Malcolm Rivera
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted in 1791. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the amendment process. An amendment 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 the state legislatures. Once an amendment is passed by Congress, it must be ratified by three-fourths of the states to become part of the Constitution. The amendment process is designed to be difficult and time-consuming, ensuring that only significant changes affecting all Americans or securing citizens' rights are made to the document.
| Characteristics | Values |
|---|---|
| Number of amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Authority to amend | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of the states (38 of 50) |
| Amendment administration | Archivist of the United States, National Archives and Records Administration (NARA) |
| Amendment documentation | Formal proclamation by the Archivist, published in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
Article V of the Constitution
Article V of the US Constitution outlines the process by which the Constitution may be amended. This process is deliberately difficult and time-consuming. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, an amendment can be proposed if two-thirds of state legislatures call for a constitutional convention, although this has never happened. Once an amendment is proposed, it is the responsibility of the Archivist of the United States to administer the ratification process.
The Archivist of the United States heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with the ratification process to the Director of the Federal Register. The Director of the Federal Register follows procedures and customs established by the Secretary of State and the Administrator of General Services. 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.
The OFR (Office of the Federal Register) 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. The OFR retains these documents until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states).
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, serving as official notice to Congress and the nation that the amendment process is complete.
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Amendment proposals and their popularity
The process of amending the US Constitution is a challenging and lengthy one. According to Article V of the Constitution, 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 requested by two-thirds of the state legislatures. Congress has sent 33 of the 11,770 proposed amendments to the states for ratification since 1789.
The popularity of specific amendment proposals varies, with some gaining widespread support while others are repeatedly introduced without success. For instance, an amendment to outlaw flag burning has gained traction, with President Clinton endorsing it. Other popular proposals among congressional leaders include allowing voluntary school prayer, making English the official language, and abolishing the Electoral College.
On the other hand, some amendments, such as those supporting congressional term limits and a balanced budget amendment, have struggled to gain momentum. Additionally, an amendment to limit the Supreme Court to nine members, proposed by Democratic Representative Collin Peterson and Republican Representative Denver Riggleman, faced competition from an identical amendment proposed by a group of Republican congress members, demonstrating the complexity of the amendment process and the diverse range of proposals.
Some amendments have been proposed repeatedly over the years, such as the School Prayer Amendment, first proposed by Robert Byrd of West Virginia in 1962 and reintroduced several times until 2006. Despite passing in the House in 1998, it fell short of the required two-thirds majority. Similarly, the Flag Desecration Amendment was proposed in 1995 and has gained support, including from President Clinton, but has not passed.
The process of amending the Constitution is intentionally challenging, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was "to endure for ages to come." While amendments are infrequent, they have shaped the nation, including landmark amendments granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is appointed by the President of the United States and is responsible for the supervision and direction of the National Archives. They are also responsible for preserving, protecting, and sharing the history of the United States.
The first Archivist, R. D. W. Connor, began serving in 1934 when the National Archives was established as an independent federal agency by Congress. Archivists are specially trained in preserving original materials and helping people obtain them. They work with paper documents, photographs, maps, films, and computer records. Many archivists begin their careers as historians and then receive training from experienced archivists.
The Archivist of the United States also has specific duties concerning the custody of important documents. For example, they receive the original version of all statutes of the United States once enacted. In the case of a joint resolution or act of Congress signed into law by the President, the Office of the President delivers the document to the National Archives. The Archivist is also responsible for maintaining custody of state ratifications of amendments to the Constitution. When three-quarters of the states approve a proposed amendment, the Archivist issues a certificate proclaiming that the amendment has been duly ratified and is now part of the Constitution.
The current Archivist of the United States is Dr. Colleen J. Shogan, who was sworn in on May 17, 2023. She is the first woman appointed to lead the NARA. Dr. Shogan has held several cultural heritage leadership roles, including serving as Senior Vice President and Director of the David M. Rubenstein Center at the White House Historical Association. She is a noted author and political scientist, committed to civic education and public engagement.
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State legislatures and their requirements
Article V of the US Constitution establishes two methods for proposing amendments. 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 has been used thus far.
The second method states that on the application of the legislatures of two-thirds of the several States, Congress shall call a Convention for proposing Amendments. In either case, the proposed amendments become valid and are considered part of the Constitution when ratified by the legislatures of three-fourths of the several States.
The last two sentences of Article V make certain subjects unamendable. The first sentence prohibits amendments that would deprive states, without their consent, from having equal suffrage in the Senate. This sentence's limitations on amendments have expired. The second sentence, which remains in effect, prohibits amendments made prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves.
Additionally, it is important to note that the process of amending the Constitution is not limited solely to Congress. According to legal scholar Akhil Reed Amar, the people of the United States may also amend the Constitution using methods not specifically outlined in Article V.
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The ratification process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The amendment process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress (the House of Representatives and the Senate) and then ratified by the legislatures of three-fourths of the states (38 out of 50 states).
The amendment process can be initiated by Congress or by a constitutional convention. If the process is initiated by Congress, 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 other relevant information.
If the process is initiated by a constitutional convention, two-thirds of the state legislatures must call for such a convention. To date, no amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, it is forwarded to the OFR for processing and publication, as described above.
Once a proposed amendment has been ratified by the required number of states, the OFR examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the OFR drafts a formal proclamation for the Archivist of the United States 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 that the amendment process has been completed.
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Frequently asked questions
The process of amending the US Constitution is a difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures or two-thirds of state legislatures could ask Congress to call a Constitutional Convention.
There have been 27 amendments to the US Constitution since it was drafted in 1787, including the first 10 amendments, also known as the Bill of Rights, which were adopted in 1791.
The purpose of amending the Constitution is to make significant changes that impact all Americans or secure the rights of citizens.
