Simone Lawson
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V outlines the process of amending the Constitution, including the proposal and ratification of amendments. 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, a convention for proposing amendments shall be called. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states. The last two sentences of Article V make certain subjects unamendable, such as the protection of equal suffrage in the Senate for each state.
| Characteristics | Values |
|---|---|
| Article of the Constitution that defines the amendment clause | Article V |
| Authority to amend the Constitution | Congress, with a two-thirds majority in both the House of Representatives and the Senate |
| Ratification | Requires ratification by three-fourths of the states (38 out of 50) |
| Role of the President | The President does not have a constitutional role in the amendment process |
| Role of the Archivist of the United States | Administers the ratification process and certifies the validity of the amendment |
| Unamendable Subjects | No amendment shall affect certain clauses in the Ninth Section of the First Article, and no state shall be deprived of its equal suffrage in the Senate without its consent |
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What You'll Learn
The Amendment Process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming. The idea must have a significant impact on all Americans or protect the rights of citizens.
The process of amending the Constitution can begin in two ways. The first is for two-thirds of both houses of Congress to propose an amendment. The second option is for two-thirds of state legislatures to request that Congress convene a Constitutional Convention. However, this has never happened.
Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. The original document is sent directly to the National Archives and Records Administration's 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 creates 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.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each governor along with the informational material prepared by the OFR. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When 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 and serves as official notice that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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Ratification
Article V of the U.S. Constitution outlines the process of amending the Constitution. The Article grants Congress the authority to propose amendments whenever two-thirds of both houses deem it necessary. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In both scenarios, the amendments become valid and part of the Constitution when ratified by three-fourths of the states, either through their legislatures or conventions, as specified by Congress. Notably, Article V does not provide explicit details about the ratification process.
The process of ratifying an amendment to the Constitution involves several steps. Firstly, Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. The proposed amendment is then forwarded to the Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA). The OFR plays a crucial role in processing and publishing the joint resolution, adding legislative history notes, and distributing informational packages to the states.
Subsequently, the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist typically delegates ministerial duties to the Director of the Federal Register. They follow established procedures and customs previously carried out by the Secretary of State and the Administrator of General Services before NARA assumed responsibility in 1985.
Once a state legislature or convention ratifies a proposed amendment, the state sends the Archivist an original or certified copy of the action. The OFR examines these 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 until the amendment is either adopted or fails.
An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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. The signing of this certification has, in recent times, become a ceremonial event witnessed by dignitaries, including the President on some occasions.
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The President's Role
Article V of the US Constitution defines the process of amending the Constitution. While the President has no formal constitutional role in the amendment process, they may play an informal, ministerial role.
The President does not have a constitutional function in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
However, the President may play an informal role in the amendment process. In recent history, the signing of the certification of a new 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.
Additionally, the Archivist of the United States, who is responsible for administering the ratification process, follows procedures and customs established by the Secretary of State. The President appoints the Secretary of State with the advice and consent of the Senate. Therefore, the President may indirectly influence the ratification process through the appointment of the Secretary of State.
Furthermore, while it is rare, there is precedent for a President to influence the content of an amendment. For example, President George Washington corresponded with Governor Charles Pinckney regarding the amendment process in 1789.
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Unamendable Subjects
Article V of the US Constitution outlines the authority to amend the Constitution. The last two sentences of Article V make certain subjects unamendable.
The first sentence prohibited amendments before 1808 that would have affected the Constitution's limitations on Congress's power to:
- Restrict the slave trade
- Levy certain taxes on land or slaves
This sentence's limitations on amendments have expired and are no longer in effect.
The second sentence of Article V, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate. This clause has been the subject of academic debate, with scholars discussing the possibility of removing the equal suffrage requirement in two steps. However, such an action would still violate Article V's plain language, which states that a state cannot be deprived of equal suffrage without its consent.
The interpretation and potential circumvention of Article V's unamendable subjects have been the subject of scholarly debate, with discussions surrounding the "will of the people" and the possibility of amending the Constitution using methods not specifically outlined in Article V.
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The Bill of Rights
The authority to amend the US Constitution is derived from Article V of the Constitution. Article V states that two-thirds of both houses of Congress can propose amendments, or two-thirds of state legislatures can request that Congress call a convention to propose amendments. In either case, the amendment must be ratified by three-fourths of state legislatures or ratifying conventions.
The first ten amendments of the US Constitution, or the Bill of Rights, were ratified on December 15, 1791. The amendments include guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. They also include protections such as due process and trial by jury.
The Ninth Amendment states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". This means that just because a right is not listed in the Bill of Rights does not mean that it does not exist. The Tenth Amendment further reinforces this by stating that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".
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Frequently asked questions
Article V of the United States Constitution defines the amendment clause.
Article V outlines the process for amending the Constitution, stating that "The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution..."
The process begins in Congress, with a two-thirds majority required in both the House of Representatives and the Senate. After gaining congressional approval, the amendment is sent to the states for ratification. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states).
There are arguments that the people of the United States may amend the Constitution using methods not outlined in Article V. However, Article V is generally recognised as providing the authority to amend the Constitution.
