Jonah Patel
The United States Constitution can be amended or changed through Article V, which outlines two methods for proposing amendments and two methods for states to ratify them. The first method for proposing amendments 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 state legislatures. Once an amendment is proposed, it must be ratified either by three-fourths of state legislatures or by ratifying conventions in three-fourths of states. While Article V provides a framework for amending the Constitution, there are debates and interpretations surrounding its exclusivity and the potential for alternative routes of constitutional change.
| Characteristics | Values |
|---|---|
| Article that can amend the Constitution | V |
| Authority to amend the Constitution | Congress |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate or a constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of state legislatures or three-fourths of state ratifying conventions |
| Number of amendments | 27 |
| Unamendable subjects | No amendment can deprive a state of its equal suffrage in the Senate |
| Other methods of constitutional change | Political activity of a mobilized national constituency |
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What You'll Learn
Article V outlines two methods for proposing amendments
Article V of the United States Constitution outlines two methods for proposing amendments to the Constitution. 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. This process is outlined in Article V, which gives Congress the authority to amend the Constitution.
The first method, which has been the only method used thus far, involves both the House and the Senate proposing a constitutional amendment with a two-thirds majority vote. This vote is based on the members present and assumes a quorum. Once an amendment is proposed by Congress, 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 of the duties associated with this function to the Director of the Federal Register, who follows established procedures and customs.
The second method involves a constitutional convention called for by two-thirds of the state legislatures. This method has never been used to propose any of the 27 amendments to the Constitution. It is unclear what the exact process for this method would be, as it has not been tested.
After an amendment is proposed by either of these methods, it must be ratified to become part of the Constitution. Ratification can occur through one of two methods: by a vote of the state legislatures or by ratifying conventions in three-quarters of the states (38 out of 50 states). Congress determines which method of ratification must be used. The vote of each state carries equal weight, regardless of population or length of time in the Union.
While Article V provides the framework for amending the Constitution, there is debate among scholars about whether it is the exclusive means of doing so. Some argue that there may be other routes to amendment, including through sustained political activity or the exercise of legal rights by the people to alter or abolish the government. Additionally, it is important to note that certain subjects, such as equal suffrage in the Senate, are considered unamendable by Article V.
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Ratification by three-fourths of the state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution, which establishes two methods for proposing and ratifying amendments.
This is the first and most common method of ratification, requiring the approval of three-fourths of the state legislatures, or 38 out of 50 states. Each state legislature holds a vote on whether to ratify the proposed amendment, and the decision is made based on a simple majority. This method ensures that any changes to the Constitution have widespread support across the country and empowers states to have a direct say in the amendment process.
Once a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state's action, which is immediately conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
When the OFR receives the required number of authenticated ratification documents (38 out of 50), 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 serves as official notice to Congress and the nation that the amendment process is complete.
The Amendment Process
The process of amending the Constitution begins with a proposal for an amendment, which can be initiated by Congress or by the state legislatures. If Congress proposes an amendment, it must be approved by a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, if two-thirds of the state legislatures apply for a constitutional convention, Congress must call for one, and amendments can be proposed at this convention.
To date, all 27 amendments to the Constitution have been proposed by Congress and ratified by the state legislatures, with the most recent amendment, the 27th Amendment, being ratified in 1992. The ratification process for each amendment varies in duration, with some taking just a few months and others taking several years to complete.
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Amendments proposed by constitutional convention
The authority to amend the US Constitution is derived from Article V of the Constitution. This article establishes two methods for proposing amendments:
Amendments proposed by Congress
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far, with 33 amendments proposed and 27 of these ratified by three-fourths of the States.
The second method is for amendments to be proposed by a constitutional convention, also known as an Article V Convention or state convention. This method has never been used. It requires the application of two-thirds of the State legislatures (34 of the 50) to call for a convention, and the amendments become law only after ratification by three-fourths of the states (38 of the 50).
There are differing opinions on the scope of an Article V convention. Some commentators argue that states may determine the scope by applying for a convention on a specific subject or group of subjects. Others argue that the text of the Constitution provides only for a general convention, not limited in scope to considering amendments on a particular matter.
The process of amending the Constitution is carefully designed to guard against both "extreme facility which would render the Constitution too mutable" and "extreme difficulty which might perpetuate its discovered faults". It enables both the General and State Governments to propose amendments.
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The President's non-constitutional role in the amendment process
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, 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 then 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 the statutory procedure for ratification.
Despite the President's non-constitutional role in the amendment process, there have been instances where Presidents have played an informal, ministerial role. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for the proposal or ratification of the amendment. Additionally, President Jimmy Carter signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary. In recent history, the signing of the certification of a ratified amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
The lack of a formal constitutional role for the President in the amendment process is further supported by the Supreme Court's decision in the 1798 case Hollingsworth v. Virginia, where Justice Samuel Chase stated during oral argument that the President has nothing to do with the proposition or adoption of amendments to the Constitution. This view was reaffirmed in the 1920 case Hawke v. Smith, where the Supreme Court characterized the Court's decision in Hollingsworth as having settled that the submission of a constitutional amendment did not require the action of the President.
In summary, while the President may occasionally play an informal role in the amendment process, their signature is not required for the proposal, ratification, or certification of amendments to the Constitution. The President's non-constitutional role in the amendment process is a result of the authority to amend the Constitution being derived from Article V, which establishes that amendments 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.
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The Archivist's role in the amendment process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments. The Archivist's role in the amendment process is primarily ministerial, following procedures established by the Secretary of State and the Administrator of General Services.
After Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by the Office of the Federal Register (OFR). The Archivist's role at this stage is to ensure that each State is informed of the proposed amendment and has the necessary information to consider it.
Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Archivist then conveys this documentation to the Director of the Federal Register for examination and custody. The OFR examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature.
When the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the States), it drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's 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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Frequently asked questions
Article V of the US Constitution outlines the process of amending the Constitution.
Article V establishes two methods for proposing amendments to the Constitution. 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 convention for proposing amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
There is debate among scholars about whether Article V is the exclusive means of amending the Constitution. Some argue that there are other routes to amendment, including routes where the Constitution could be unwittingly amended during a period of sustained political activity. Others argue that the procedure provided for in Article V is simply the exclusive method the government may use to amend the Constitution.
