Jonah Patel
The process of amending the US Constitution is a complex one, and it has only been amended 27 times. Article V outlines the process, which involves Congress proposing an amendment, which is then sent to the states for ratification. This can be done either through the state legislature or a convention, and three-quarters of the states must ratify for the amendment to become part of the Constitution. While Congress can set a deadline for ratification, there is no specified time limit in Article V. States have multiple paths to amend their own constitutions, which are much easier to modify than the federal Constitution.
| Characteristics | Values |
|---|---|
| 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 can ratify an amendment? | Three-quarters of the states (38 of 50 states) or three-fourths of the state legislatures. |
| Who certifies an amendment? | The Archivist, with the Director of the Federal Register as a witness. |
| Who verifies ratification documents? | The OFR (Office of the Federal Register) |
| What is the deadline for ratification? | Congress has recently specified a deadline of seven years for the ratification of every proposed amendment. |
| What happens if a state rejects an amendment? | In a few instances, states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. |
| What is the process for citizen-initiated amendments? | Citizen-initiated amendments must meet signature requirements and other legal requirements before being placed on the ballot. Once on the ballot, they must be ratified by a simple majority of voters in most states and by a supermajority in several states. |
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What You'll Learn
Congress proposes an amendment to the states
The process of amending the US Constitution is a complex one, and it has only been amended 27 times. The first step in this process is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the method that has been used for every amendment so far. Once an amendment is proposed, it is sent to the states for ratification.
The process of ratification can occur in one of two ways, as outlined in Article V of the Constitution. The first method, which has been used for 26 out of 27 amendments, involves sending the proposed amendment to the state legislatures for approval. The second method, which has only been used once for the Twenty-First Amendment, involves calling for a convention in each state to decide on ratification. In both cases, three-quarters of the states must ratify the amendment for it to become part of the Constitution.
While the Constitution does not specify a deadline for ratification, Congress has historically set a seven-year time limit for all amendments except the Nineteenth Amendment. The Supreme Court has upheld Congress's ability to set a deadline, as it ensures that states understand the timeframe for ratification. However, there is no limit to how long an amendment can remain pending before the states if Congress does not specify a deadline. For example, the Twenty-Seventh Amendment took over 200 years to be ratified and become part of the Constitution.
The process of amending state constitutions varies and is generally much easier than amending the federal Constitution. State amendments can be proposed by the state legislature or through a citizen-initiated process, depending on the state. Some states require amendments to be approved by a majority of voters in an election, while others require approval by a simple or supermajority of voters.
Amending the Constitution: When and How?
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State legislatures or state conventions
The process of amending the US Constitution is outlined in Article V, which offers two methods for proposing amendments: through Congress or a constitutional convention. Once an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. While Congress typically proposes amendments, Article V provides a mechanism for states to bypass Congress and initiate the amendment process directly. This involves two-thirds of state legislatures (33 out of 50) applying to Congress to call a constitutional convention for proposing amendments. Importantly, no amendment has ever been proposed through a constitutional convention.
State legislatures play a crucial role in the amendment process, as they are responsible for ratifying proposed amendments. Congress can choose between two methods of ratification: ratification by state legislatures or state ratifying conventions. In practice, almost all amendments have been ratified by state legislatures, with the exception of the Twenty-First Amendment, which was ratified by state conventions. When an amendment is ratified by state legislatures, it requires the approval of three-fourths of the state legislatures, or 38 out of 50, to become part of the Constitution.
State conventions, on the other hand, are less commonly used for ratification. In this method, each state holds a convention, and three-fourths of the states, or 38 out of 50, must approve the amendment for it to be ratified. While less frequent, there have been instances where states have called for conventions to ratify amendments.
The process of ratifying an amendment can vary across states. Some states require amendments to be approved by a majority of voters in an election, while others allow for citizen-initiated amendments through processes like ballot initiatives. Additionally, states have the flexibility to decide whether to wait for official notice before taking action on a proposed amendment. Once a state ratifies an amendment, it submits an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register for examination and custody.
Amendment X: States' Rights and Powers Reserved to the People
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Ratification by three-quarters of states
The process of amending the US Constitution is a complex one, and it has only been amended 27 times. In contrast, state constitutions are amended regularly, with the current 50 state constitutions having been amended around 7,000 times.
Article V of the US Constitution outlines the process of amending it. One method, which has been used for all amendments so far, is that Congress proposes an amendment, and two-thirds of both Houses must vote for it. The amendment is then sent to the states for ratification, and three-quarters of the states (38 out of 50) must ratify it for it to become part of the Constitution. This process ensures that a small minority of the country cannot amend the Constitution unilaterally.
