agreed to consider adding amendments when ratification was in danger in Massachusetts, a key state. Madison introduced a list of 17 amendments to the Constitution on June 8, 1789, of which the House approved 17 and the Senate approved 12, which were sent to the states for approval in August 1789.
The 12 amendments proposed by Madison included a provision to extend the protection of some of the Bill of Rights to the states, and the Ninth Amendment, which states that just because a right is not listed in the Bill of Rights does not mean that it does not exist. The amendments also included specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights.
On December 15, 1791, three-fourths of the state legislatures had ratified 10 of the 12 amendments, which became the Bill of Rights. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Bill of Rights was not ratified to become part of the Constitution until the end of 1791, and the Constitution was not ratified by all states until May 29, 1790, when Rhode Island finally approved the document.
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The Massachusetts Compromise
The process of amending the US Constitution is outlined in 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. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The authority to administer the ratification process lies with the Archivist of the United States, who delegates many duties to the Director of the Federal Register.
When the process of ratifying the Constitution encountered serious opposition in Massachusetts, two noted Anti-Federalists, John Hancock and Samuel Adams, stepped in to negotiate a compromise. The Anti-Federalists agreed to support ratification on the understanding that they would propose amendments to the document once it went into effect. The Federalists agreed to support the proposed amendments, specifically a bill of rights.
Following this compromise, Massachusetts voted to ratify the Constitution on February 6, 1788. Four other states followed suit, modelling their ratification after Massachusetts by recommending amendments along with their approval of the Constitution. The Massachusetts Compromise led to the adoption of the first ten amendments, known as the Bill of Rights, which were ratified on December 15, 1791.
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The role of Congress
Congress can also choose between two methods of ratification. The first method, which has been used for every amendment so far, requires ratification by three-quarters of state legislatures. This method emphasises the role of state governments in national decision-making. The second method, used only once for the Twenty-First Amendment, involves ratification by three-quarters of state ratifying conventions. This method is chosen by Congress when a more direct form of democratic participation is deemed necessary.
Congress also plays a role in the implementation of ratified amendments. After the ratification of the Constitution, Congress set dates for the first federal elections and the official implementation of the Constitution. Congress also has the power to determine the method of ratification for proposed amendments, specifying whether state legislatures or conventions will be used.
The process of amending the Constitution is designed to ensure broad support for any changes. The requirement for a two-thirds majority in Congress and ratification by three-quarters of states means that a small minority of the country can prevent an amendment from being added. This highlights the necessity of bipartisan backing and ensures that amendments have widespread agreement.
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State legislature ratification
The process of amending the US Constitution is outlined in Article V of the Constitution. The Article provides two methods for proposing amendments: through Congress or a constitutional convention.
Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then sent to the states for ratification. For an amendment to become part of the Constitution, three-quarters of the state legislatures, or 38 out of 50 states, must ratify it. This process has been used for every amendment to the Constitution so far.
The second method, which has never been used, involves two-thirds of state legislatures requesting Congress to call a constitutional convention for proposing amendments. The amendments proposed in the convention must then be ratified by three-quarters of the states through a vote of either the state legislature or a state convention.
The ratification method in a state legislature is procedurally simple. A resolution, memorial, or proclamation of ratification is proposed and voted on in each chamber of the state legislature. However, the convention method of ratification is more complicated as it is separate from the state legislature. In the past, some state legislatures have not waited for official notice before taking action on a proposed amendment.
The process of amending the Constitution has been used to address various issues, such as outlawing slavery (13th Amendment), protecting equal civil rights (14th Amendment), and forbidding racial discrimination in voting (15th Amendment). The most recent amendment, the 27th Amendment, was passed by Congress in 1789 but only added to the Constitution in 1992 after sufficient state ratifications.
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The President's role
The US Constitution does not outline a specific role for the President in the process of amending the Constitution. In fact, the Supreme Court has articulated the view that the President has no formal constitutional role in the process.
However, some Presidents have played an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after they were approved by Congress. President Abraham Lincoln also signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not required. In recent history, the signing of the certification of ratification has become a ceremonial function attended by various dignitaries, including the President. For example, President Lyndon Johnson signed the certifications for the Twenty-fourth and Twenty-fifth Amendments as a witness.
Additionally, in the 20th century, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, even though the Supreme Court had ruled that the submission of a constitutional amendment did not require the President's action.
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Frequently asked questions
Ratifying amendments to the Constitution allows it to remain relevant and responsive to the changing needs of the country.
There are two methods for ratifying amendments. The first and most used method requires legislative approval of three-fourths of the states (38 out of 50). The second method, which has only been used once, involves ratification by conventions in three-fourths of the states.
The process of proposing an amendment begins in Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. After gaining congressional approval, the amendment is sent to the states for ratification. Once ratified by three-fourths of the states, the amendment becomes part of the Constitution.
