Eleanor Finch
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment is proposed by Congress in the form of a joint resolution, bypassing the President. For an amendment to be added to the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). While the US Constitution has been amended 27 times, state constitutions are amended more frequently, with around 7,000 amendments across the 50 states.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of amendments proposed by Congress and sent to the states for ratification | 33 |
| Number of proposed amendments that have not been ratified by the required number of states | 6 |
| Number of proposed amendments that are still pending | 4 |
| Number of proposed amendments that are closed | 2 |
| Number of times state constitutions have been amended | ~7,000 |
| Number of states that amend their constitutions more than three to four times per year, on average | 5 (Alabama, Louisiana, South Carolina, Texas, and California) |
| Number of states that amend their constitutions once every three to four years on average | 5 (Tennessee, Kentucky, Indiana, Illinois, and Vermont) |
| Minimum legislative support required to craft amendments | Majority of legislators |
| Number of states that require a majority vote in a single session for legislative approval of amendments | 10 |
| Number of states that require a supermajority legislative vote in a single session for legislative approval of amendments | 25 |
| Number of states that require a three-fifths vote for legislative approval of amendments | 9 |
| Number of states that require a two-thirds vote for legislative approval of amendments | 16 |
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What You'll Learn
- Congress proposes an amendment in the form of a joint resolution
- The Archivist of the United States administers the ratification process
- State legislatures or conventions propose amendments
- A proposed amendment becomes part of the Constitution when ratified by 3/4 states
- Congress can set a ratification deadline for proposed amendments
Congress proposes an amendment in the form of a joint resolution
The process of amending the US Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which, notably, does not require the signature or approval of the President.
Once the joint resolution has been passed, it is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in this process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.
The proposed amendment is then submitted to the states for their consideration. The Archivist of the United States, who heads the NARA, sends a letter of notification to each state governor, along with the informational material prepared by the OFR. At this point, the governors formally submit the amendment to their state legislatures or call for a convention, depending on the specifications provided by Congress.
For an amendment to become an official part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When a state ratifies a proposed 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 OFR examines these documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notification that the amendment process is complete.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of the US Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), assumes this duty after Congress proposes an amendment. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by NARA's Office of the Federal Register (OFR). The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The OFR 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 until an amendment is adopted or fails.
When the OFR receives 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. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
The current Archivist of the United States, Colleen Joy Shogan, is responsible for upholding the integrity of the constitutional amendment process and ensuring that any changes to the Constitution are carried out in accordance with the law. For example, in 2024, Shogan and Deputy Archivist William J. Bosanko released a statement regarding the Equal Rights Amendment ratification process, stating that the amendment could not be certified as part of the Constitution due to legal, judicial, and procedural decisions.
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State legislatures or conventions propose amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. One of the two methods for proposing amendments involves state legislatures or conventions. This method, known as an Article V Convention, has never been used, but it requires the application of two-thirds of state legislatures (34 out of 50).
When Congress receives applications from two-thirds of state legislatures, it must call a convention for proposing amendments. This convention is separate from the federal government and is specifically for proposing amendments. The proposed amendments from the convention do not become law or part of the Constitution until they are ratified by three-fourths of the states (38 out of 50).
Historically, state legislatures have had varying levels of involvement in the amendment process. Before the current Constitution was established, the Articles of Confederation required that amendments be proposed by Congress and then ratified by a unanimous vote of all thirteen state legislatures. This made the process of constitutional reform extremely challenging.
The Founding Fathers, particularly James Madison, recognized the need to balance flexibility and stability in the amendment process. They wanted to ensure that the Constitution could be amended when necessary, but also wanted to prevent hasty or impulsive changes.
In modern times, states have continued to play a role in proposing amendments through the Article V Convention process, even though it has never been formally triggered. States have made numerous applications for such conventions, and Congress has sometimes proposed amendments in response to the threat of an Article V Convention, as a way to maintain control over the process.
Additionally, some states have unique processes for proposing amendments to their own constitutions. For example, Florida has commissions that are authorized to propose amendments to the Florida Constitution, and New Mexico has a process where a commission can develop and submit proposals to the state legislature.
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A proposed amendment becomes part of the Constitution when ratified by 3/4 states
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this process by preparing informational material and submitting the proposed amendment to the states for their consideration.
Once the proposed amendment reaches the states, the process can vary. Some states may opt for their governors to formally submit the amendment to their state legislatures, while others may call for a convention. The state legislatures or conventions then deliberate and decide whether to ratify the amendment.
For an amendment to become part of the Constitution, it must be ratified by three-fourths (38 out of 50) of the states. This requirement underscores the importance of achieving broad consensus across the country for any changes to the nation's founding document. The ratification process is not without its challenges, as some states have more frequent amendments than others, and achieving a consensus can be difficult.
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 maintains custody of these documents. The OFR examines the ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received by the OFR, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process has been successfully completed.
Throughout US history, there have been 27 successful amendments to the Constitution, with approximately 11,848 proposals introduced in Congress since 1789. The process of amending the Constitution is deliberately challenging, ensuring that any changes reflect the will of the people and endure the test of time.
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Congress can set a ratification deadline for proposed amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution, which is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
The process of amending the Constitution involves Congress proposing amendments, which are then ratified by the states. The first method of ratification requires three-fourths of the state legislatures to ratify a proposed amendment. This method has been used for 26 out of the 27 successful amendments. However, there are questions surrounding this process, including whether Congress can set a deadline for ratification.
The text of Article V does not explicitly address whether Congress can set a ratification deadline. However, in Dillon v. Gloss, the Supreme Court held that the Constitution implicitly authorizes Congress to "fix a definite period" for ratification. The Court determined that Congress's power to determine the mode of ratification implies the authority to specify a deadline. Additionally, a definite period for ratification provides clarity for states on the timeframe for their decision-making process.
In practice, Congress has included a seven-year deadline for the ratification of every proposed amendment since the Eighteenth Amendment, except for the Nineteenth Amendment recognizing women's suffrage. This was achieved by including language stating that the amendment would be inoperative unless ratified within seven years. However, some commentators disagree with this interpretation, arguing that the Constitution does not grant Congress the power to set deadlines.
The process of amending the Constitution is a complex and nuanced procedure, and the authority of Congress to set ratification deadlines remains a subject of debate among legal scholars and commentators.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with the first 10 amendments being ratified simultaneously on December 15, 1791, and known as the Bill of Rights.
The US Constitution derives its authority to be amended from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. Once the informational package is assembled, the Archivist of the United States submits the proposed amendment to the states for their consideration. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).
States vary in how frequently they amend their constitutions. For instance, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years, on average.
States offer multiple paths for proposing amendments to their constitutions. State legislatures generate more than 80% of constitutional amendments considered and approved annually. Some states require amendments to secure the backing of a majority of legislators, while others mandate supermajority legislative support. Additionally, 14 states mandate that referendums on calling a convention appear on the ballot automatically at intervals ranging from 10 to 20 years.
