Simone Lawson
Article Five of the United States Constitution outlines the procedures for amending the Constitution. It states that whenever two-thirds of both Houses of Congress deem it necessary, they shall propose amendments, or on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. For an amendment to become part of the Constitution, it must be ratified by the legislatures of three-quarters of the states or by conventions in three-quarters of the states. This process, outlined in Article Five, has been used by Congress to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states. These ratified amendments include the first ten amendments, known as the Bill of Rights, which safeguard certain individual rights from government interference.
| Characteristics | Values |
|---|---|
| Article of the U.S. Constitution | V |
| Amendments proposed by Congress | 33 |
| Amendments ratified by states | 27 |
| Amendments proposed but not ratified by states | 6 |
| First ten amendments | The Bill of Rights |
| Article V's procedures used to propose amendments | Yes |
| Ratification requirement for amendments | Legislatures of three-quarters of states or conventions in three-quarters of states |
| Deadline for ratification of amendments | Not specified, but most since 1917 have included a deadline |
| Presidential approval required | No |
| Amendments prior to 1808 affecting first and fourth clauses of Article I, Section 9 | Not allowed |
| Deprivation of equal suffrage in the Senate without state consent | Not allowed |
| Article III, Section 2 modification | Amendment XI |
| Article IV, Section 2 superseded | 13th Amendment |
| Article I, Section 2 modified | 14th Amendment |
| Article II, Section 1 superseded | 12th Amendment |
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What You'll Learn
The role of Congress in proposing amendments
The United States Constitution outlines two methods for proposing amendments:
Method 1: Congressional Proposal
The first method involves the Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which does not require the President's signature or approval. Once the amendment is approved by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format.
Method 2: Constitutional Convention
The second method involves Congress calling for a constitutional convention upon the request of two-thirds of the state legislatures. This method has never been used to propose an amendment. However, there have been concerted efforts in the 20th century to secure the necessary number of applications for such a convention.
Ratification
After an amendment is proposed, it is submitted to the states for their consideration. The amendment becomes part of the Constitution once it is ratified by three-quarters of the states (38 out of 50 states). The OFR examines the ratification documents for authenticity and legal sufficiency. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Role of Congress
Congress plays a crucial role in proposing amendments to the Constitution. It can initiate the amendment process by proposing amendments on its own initiative or upon the application of two-thirds of the state legislatures. Congress also has the power to determine the mode of ratification, either through the state legislatures or ratifying conventions.
To date, Congress has proposed thirty-three amendments to the Constitution, all of which were submitted to the states for potential ratification. Twenty-seven of these amendments were ratified by the states.
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Ratification by state legislatures
Article V of the United States Constitution outlines the process for ratifying proposed constitutional amendments. It states that two-thirds of both houses of Congress must propose and vote on amendments to the Constitution, or, if requested by two-thirds of the state legislatures, Congress shall call a convention for proposing amendments. For an amendment to become part of the Constitution, it must be ratified by three-quarters, or three-eighths, of the states, either through their legislatures or state ratifying conventions.
The ratification process for the Constitution began when Congress turned the document over to state legislatures and specially elected state conventions for consideration. This process was contentious, with anti-federalists attempting to block conventions in states like Pennsylvania. John Hancock, a key figure in the Massachusetts vote, shifted his initial opposition to the Constitution, leading to a narrow victory for ratification in that state. By the spring, the required nine states had ratified the Constitution, and it became law.
State legislatures can ratify proposed amendments by proposing a resolution, memorial, or proclamation of ratification and voting it up or down in each chamber. This process is procedurally simple compared to the convention method of ratification, which has only been used once in US history for the 21st Amendment in 1933. In the convention method, states like Delaware and Vermont elect delegates to represent them, while in New Mexico, the convention is formed by all members of the state legislature.
The mode of ratification is determined by Congress, and in neither process is a vote by the electorate applicable to the ratification of an amendment. While most amendments proposed since 1917 have included a deadline for ratification, there is no mention of a time limit in Article V. The 27th Amendment, passed by Congress in 1789, had no deadline and was ratified in 1992 after two centuries of languishing without sufficient state ratifications.
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The president's non-involvement
The president has no involvement in the process of amending the US Constitution. Article I, Section 7 of the Constitution states that all federal legislation must be presented to the president for their signature or veto before becoming law. However, Article V does not include this requirement for constitutional amendments approved by Congress or by a federal convention. This means that the president has no official function in the amendment process.
The Supreme Court affirmed this interpretation in Hollingsworth v. Virginia (1798), ruling that it is not necessary to submit constitutional amendments to the president for approval or veto. This precedent has been consistently followed, and once a joint resolution proposing a constitutional amendment is approved by Congress, it does not require presidential approval before being sent to the states for ratification.
The process of amending the Constitution is outlined in Article V, which provides two methods for proposing amendments. The first method involves Congress, where whenever two-thirds of both Houses deem it necessary, they propose amendments to the Constitution. The second method involves the states, where on the application of the legislatures of two-thirds of the states, Congress calls a convention for proposing amendments.
In both cases, the proposed amendments become valid and part of the Constitution when ratified by the legislatures of three-quarters of the states or by conventions in three-quarters of the states, as determined by Congress. This process ensures that any amendment to the Constitution reflects the consensus of a supermajority of states, bypassing the executive branch and resting solely with the legislative branch and the states.
While the president has no direct involvement in the amendment process, they can indirectly influence it through their political power and relationship with Congress. Additionally, as the head of state and the leader of their party, the president may shape public opinion and influence the political agenda, which can impact the likelihood of certain amendments being proposed and ratified.
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The Corwin Amendment
Despite the efforts of its proponents, the Corwin Amendment ultimately failed to achieve its goal of preventing civil war. The Southern states seceded, forming the Confederate States of America. In 1865, at the end of the war, the Thirteenth Amendment, which prohibited slavery, was ratified, marking a significant departure from the intentions of the Corwin Amendment.
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The Bill of Rights
The process of amending the Constitution is outlined in Article Five. This article stipulates that two-thirds of both houses of Congress must deem it necessary to propose amendments, or two-thirds of the state legislatures must apply for a convention to propose amendments. In either case, for an amendment to become part of the Constitution, it must be ratified by three-quarters of the state legislatures or ratifying conventions in three-quarters of the states.
The first ten amendments to the Constitution, or the Bill of Rights, were ratified by the states and became part of the Constitution. These amendments include protections for freedom of speech, religion, and assembly, as well as the right to keep and bear arms, and protections for individual rights in criminal proceedings.
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Frequently asked questions
Article Five of the U.S. Constitution outlines the process of amending the document. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution, or on the application of the legislatures of two-thirds of the states, shall call a convention for proposing Amendments. In either case, the Amendment is valid when ratified by the legislatures of three-quarters of the states or by conventions in three-quarters of the states.
Article Five does not specify any deadlines for the ratification of proposed amendments.
Article Five provides no requirement for constitutional amendments approved by Congress or a federal convention to be presented to the President for their signature or veto. Thus, the President has no official function in the process.
