Jonah Patel
The United States Constitution has been amended 27 times since it was first drafted in 1787, including the first 10 amendments, which were adopted as the Bill of Rights four years later. The authority to amend the Constitution is derived from Article V, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. The amendment process is designed to be rigorous, requiring consensus and ratification by three-quarters of the states. Article V also includes provisions to protect certain subjects from amendment, such as the equal suffrage of states in the Senate.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Ratified by the Legislatures of three-fourths of the States, or by Conventions in three-fourths thereof |
| Amendment certification | Formal proclamation for the Archivist to certify that the amendment is valid |
| Number of amendments | 27 since 1787 |
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What You'll Learn
Article V establishes two methods for proposing amendments
The second method, which has never been used, is a constitutional convention called for by two-thirds of the state legislatures. This method bypasses Congress and allows states to propose amendments directly. However, any proposed amendments would still need to be ratified by three-quarters of the states, either through their legislatures or through conventions, as specified by Congress.
The authority to amend the Constitution is derived from Article V, which also outlines the procedures for doing so. While Article V establishes the two methods for proposing amendments, it does not describe the ratification process in detail. The specific steps in the ratification process are determined by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), and the Director of the Federal Register, who follow established procedures and customs.
The amendment process is designed to require a consensus, ensuring that constitutional provisions are not enacted if they are strongly opposed by a substantial minority of the country. This strict process has been criticised for being too difficult to enact amendments and for being biased in favour of the federal government. However, it has also allowed for significant constitutional changes, including the Bill of Rights and amendments concerning income tax, direct election of senators, the two-term presidency, and voting rights for women and 18-year-olds.
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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, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution.
The Archivist of the United States plays a crucial role in the constitutional amendment process. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA). They are responsible for supervising and directing NARA, which includes preserving government records and making them accessible to the public. In the context of constitutional amendments, the Archivist has the following key roles:
- The Archivist is responsible for administering the ratification process after Congress proposes an amendment. This involves coordinating with the Director of the Federal Register, who examines ratification documents and maintains custody of them until an amendment is adopted or fails.
- The Archivist receives original or certified copies of state actions related to the proposed amendment and conveys them to the Director of the Federal Register.
- Once the required number of authenticated ratification documents is received, 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.
- The Archivist maintains custody of state ratifications of amendments, ensuring that the amendment process is accurately documented and preserved for posterity.
- In addition to their role in the amendment process, the Archivist also has duties related to the custody of Electoral College documents during presidential elections.
The Archivist of the United States is appointed by the President and plays a vital role in preserving the nation's history and ensuring the integrity of the constitutional amendment process. They work closely with other officials, such as the Director of the Federal Register, to fulfill their responsibilities effectively.
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Ratification by state legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. This article establishes two methods for proposing amendments. The first method, which has been used for all amendments thus far, requires 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 is sent to the states for ratification. The mode of ratification is determined by Congress, and it can be through a vote of the state legislatures or a state convention. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states).
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director 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.
In the past, some state legislatures have not waited to receive official notice before taking action on a proposed amendment. When a state ratifies an 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 Director retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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.
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Amendments bypassing Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. This is the only method for proposing amendments that have been used thus far.
However, in recent years, there have been efforts to bypass Congress and amend the Constitution through a constitutional convention. According to Article V, a constitutional convention can be called for by two-thirds of the State legislatures to propose amendments. While there have been attempts to call for a convention in the past, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
In 2018, conservatives were pushing for the first-ever Constitutional Convention to make amendments without going through Congress. The issues they wanted to address included establishing term limits for members of Congress and potentially repealing the 17th Amendment, which allows the public to elect senators instead of state legislatures. Legislation calling for a convention has been passed by 12 states, and 18 other states are reportedly considering it.
To be successful, a Constitutional Convention would require the approval of two-thirds of the states to call for the convention and at least three-fourths to approve the amendment or change. This process bypasses Congress and allows the states to propose and ratify amendments directly.
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Originalism and the amendment process
The authority to amend the US Constitution is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments: the first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the members present; the second method involves a constitutional convention called for by two-thirds of the State legislatures.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Originalism teaches that the Constitution's original meaning is fixed, and new applications of that meaning will arise with new developments and new technologies. For example, the First Amendment's protection of speech was originally understood to apply to speech on street corners or in newspapers, but now it also applies to speech on the internet. Originalism is not concerned with contemporary political consequences; a good originalist judge will defend the Constitution's original meaning regardless of the political outcome.
The originalist approach to the amendment process suggests that the Constitution should be interpreted according to the original intent or original meaning of the text. This means that the process of amending the Constitution should be carried out in accordance with the procedures outlined in Article V, which were established at the time of the Constitution's adoption.
However, critics of originalism argue that the original intent of the Founding Fathers is indiscernible, and that the text can only be understood in present terms. They advocate for a "Living Constitution", which asserts that a constitution should evolve and be interpreted based on the context of current times. This perspective suggests that the amendment process should be flexible and adaptable to modern circumstances, rather than strictly adhering to the original understanding of the Constitution.
In conclusion, the originalist approach to the amendment process emphasizes interpreting and applying the procedures outlined in Article V of the Constitution, while critics of originalism argue for a more flexible and evolving approach that considers the context of current times.
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Frequently asked questions
Article V of the Constitution outlines the process of amending it. The Congress must propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of State legislatures can request Congress to call a Constitutional Convention to propose amendments. For an amendment to become part of the Constitution, three-quarters of the States must ratify it.
The amendment process has been criticised for being too strict, making it difficult to enact amendments. It has also been criticised for being biased in favour of the federal government, thus not allowing amendments that would limit the national government.
No, there has never been a Constitutional Convention.
