Jonah Patel
Article V of the United States Constitution outlines the process for amending the document. It details two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second involves a constitutional convention called for by two-thirds of state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of state legislatures or conventions to become part of the Constitution. The President does not have a constitutional role in the amendment process, and the certification of a ratified amendment is typically a ceremonial function attended by dignitaries.
| Characteristics | Values |
|---|---|
| Article Number | V |
| 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-quarters of the states, or by ratifying conventions conducted in three-quarters of the states |
| Amendment Certification | Signed by the Archivist of the United States, with the Director of the Federal Register as a witness |
| Amendment Authority | The President does not have a constitutional role in the amendment process, and no amendment requires presidential approval |
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What You'll Learn
Article V outlines the process
The first method, which has been used for all 33 amendments submitted to the states for ratification, involves Congress proposing an amendment in the form of a joint resolution. This resolution does not require presidential approval before being sent to the states for consideration. Once an amendment has been proposed, the Archivist of the United States notifies each state's governor, who then formally submits the amendment to their state's legislature or a ratifying convention.
For an amendment to become part of the Constitution, it must be ratified by either three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. This ratification process is administered by the Archivist of the United States, who follows procedures established by the Secretary of State and the Administrator of General Services. 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.
Article V also includes provisions prohibiting certain subjects from being amended, such as ensuring that no state shall be deprived of its equal suffrage in the Senate. It is important to note that the President does not have a constitutional role in the amendment process, and the Supreme Court has affirmed this in Hollingsworth v. Virginia (1798).
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Two methods of proposing amendments
Article V of the United States Constitution outlines two methods for proposing amendments. The first method, which has been used for all 33 amendments submitted to the states for ratification, requires both the House and the Senate to propose a constitutional amendment with a two-thirds majority vote. This process ensures that a significant proportion of both chambers agree on the proposed changes to the Constitution.
The second method, known as the convention option, has yet to be invoked. This method comes into play when two-thirds of state legislatures request that Congress call a convention for proposing amendments. This approach empowers state legislatures to have a more direct role in the amendment process and serves as a check against potential encroachments of national authority.
Once an amendment is proposed, either by Congress or through the convention method, it must be ratified to become part of the Constitution. Ratification can occur in one of two ways, as determined by Congress: through the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This flexibility in the ratification process allows for a balance between the interests of the general and state governments.
The process of amending the Constitution is a deliberate and thoughtful one, designed to ensure that any changes made are thoroughly considered and widely supported. The requirement for supermajority votes in both methods of proposing amendments underscores the importance and gravity of modifying the nation's foundational document.
While the President does not have a constitutional role in the amendment process, the signing of the certification has, in recent history, become a ceremonial function attended by dignitaries, including the President. This ceremonial aspect adds a layer of solemnity and significance to the amendment process.
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Ratification by states
Article V of the U.S. Constitution outlines the process for amending the document. It states that 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 called for by two-thirds of state legislatures.
Once an amendment has been proposed, it is sent to the states for ratification. This is where the focus of this response lies: the ratification process by the states.
The proposed amendment must be ratified by either three-fourths of state legislatures or by ratifying conventions in three-fourths of states. This means that 38 out of 50 states must approve the amendment for it to become part of the Constitution. Each state's vote carries equal weight, regardless of its population or time in the Union.
The Archivist of the United States plays a crucial role in the ratification process. They are responsible for administering the process and officially notifying each state governor that an amendment has been proposed. The governor then submits the amendment to their state's legislature or ratifying convention.
The ratification process can occur through state legislatures or ratifying conventions, as determined by Congress. State legislatures are the default method, with the convention method having been used only once in history for the 1933 ratification of the 21st Amendment.
The Office of the Federal Register (OFR) verifies that it has received the required number of authenticated ratification documents from the states. It then 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.
In recent years, the signing of the certification has become a ceremonial event attended by dignitaries, including, on some occasions, the President.
It is important to note that no further action is required by Congress or any other entity once the necessary number of states has ratified the amendment. The ratification by the required number of states is what makes the amendment an operative part of the Constitution.
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The President's non-involvement
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 NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format.
Article V of the Constitution outlines the process for amending the Constitution. It states 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. However, none of the amendments to the Constitution have been proposed by constitutional convention. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
While the President does not have a role in the initial proposal and ratification process, they may be involved in the ceremonial signing of the certification. In recent history, this 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. However, it is important to note that this is not a constitutional requirement, and the President's involvement is purely ceremonial.
The process for amending the Constitution is carefully designed to ensure that any changes made are carefully considered and approved by a significant majority. By requiring a two-thirds majority in Congress or among state legislatures to propose an amendment, and then requiring ratification by three-fourths of the states, the process ensures that amendments have broad support and are not easily influenced by a single person or entity, including the President.
In conclusion, while the President may be involved in the ceremonial signing of a certified amendment, they do not have a constitutional role in the amendment process. This ensures that the process is independent and not influenced by the executive branch of government.
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The Archivist's role
The Archivist of the United States plays a crucial role in the process of amending the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b.
While the Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register, they still have important responsibilities. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
One of the key roles of the Archivist is to officially notify the states that an amendment has been proposed. This is done by sending a registered letter to each state's governor, who then formally submits the amendment to their state's legislature or ratifying convention. The Archivist does not make any substantive determinations regarding the validity of state ratification actions.
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. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this certification has become a ceremonial function attended by various dignitaries, including, on occasion, the President. This certification is then 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 procedure for amending the Constitution.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the State legislatures. An amendment becomes part of the Constitution when it is ratified by three-quarters of the States (38 out of 50).
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not require presidential approval before it goes out to the states.
