Jonah Patel
Article V of the United States Constitution outlines the process for amending the Constitution. The Article sets forth two methods for proposing amendments: the first is through a two-thirds majority vote in both the House of Representatives and the Senate, and the second is by 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. The President does not have a constitutional role in the amendment process, and the amendment becomes part of the Constitution as soon as the required number of states ratify it.
| 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 called for by two-thirds of state legislatures |
| Amendment Ratification | By legislatures of three-fourths of the states, or by conventions in three-fourths of the states |
| Number of Amendments Proposed by Congress | 33 |
| Number of Amendments Ratified by States | 27 |
| Number of Amendments Proposed but Not Ratified | 6 |
| First Ten Amendments | The Bill of Rights |
| Year by Which No Amendment Could Affect Certain Clauses | 1808 |
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What You'll Learn
The role of Congress
Article V of the United States Constitution outlines the process for amending the Constitution and the role of Congress in this process. This article establishes Congress's crucial role in proposing and approving amendments to the Constitution.
Congress plays a central role in initiating the amendment process. According to Article V, whenever two-thirds of both Houses of Congress deem it necessary, they shall propose amendments to the Constitution. This proposal takes the form of a joint resolution, which does not require the approval or signature of the President. In other words, Congress has the power to propose changes to the Constitution independently, without executive involvement.
The joint resolution is then forwarded to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) within NARA. The OFR is responsible for processing and publishing the joint resolution, adding legislative history notes, and creating an information package for the states. This package includes formal "red-line" copies and slip law format copies of the joint resolution.
Congress also has the option to call for a constitutional convention for proposing amendments. This option can be exercised when two-thirds of the state legislatures request it. However, in practice, all 33 amendments submitted for ratification have originated in Congress, and the convention option has never been utilised.
After the proposal stage, Congress determines the mode of ratification. The amendment must be ratified by either the legislatures of three-fourths of the states (38 out of 50 states) or by ratifying conventions in three-fourths of the states. This decision is made by Congress, allowing them to choose the path to ratification.
Once the amendment is ratified, the OFR verifies the receipt of the required number of authenticated ratification documents. A formal proclamation is then drafted for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution. This certification serves as official notice to Congress and the nation that the amendment process is complete.
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Ratification by state legislatures
Article V of the US Constitution outlines the process for amending the Constitution. It establishes two methods for proposing amendments:
- Congress proposes amendments after a two-thirds majority vote in both the House of Representatives and the Senate; or
- A constitutional convention is called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is sent to the states for ratification. This is where the process of "Ratification by state legislatures" comes into play.
This is the first method of ratification outlined in Article V. After Congress proposes an amendment, it is sent to the states for their consideration. Each state legislature then discusses and votes on whether to ratify (approve) the amendment. This process occurs simultaneously in all states, and the amendment must be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. This requirement ensures that a supermajority of states agree to the amendment, reflecting a broad consensus across the country.
The specific procedures for how each state legislature ratifies an amendment may vary, as Article V does not outline the ratification process in detail. However, once a state ratifies an amendment, it sends an original or certified copy of its ratification to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist, along with the Director of the Federal Register, follows established procedures and customs to manage the ratification process.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution is not sent to the White House for signature or approval. However, in recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President in some cases.
The process of "Ratification by state legislatures" is a crucial step in amending the US Constitution, ensuring that any changes to our nation's founding document reflect the will of the people as expressed through their elected state representatives.
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The President's involvement
Article V of the United States Constitution outlines the process for amending the Constitution. While the President does not have a constitutional role in the amendment process, they may be involved in the signing of the certification as a witness, as was the case with President Johnson for the 24th and 25th Amendments, and President Nixon for the 26th Amendment. This ceremony also included three young scholars as witnesses.
The process of amending the Constitution involves proposing an amendment or amendments, and subsequent ratification. Amendments can 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 state legislatures. The President does not have a role in this process, and the joint resolution does not require their signature or approval.
The proposed amendment becomes part of the Constitution once ratified by three-quarters of the States (38 out of 50). The Office of the Federal Register (OFR) verifies the receipt of the required number of authenticated ratification documents, then 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 Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist does not make substantive determinations on the validity of state ratification actions, but their certification is final and conclusive. While the President may be present as a witness during the signing ceremony, they do not have any official function in this process, as affirmed by the Supreme Court in Hollingsworth v. Virginia (1798).
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The Archivist's role
Article V of the United States Constitution outlines the process for amending the Constitution. It establishes the procedures for proposing and ratifying amendments, with two methods for proposing amendments.
The Archivist works closely with the Director of the Federal Register, to whom many ministerial duties have been delegated. Once an amendment is proposed by Congress or a constitutional convention, the original document is sent to the Office of the Federal Register (OFR) within NARA. The OFR adds legislative history notes, publishes the joint resolution, and prepares an information package for the states.
The OFR also verifies the receipt of authenticated ratification documents from the states. Once the required number of ratifications is reached (currently 38 out of 50 states), the OFR drafts a formal proclamation for the Archivist to certify. This certification confirms the validity of the amendment, and its inclusion in the Constitution, serving as official notice to Congress and the nation. The Archivist's signature on the certification has become a ceremonial event witnessed by dignitaries, including, on occasion, the President.
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Amendments outside Article V
Article V of the US Constitution outlines the process for amending the Constitution. 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, they shall call a convention for proposing Amendments. For an amendment to become part of the Constitution, it must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states.
However, there have been debates and discussions about amending the Constitution outside of the framework provided by Article V. Some legal scholars, such as Akhil Reed Amar, have argued that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. Amar suggests that the Constitution may be amended by a national popular referendum or a comparable mechanism. This view challenges the conventional interpretation of Article V as the exclusive mechanism for lawful constitutional amendment.
Bruce Ackerman, another scholar, has also advanced a theory of constitutional change outside of Article V, although he does not suggest that new words have been added to the Constitution's text by a procedure that does not follow Article V. The success or failure of an attempted amendment depends on social acceptance, which may involve factors beyond strict adherence to the rules set out in Article V. This suggests that there may be a degree of flexibility in the amendment process that is not always recognized.
Additionally, it is worth noting that while Article V establishes procedures for proposing and ratifying amendments, it does not provide a detailed description of the ratification process. The specific steps are carried out by the Archivist of the United States and the Director of the Federal Register, who follow established procedures and customs.
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Frequently asked questions
Article V of the U.S. Constitution outlines 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. To become part of the Constitution, an amendment 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. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services.
