Jonah Patel
The United States Constitution has a total of 27 amendments, with the first 10 being ratified on December 15, 1791, and known as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution, which allows for amendments to be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. After an amendment is ratified by three-fourths of the States, the Archivist of the United States 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 is complete.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| By a constitutional convention called for by two-thirds of the State legislatures | |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Amendment certification | Signed by the President or the Archivist |
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What You'll Learn
The authority to amend the Constitution
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States.
An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR verifies that it has received the required number of authenticated ratification documents, then 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 and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Nixon witnessed the certification of the 26th Amendment, which lowered the voting age to 18 years, along with three young scholars.
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The amendment proposal process
The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution has been amended 27 times since it was drafted in 1787, and the process is intentionally challenging. The idea behind an amendment must be one of significant impact, affecting all Americans or securing the rights of citizens.
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 President does not have a constitutional role in the amendment process. The amendment is proposed in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is then assembled for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR verifies that it has received the required number of authenticated ratification documents, and then 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 and serves as official notice to the Congress and the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
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Ratification process
The authority to amend the U.S. Constitution is derived from Article V of the Constitution. 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 President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory pro. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
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 and serves as official notice to Congress and the Nation that the amendment process has been completed. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Nixon witnessed the certification of the 26th Amendment, which was passed by Congress and ratified on July 1, 1971. This amendment modified the 14th Amendment and granted 18-year-olds the right to vote.
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The Archivist's role
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of amendments to the Constitution. The Archivist works closely with the Director of the Federal Register, to whom many of the ministerial duties associated with this function have been delegated.
Once the OFR verifies the necessary ratification documents, the Archivist certifies that the amendment is valid and has become an official part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as an official notice to Congress and the Nation that the amendment process is complete.
In recent history, the signing of the certification has taken on a ceremonial aspect, with various dignitaries, including the President, witnessing the event. The Archivist performed the duties of the certifying official for the first time for the ratification of the 27th Amendment, with the Director of the Federal Register signing the certification as a witness.
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Historical context of amendments
The process of amending the US Constitution was outlined by its framers in Article V of the Constitution. This process involves two steps: 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 constitutional convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by legislatures or conventions in three-fourths of the states (38 of 50 states).
Since the Constitution was ratified in 1789, there have been 27 amendments, with 33 passed by Congress and sent to the states for ratification. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 11th Amendment, adopted in 1795, established the legal doctrine of "sovereign immunity", which protects government entities or officers from being sued over the performance of their duties. The 12th Amendment, adopted in 1804, revised the procedures for using the Electoral College to elect the President and Vice-President.
The 13th Amendment, ratified in 1865, was the first of three "Reconstruction Amendments" adopted after the Civil War. It solidified the legal status of freed slaves as free men and women. The 14th Amendment, meanwhile, repealed the three-fifths clause of the original Constitution, which held that each enslaved person counted for three-fifths of a person. It also gave Congress the authority to create laws to enforce the amendment's provisions, strengthening the power of the federal government in relation to the states.
The 15th Amendment outlawed voting discrimination on the basis of race, while the 16th Amendment, ratified in 1913, established the federal income tax. The 17th Amendment, ratified in 1913, altered the structure of Congress by removing the power of state legislatures to choose US senators and giving it directly to the voters of each state. This change was fuelled by a view of the Senate as an out-of-touch, elitist group subject to corruption.
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Frequently asked questions
New amendments to the US Constitution are written down in the Federal Register and U.S. Statutes at Large.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
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 original document is then forwarded to NARA's Office of the Federal Register (OFR) for processing and publication.
An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
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