The process of ratification can occur through state legislatures or state ratifying conventions, as determined by Congress. State legislatures are the part of the state government that enacts laws for the state. State ratifying conventions, on the other hand, are called for the sole purpose of deciding whether to ratify an amendment. With one exception (the Twenty-First Amendment), every amendment has been ratified by state legislatures.
The process of amending the Constitution is not bound by any specific timeframe. The Twenty-Seventh Amendment, for example, took over 200 years to be ratified by three-quarters of the states. However, in recent times, Congress has set a seven-year deadline for ratification, after which the amendment lapses.
The process of proposing and ratifying amendments can also be initiated by the states themselves. Article V states that if two-thirds of the state legislatures apply, Congress shall call a convention for proposing amendments. These proposed amendments are then sent to the states for ratification, and three-quarters of the states must ratify them for them to become part of the Constitution.
In summary, the ratification of federal constitutional amendments by three-quarters of the states is a crucial step in the amendment process. It ensures that any changes to the Constitution reflect the will of a significant majority of the country. While Congress plays a central role in proposing amendments, the states ultimately decide whether to ratify them, giving them a powerful check against unilateral changes to the nation's founding document.
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Citizen-initiative processes
Seventeen states currently allow for an alternative method of enacting amendments: via citizen-initiative processes. Mississippi was among them until 2021 when the state's Supreme Court deemed the process unusable. This was due to a ruling in a case challenging the legitimacy of a recently enacted medical marijuana legalization amendment. The Mississippi initiative process will need to be revised to accurately reflect the number of congressional districts from which signatures must be collected to qualify.
To qualify for the ballot, citizen-initiated amendments must meet signature requirements and other legal mandates. The number of signatures required varies by state. Arizona and Oklahoma have the highest threshold, mandating signatures equal to 15% of votes in the previous gubernatorial election. In contrast, Massachusetts requires the fewest signatures, at 3%. About half of the states also have geographic distribution requirements for signature collection. For example, Colorado mandates signatures from 2% of registered voters in every state senate district.
Once an amendment qualifies for the ballot, the legislature typically cannot block it from appearing on the ballot. However, Massachusetts is an exception, requiring citizen-initiated amendments to secure support from a quarter of the legislature in two consecutive sessions before they can be placed on the ballot.
Amending the Constitution: A Deliberate Process
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Congress deadline for ratification
The process of amending the US Constitution is a complex one, and the Constitution does not specifically address whether Congress can place a deadline on the states' ratification of a proposed amendment. However, in the case of Dillon v. Gloss, the Supreme Court held that the Constitution implicitly authorises Congress to "fix a definite period" for ratification. This decision was based on Congress's specific power to determine the mode of ratification, which implies an incidental authority to specify a deadline. The Court also opined that the time period for ratification must be reasonable, regardless of whether Congress specifies a deadline.
Since the Dillon decision, Congress has included a deadline for the ratification of every proposed amendment, except for the Nineteenth Amendment recognising women's suffrage. The first amendment with a time limit was the Eighteenth Amendment (Prohibition), proposed in 1917, which had a seven-year deadline. The Twenty-Seventh Amendment, addressing congressional pay raises, became part of the Constitution in 1992, more than 202 years after it was proposed. This amendment was ratified after a long period of inactivity, demonstrating that an amendment remains pending before the states until the requisite number of states have ratified it, even in the absence of a congressionally proposed deadline.
The process of amending the Constitution typically begins with a proposal by Congress, which must be passed by a two-thirds majority vote in both the Senate and the House of Representatives. The proposal is then sent to the states for ratification, where it must be ratified by three-fourths of the states (currently 38 out of 50 states) to become part of the Constitution. While the Constitution does not specify the mode of ratification, it can be through state legislatures or state ratifying conventions. In some states, amendments must also be approved by a majority of voters.
While the Supreme Court has upheld Congress's authority to set a deadline for ratification, the specific time period must be reasonable. Additionally, the Department of Justice's Office of Legal Counsel (OLC) has advised that an amendment becomes part of the Constitution once the Archivist of the United States certifies that the requisite number of states have ratified it. The OLC has also stated that, in the absence of a congressionally proposed deadline, an amendment remains pending before the states, as states would not know whether they could still ratify it after a certain period.
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Frequently asked questions
The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification. Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution.
Yes, states have multiple paths for amending their constitutions, which is a much easier process than amending the federal Constitution. State constitutions are amended regularly, with varying frequencies depending on the state.
States can ratify amendments through their state legislatures or by calling conventions specifically for the purpose of deciding on ratification. So far, except for the Twenty-First Amendment, every amendment has been ratified by state legislatures.
Yes, Congress has the authority to specify a deadline for ratification. In recent times, Congress has set a deadline of seven years for the ratification of proposed amendments.
