Jonah Patel
Article V of the United States Constitution outlines the procedure for amending the Constitution. It establishes two methods for proposing amendments: Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention can be called for by two-thirds of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states or by ratifying conventions in three-quarters of the states. Since the Constitution was adopted, there have been 27 amendments, with the most recent one being added in 1992.
| Characteristics | Values |
|---|---|
| Article Number | V |
| Authority | The authority to amend the Constitution of the United States |
| Amendment Process | Proposing an amendment or amendments, and subsequent ratification |
| Amendment Proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures |
| Amendment Ratification | By the legislatures of three-fourths of the states, or by conventions in three-fourths thereof, as determined by Congress |
| Number of Amendments | 27 amendments have been ratified and are now part of the Constitution |
| Time Period for Ratification | No specified time period within which three-quarters of the states have to ratify a proposed amendment |
| Unamendable Subjects | The Constitution, and no State, without its Consent, shall be deprived of its equal Suffrage in the Senate |
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What You'll Learn
Article V outlines the procedure
The first method has been used for all 33 amendments submitted to the states for ratification. The convention option has never been used. Once three-quarters of the states have ratified an amendment, it becomes part of the Constitution. The Archivist of the United States administers the ratification process.
Article V also makes two things unchangeable. Firstly, no amendment made before 1808 could affect the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. Secondly, no amendment can deprive a state, without its consent, of equal suffrage in the Senate.
There is some debate about whether Article V provides the exclusive procedures for amending the Constitution. Most of the Article's text addresses the proposal and ratification of amendments. However, it does not detail the ratification process, and there is uncertainty about whether a state can rescind its ratification before the amendment process is completed.
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Two methods of proposing amendments
Article V of the U.S. Constitution outlines the two methods of proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, also known as a joint resolution. This method has been used thirty-three times to propose constitutional amendments. The President does not have a constitutional role in this process, and the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method allows states to propose amendments directly, bypassing Congress. However, even in this case, Congress determines the mode of ratification, and the proposed amendment must be ratified by three-fourths of the states to become part of the Constitution.
The process of amending the Constitution is a significant undertaking and requires a high threshold of support. The two-thirds majority vote in both chambers of Congress or the calling of a constitutional convention ensures that any proposed amendment has broad support before being submitted to the states for ratification.
While Article V provides the primary procedures for amending the Constitution, scholars have debated whether it is the exclusive method. Some argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V, indicating a level of flexibility and adaptability in the amendment process.
Overall, the two methods of proposing amendments outlined in Article V of the Constitution provide a framework for making changes to the nation's foundational document, ensuring that any alterations reflect the will of a significant portion of the country.
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Ratification by three-quarters of states
Article V of the U.S. Constitution outlines the procedures for amending it. The Article empowers Congress to propose amendments whenever two-thirds of both Houses deem it necessary. Alternatively, Congress may call a convention for proposing amendments at the request of two-thirds of the state legislatures.
Once an amendment is proposed, it must be ratified by three-quarters of the states, or 38 out of 50 states, to become part of the Constitution. This can be achieved through ratification by state legislatures or state ratifying conventions, with Congress determining the mode of ratification. The vote of each state, regardless of its population or time in the Union, carries equal weight.
The ratification process is administered by the Archivist of the United States, who notifies each state's Governor of the proposed amendment. The Governor then submits the amendment to their state's legislature or ratifying convention. While Article V does not detail the ratification process, the Archivist follows established procedures and customs.
The Equal Rights Amendment (ERA) illustrates the importance of ratification by three-quarters of the states. Passed by Congress in 1972, the ERA needed ratification by 38 states. By 1977, only 35 states had approved it. Despite deadline extensions, the ERA fell short by three states. Five states attempted to rescind their ratification, but such actions are generally considered legally invalid.
In summary, ratification by three-quarters of the states is a critical step in amending the U.S. Constitution. Article V grants Congress the authority to propose amendments, which become valid when ratified by the required number of states. The Archivist of the United States facilitates the process, ensuring its completion.
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The President's non-role in the process
Article V of the U.S. Constitution outlines the procedures for amending the Constitution. While the President has played a ceremonial or ministerial role in certain instances of the amendment process, they do not have a formal constitutional role in amending the Constitution.
Secondly, the President cannot veto a proposed amendment. This was affirmed by the Supreme Court in the 1920 case of Hawke v. Smith, which established that the submission of a constitutional amendment does not require the President's action. Additionally, the Supreme Court has articulated the Judicial Branch's understanding that the President has no formal constitutional role in the amendment process. This view was expressed in the 1798 case of Hollingsworth v. Virginia, where the Court held that the Eleventh Amendment was "constitutionally adopted" without requiring the President's involvement.
While there have been instances of Presidents signing joint resolutions proposing amendments, such as President Abraham Lincoln's signing of the joint resolution proposing the Thirteenth Amendment, these actions were not necessary for the proposal or ratification of the amendments. These signatures can be seen as ceremonial or ministerial acts that do not carry constitutional weight.
Furthermore, the process of certifying a state's ratification of an amendment falls under the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The President is not involved in this certification process, which includes verifying the required number of authenticated ratification documents and drafting a formal proclamation for the Archivist to certify the amendment's validity.
In summary, while the President may have played a ceremonial or ministerial role in certain instances, their participation is not constitutionally mandated or essential to the amendment process. The authority to amend the Constitution rests with Congress and the states, and the President's non-role in this process is a key feature of the constitutional amendment framework.
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Amendments since 1971
The Indian Constitution is the most frequently amended national constitution in the world. It is amended roughly twice a year, and there have been 106 amendments since it was first enacted in 1950.
Amendments to the Indian Constitution are made through the introduction of a Bill in either House of Parliament. Once the Bill is passed by a majority of the total membership of that House and by a majority of no less than two-thirds of the members of that House, it is presented to the President for their assent.
Since 1971, there have been several notable amendments to the Indian Constitution:
- The Constitution (Twenty-fourth Amendment) Act, 1971: This amendment reversed the Supreme Court's earlier decision, which upheld Parliament's power to amend all parts of the Constitution, including Fundamental Rights. It amended Article 368 to expressly grant Parliament the power to amend any provision of the Constitution. It also made it obligatory for the President to give assent to a Constitution Amendment Bill.
- The Constitution (Forty-second Amendment) Act, 1976: This amendment proposed to spell out the high ideals of socialism, secularism, and the integrity of the nation. It aimed to make the directive principles more comprehensive and give them precedence over fundamental rights, which had been used to frustrate socio-economic reforms. It also sought to specify the fundamental duties of citizens and address anti-national activities. Additionally, it included amendments to various articles, such as Article 82, Article 83, and Article 170, to make administrative changes and adjustments.
These amendments highlight the dynamic nature of the Indian Constitution, which allows for its adaptation to changing social, political, and economic circumstances.
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Frequently asked questions
Article V of the Constitution amends the Constitution.
Article V of the Constitution outlines the procedure for altering the Constitution. It establishes two methods for proposing amendments to the Constitution.
The first method authorizes Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, to propose constitutional amendments. The second method requires Congress, on the application of the legislatures of two-thirds of the several states, to call a convention for proposing amendments.
After an amendment is proposed, it must be ratified. To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states.
