Malcolm Rivera
The United States Constitution derives its authority to amend from Article V, which outlines two methods for doing so. The first method, which has been used for all 27 amendments, involves a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves 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 to become part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process, which includes examining ratification documents and issuing a formal proclamation once an amendment is certified.
| Characteristics | Values |
|---|---|
| Article of the Constitution that discusses formal amendments | Article V |
| Number of amendments ratified | 27 |
| Number of amendments proposed but not ratified | 6 |
| Number of amendments approved by Congress and sent to the states for ratification | 33 |
| Number of total measures to amend the Constitution proposed in Congress | More than 10,000 |
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What You'll Learn
Article V of the Constitution
Article V of the United States Constitution outlines the procedure for amending the Constitution. It empowers Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed through a constitutional convention called for by two-thirds of state legislatures. This convention method has never been used for any of the 27 amendments ratified thus far.
Once an amendment is proposed, it is the responsibility of the Archivist of the United States to administer the ratification process. The Archivist notifies the states' governors, who then submit the amendment to their respective state legislatures or ratifying conventions. An amendment becomes part of the Constitution when ratified by three-quarters of the state legislatures or conventions, at which point the Archivist certifies its validity. This certification is published in the Federal Register, marking the amendment process's completion.
Article V also includes provisions dating back to the early years of the Constitution. It stipulates that no amendment made before 1808 could affect certain clauses in the first article's ninth section, protecting states' equal suffrage in the Senate. Additionally, Article V has been the subject of scholarly debate, with some arguing it is the exclusive means of amendment, while others contend that other methods not outlined in Article V can be used.
Overall, Article V provides a framework for amending the nation's governing document, ensuring a deliberate and inclusive process that involves both Congress and the states. It has been used to propose and ratify 27 amendments, with six additional amendments proposed but not yet ratified by the required number of states.
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The role of Congress
The United States Constitution outlines the role of Congress and its power to propose and enact formal amendments. Article One, Section Eight of the Constitution, also known as the Necessary and Proper Clause, grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof." This includes the power to propose and enact amendments to the Constitution.
The process of proposing and enacting formal amendments is detailed in Article Five of the Constitution. It states that "either House of Congress may propose amendments," and that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." This ensures that any amendment proposed by Congress must consider the interests and representation of all states.
Once an amendment is proposed by Congress, it is sent to the states for ratification. The Constitution specifies that an amendment becomes valid as part of the Constitution when ratified by "the legislatures of three fourths of the several states." Currently, this number stands at 38 states, as there are 50 states in total. Each state legislature decides on its own ratification process, and the time frame for ratification is not limited by the Constitution.
Throughout history, Congress has played a crucial role in proposing and enacting significant amendments to the Constitution. For example, the Bill of Rights, which comprises the first ten amendments, was proposed by the First Congress and ratified by the states in 1791. These amendments guaranteed fundamental rights and liberties for American citizens, such as freedom of speech, religion, and the right to bear arms.
More recently, Congress has continued to introduce and approve amendments that address contemporary issues and societal changes. For instance, the Twenty-sixth Amendment, which lowered the voting age to 18 years old nationwide, was proposed by Congress and ratified by the states in 1971. This amendment ensured that young adults were granted the right to participate in the democratic process and have their voices heard through the electoral process.
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Ratification by state legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. Article V sets forth the procedures for amending the Constitution. It establishes two methods for proposing amendments:
- The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to this Constitution.
- On the application of the Legislatures of two-thirds of the several States, Congress shall call a Convention for proposing Amendments.
In both cases, the amendment is valid when ratified by the Legislatures of three-fourths of the States (38 out of 50 States), or by conventions in three-fourths of the States. Congress determines which method the States must follow for ratification.
The process of ratification by state legislatures involves the following steps:
- After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register.
- The Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is assembled for the States, including formal "red-line" copies of the joint resolution.
- The proposed amendment is submitted to the States for their consideration. The Governors formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
- When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register.
- The OFR examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
- Once an amendment is ratified by three-fourths of the States, the OFR 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 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 the ratification process is not described in detail in Article V of the Constitution.
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The role of the Archivist of the United States
The process of amending the US Constitution is outlined in Article V of the Constitution. The Archivist of the United States plays a crucial role in this process. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA), an independent federal agency established in 1934. The Archivist is responsible for supervising and directing NARA, which houses millions of records relating to the US government.
The Archivist of the United States is appointed by the President and confirmed by the Senate. The current Archivist, Dr. Colleen Shogan, is the 11th person to hold this position and the first woman to do so permanently. Shogan was nominated by President Joe Biden and assumed office in May 2023.
In the context of constitutional amendments, the Archivist is responsible for administering the ratification process. When a proposed amendment is ratified by three-quarters of the states (38 out of 50), 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 is complete. The Archivist also maintains custody of state ratifications of amendments and other important documents, such as Electoral College documents during presidential elections.
The Archivist has delegated some duties to the Director of the Federal Register, including the examination of ratification documents for legal sufficiency and the maintenance of custody of these documents until an amendment is adopted or fails. The Director then transfers the records to the National Archives for preservation.
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Amendments that haven't been ratified
The authority to amend the US Constitution is derived from Article V of the Constitution. An amendment may 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.
Since 1791, 18 amendments have been added to the Constitution, with the last amendment being the 27th Amendment, ratified in 1992. This amendment bars Congress from giving itself a pay raise during its current session.
In total, 33 amendments have been proposed by Congress, but only 27 have been ratified by three-fourths of the states. Six amendments have been proposed but not ratified. These include the Child Labor Amendment, the Equal Rights Amendment, and the Titles of Nobility Amendment.
Some proposed amendments have come close to ratification, such as the Flag Desecration Amendment, which came within one vote of passing the Senate in 2006. Others, like the Corwin Amendment, have only been ratified by a few states. The Corwin Amendment, approved by Congress in 1861, guaranteed the right of states that legalized slavery to keep "persons held to labor or service by the laws of said State."
Other notable unratified amendments include the proposal to rename the United States "the United States of the Earth," put forward by U.S. House Representative Lucas Miller from Wisconsin in 1893. In 1933, Representative Wesley Lloyd of Washington state proposed an amendment to outlaw millionaires, suggesting that income in excess of $1 million be applied to the national debt.
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Frequently asked questions
Formal amendments are discussed in Article V of the United States Constitution.
Article V outlines the procedure for altering the Constitution. It consists of proposing an amendment or amendments, and subsequent ratification.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of state legislatures.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and an authenticating signature.
An amendment becomes operative when it is ratified by three-quarters of the states (38 out of 50), rather than on the date its ratification is certified.
