Omar Bennett
Article V of the U.S. Constitution outlines the formal process for proposing and ratifying amendments. This article establishes two methods for proposing amendments: Congress can propose an amendment with a two-thirds majority vote in both houses, or two-thirds of state legislatures can apply for a constitutional convention to propose amendments. Proposed amendments become part of the Constitution once ratified by three-fourths of state legislatures or conventions. While Article V provides procedures for amendment, some argue that other methods not outlined in the article can also be used to amend the Constitution.
| Characteristics | Values |
|---|---|
| Article of the Constitution that explains the formal amendment process | V |
| Authority to amend the Constitution | 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 |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by the states | 27 |
| Number of amendments proposed by Congress but not ratified by the states | 6 |
| Number of amendments required for ratification | 38 of 50 States |
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What You'll Learn
Article V outlines the formal amendment process
Once an amendment is proposed, it must be ratified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). This ratification can be done by state legislatures or conventions, depending on what Congress has specified.
The Office of the Federal Register (OFR) plays a crucial role in the amendment process. It examines ratification documents for legal sufficiency and an authenticating signature. Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist of the United States 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 that the amendment process is complete.
It is important to note that Article V does not describe the ratification process in detail, and there have been arguments that methods outside of Article V can be used to amend the Constitution. Nonetheless, Congress has used Article V's procedures to propose 33 constitutional amendments, with 27 of these being ratified by the states.
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Two methods of proposing amendments
Article V of the US Constitution outlines two methods for proposing amendments.
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 to propose amendments. At least 11,000 proposals to amend the Constitution have been introduced in Congress, but only around thirty-three have been approved by the two-thirds majority in each house required for submission to the states for ratification.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method was included in the Constitution to ensure that Congress would not be the only body with the power to propose amendments.
Once an amendment is proposed by either of these methods, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The states can ratify an amendment either through their legislatures or through conventions, depending on what Congress specifies.
The process of amending the US Constitution is deliberately challenging, requiring supermajorities in both the proposal and ratification stages. This ensures that any changes made to the Constitution reflect broad consensus and support across the country.
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Ratification by state legislatures
The authority to amend the Constitution of the United States is derived from its Article V. This article also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments.
The mode of ratification is determined by Congress, and in neither of the two processes is a vote by the electorate applicable to the ratification of a constitutional amendment. Article V makes no mention of a time limit for the ratification of a constitutional amendment, and no amendment before the 20th century had a time limit attached to it. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments.
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. The Director of the Federal Register follows procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility in 1985.
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. The Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
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 to the Congress and to the Nation that the amendment process has been completed.
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The role of the Archivist
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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 ministerial duties associated with this function to the Director of the Federal Register.
The Archivist's role in the amendment process includes submitting the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by the OFR. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register.
The OFR examines 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. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
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 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 to Congress and the Nation that the amendment process has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In addition to their role in the amendment process, the Archivist of the United States has other duties and responsibilities. They are responsible for the supervision and direction of the National Archives, including maintaining custody of state ratifications of amendments to the Constitution and other important documents such as Electoral College documents and original versions of all statutes of the United States.
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The role of the Director of the Federal Register
The Director of the Federal Register is responsible for leading the Office of the Federal Register (OFR), which publishes the official text of Federal laws, Presidential documents, and administrative regulations and notices. The OFR also prepares descriptions of Federal organizations, programs, and activities, coordinates the functions of the Electoral College, and administers the constitutional amendment process.
The Director of the Federal Register has the legal authority to implement and enforce regulations of the Administrative Committee of the Federal Register (ACFR) under a general delegation of authority from the ACFR. The ACFR was established in 1935 under the Federal Register Act (FRA) as a permanent executive/legislative branch authority charged with overseeing the functions of the Federal Register publication system. The ACFR has rulemaking authority to set prices, prescribe the manner and form of Federal Register publication and distribution to customers, and ensure proper organization of materials and codification of amendments.
The Federal Register is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated annually.
The current Director of the Federal Register is Oliver Potts, who was appointed in August 2015. He holds a BA in Government and Politics and a JD from the University of Connecticut School of Law. Potts has served in the Federal government for more than 15 years, most recently as Deputy Executive Secretary at the Department of Health and Human Services (HHS).
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Frequently asked questions
Article V of the US Constitution explains the formal amendment process.
An amendment 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 the State legislatures.
The proposed amendment is forwarded to NARA'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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
