Eleanor Finch
The process of amending the Constitution of the United States is outlined in Article V, which establishes two methods for proposing amendments. 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. Once an amendment is proposed, it must be ratified by either three-quarters of state legislatures or by ratifying conventions in three-quarters of the states. This process has been used to propose and ratify 27 amendments, with an additional six amendments proposed but not ratified. The amendment process does not require presidential approval, and the President's role is limited to witnessing the certification of amendments.
| 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 constitutional convention called for by two-thirds of the State legislatures |
| Amendment Ratification | Ratified by three-fourths of the States (38 of 50 States) |
| Amendment Certification | Signed by the President or the Archivist of the United States |
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What You'll Learn
Article V outlines two methods for proposing amendments
Article V of the US Constitution outlines two methods for proposing amendments. The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. This is the only method for proposing amendments that has been used thus far. This is also known as the congressional proposal method.
The second method, which has never been used, is the convention method. It allows two-thirds of the state legislatures to apply for Congress to call a convention that would then decide whether to propose an amendment. The convention method was an essential part of the original Constitution. The drafters of the Constitution recognized that the congressional proposal method was controlled by the federal government and, therefore, could not be relied upon to reform federal governmental abuses.
The convention method has not been used due to the fear of a "runaway convention". This is where a convention is called to propose amendments on one subject but then proposes them on other matters. For example, state legislatures might apply for a convention to pass a balanced budget amendment, but the convention might then decide to propose an amendment allowing school prayer.
Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. The Archivist of the United States administers the ratification process, and the Director of the Federal Register performs many of the associated duties. The OFR verifies that the required number of authenticated ratification documents have been received before drafting a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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The role of Congress in the amendment process
Article V of the Constitution outlines the procedures for amending the Constitution and the role of Congress in this process. This article establishes two methods for proposing amendments: 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.
Congress plays a crucial role in the amendment process by proposing amendments. Whenever two-thirds of both Houses of Congress deem it necessary, they can propose amendments to the Constitution. This proposal takes the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) 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. It also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and the statutory procedure for ratification.
Once the proposed amendment is received by the OFR, 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. For an amendment to become part of the Constitution, it must be 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 of the United States to certify the amendment's validity.
It is important to note that the President does not have a formal constitutional role in the amendment process. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. Additionally, in recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
Since the founding of the United States, Congress has proposed 33 constitutional amendments, out of which 27 have been ratified by the states. This process, as outlined by Article V, ensures that any changes made to the Constitution are carefully considered and approved by a significant majority, reflecting the importance and longevity of the Constitution as the foundation of the nation's laws and governance.
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Ratification by state legislatures
Article V of the United States 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 convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is submitted to the states for ratification. Ratification by state legislatures involves each state's governor formally submitting the proposed amendment to their state legislature for consideration and vote. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). Each state's vote carries equal weight, regardless of its population or length of time in the Union.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist notifies the states' governors by registered letter that an amendment has been proposed. When a state ratifies an amendment, it sends an original or certified copy of the state's action to the Archivist. The Archivist does not make substantive determinations on the validity of state ratification actions but focuses on the facial legal sufficiency of the ratification documents.
Upon receiving the required number of state ratifications, the Archivist issues a certificate proclaiming the amendment duly ratified and 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.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Additionally, Congress determines the mode of ratification, and no further action is required once the necessary number of states has ratified the amendment.
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The President has no official function
Article V of the United States Constitution outlines the procedure for altering 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 state legislatures. Notably, the President has no official function in this process.
The absence of a presidential role in constitutional amendments is a deliberate feature of Article V. This exclusion stems from the historical debate between two groups during the 1787 Constitutional Convention. One group advocated for the national legislature to be excluded from the amendment process, while the other argued for its involvement. The resulting compromise, reflected in Article V, ensures that while the President may participate in ceremonial functions related to amendments, they have no official function in their approval or veto.
The process of amending the Constitution begins with the proposal stage, where Congress plays a central role. To propose an amendment, two-thirds of both Houses of Congress must deem it necessary. Alternatively, Congress may call for a convention to propose amendments at the request of two-thirds of the state legislatures. However, this second method has never been used. Once an amendment is proposed, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication without requiring the President's signature or approval.
After the proposal, the amendment proceeds to the ratification stage. Ratification can occur through one of two methods: ratification by the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states. This stage does not involve the President, as the authority to amend the Constitution rests with Congress and the states. Once an amendment is ratified by the required number of states, it becomes an operative part of the Constitution without any further action from the President or Congress.
The exclusion of the President from the constitutional amendment process highlights the checks and balances inherent in the United States government. By bypassing the President, Article V ensures that amendments reflect the will of Congress and the states alone. This process has been affirmed by the Supreme Court, which upheld the absence of a presidential role in the landmark case of Hollingsworth v. Virginia (1798). Thus, the statement "The President has no official function" accurately reflects the President's limited role in amending the Constitution.
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The Archivist's role in administering the ratification process
The Archivist of the United States is responsible for administering the ratification process of amendments to the Constitution. The Archivist's role is to uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law.
The Archivist manages the constitutional amending process, which includes submitting amendments that Congress has proposed to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states ratify them. The Archivist does not make any substantive determinations as to the validity of state ratification actions. However, the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director assists the Archivist in this task by examining ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
In the past, the certification of amendments has become a ceremonial function attended by various dignitaries, including the President. The Archivist performs the duties of the certifying official and signs the certification as a witness.
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Frequently asked questions
Article V of the United States Constitution explains the process for amending the Constitution.
The first step is to propose an amendment. 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 constitutional convention called for by two-thirds of the state legislatures.
The second step is ratification. For an amendment to become part of the Constitution, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
No, 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 is sent to the states for ratification.
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