Simone Lawson
Article V of the United States Constitution outlines the procedure for amending the Constitution. It establishes 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 the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process has been used to propose and ratify 27 amendments, with an additional 6 amendments proposed but not ratified. The authority to amend the Constitution and the specific procedures outlined in Article V reflect the compromises made during the 1787 Constitutional Convention, ensuring a balanced approach to altering the nation's foundational document.
| Characteristics | Values |
|---|---|
| Article of the Constitution that describes the amending process | Article V |
| Authority | Congress |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative amendment proposal | Constitutional convention called for by two-thirds of state legislatures |
| Ratification | Three-fourths of the states (38 of 50 states) |
| Ratification process | Not described in detail in Article V |
| Administered by | Archivist of the United States |
| Unamendable subjects | Two sentences at the end of Article V make certain subjects unamendable |
Explore related products
What You'll Learn
Article V outlines the amending process
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can be achieved through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. This second option has only been used once in American history, for the 1933 ratification of the 21st Amendment.
Article V also includes two prohibitions. The first, which expired in 1808, stated that no amendment could affect the first and fourth clauses in the ninth section of the first article. The second prohibition, which remains in effect, states that no amendment shall deprive a state of its equal representation in the Senate without the state's consent.
The authority to amend the Constitution is derived from Article V, which sets forth the procedures for doing so. The process of amending the Constitution involves proposing an amendment and then obtaining ratification, as outlined in Article V.
The 14th Amendment: A Historic Addition to the US Constitution
You may want to see also
Two methods to propose amendments
Article V of the US Constitution outlines the process of amending the document. It establishes two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the Members present in each House must vote in favour of the proposed amendment. This method has been used to propose thirty-three constitutional amendments since the Founding. However, not all of these have been ratified by the States.
The second method outlined in Article V involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used to propose an amendment.
Once an amendment is proposed, it is submitted to the States for their consideration. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
While Article V provides the procedures for amending the Constitution, some scholars have argued that there may be other methods for proposing amendments that are not specifically outlined in this Article.
The Mini Constitution: A Powerful Amendment
You may want to see also
Ratification by state legislatures
Article V of the US Constitution outlines the process for its amendment. 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.
The process of ratification by state legislatures is procedurally simple: a resolution, memorial, or proclamation of ratification is proposed and voted on in each chamber of the state legislature. However, the convention method of ratification is more complicated as it is separate and distinct from a state legislature.
In the convention method, delegates are elected, and the convention assembled. This method has only been used once, during the 1933 ratification process of the 21st Amendment. The convention method was designed to bypass the state legislatures and approximate a one-state, one-vote national referendum, allowing the sentiments of registered voters to be more directly considered.
The ratification of the Constitution itself involved specially elected state conventions, with five states voting to approve the Constitution almost immediately (Delaware, New Jersey, Georgia, Pennsylvania, and Connecticut).
In New Mexico, the governor has 10 days to call a convention, which is formed by all members of the New Mexico Legislature. In Vermont, the governor has 60 days to call for the election of 14 delegates to the state ratifying convention (two from each of the state's counties, one for ratification, and one against).
Amendments become part of the Constitution once they have been ratified by three-quarters (38) of the states.
Amending the Constitution: The Article That Empowers Change
You may want to see also
Explore related products
The role of the President
Article V of the US Constitution outlines the process for amending the document. The article establishes that the authority to amend the Constitution of the United States is derived from Article V, and that Congress proposes amendments.
However, the President can play an informal, ministerial role in the process. In recent history, the certification of an 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, President Abraham Lincoln signed the joint resolution proposing the 13th Amendment, even though his signature was not necessary. In another instance, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised his signature was unnecessary.
Therefore, while the President does not have a formal role in amending the Constitution, they can play an informal, ceremonial role in the process.
The Fourth Amendment: A Historic Addition to the Constitution
You may want to see also
Unamendable subjects
Article V of the US Constitution outlines the procedures for amending the Constitution. It establishes two methods for proposing amendments:
- The House and Senate propose a constitutional amendment by a two-thirds majority vote in both chambers.
- A constitutional convention is called upon the request of two-thirds of the state legislatures, and amendments are proposed.
The authority to amend the Constitution is derived from this article, which also makes certain subjects unamendable. These include:
The last two sentences of Article V specify that no amendment made before 1808 could affect the first and fourth clauses in the ninth section of Article I. This relates to:
- Limitations on Congress's power to prohibit or restrict the importation of slaves before 1808.
- Limitations on Congress's power to impose an unapportioned direct tax.
Additionally, Article V states that no state, without its consent, shall be deprived of its equal suffrage in the Senate. This has sparked debates among scholars regarding the removal of the equal suffrage requirement. Some have suggested a two-step process, but this would still violate Article V's plain language, which stipulates that a state cannot be deprived of equal suffrage without its consent.
The 25th Amendment: A Constitutional Change
You may want to see also
Frequently asked questions
Article V of the United States Constitution describes the procedure for altering the Constitution.
Amendments may be proposed either 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 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 conducted in three-quarters of the states.
Article V sets forth procedures for amending the Constitution. It establishes two methods for proposing amendments to the Constitution.
The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second method, the convention option, allows state legislatures to propose amendments.
Article V makes certain subjects unamendable. For example, no amendment shall deprive a state of its equal representation in the Senate without that state's consent.
