Eleanor Finch
The process of amending the U.S. Constitution is a complex one, with several steps involved. The government institution that may vote on constitutional amendments is the legislative branch, specifically, the United States Congress, which includes both the House of Representatives and the Senate. A proposed amendment must first be introduced in Congress, by a member of either the House or the Senate, and it then goes through a series of discussions and deliberations in relevant committees and subcommittees. If the proposed amendment gains support, it moves on to be voted on by the full House and Senate, requiring a two-thirds majority vote in both for it to pass. Following this, the amendment is sent to the legislatures of all 50 states for consideration and ratification. Alternatively, Congress can call a national convention for proposing amendments upon the request of two-thirds of the state legislatures. For an amendment to be ratified and become part of the Constitution, it must be approved by three-fourths of the state legislatures or by conventions in the same number of states.
| Characteristics | Values |
|---|---|
| Government Institution | Legislative branch |
| United States Congress | |
| House of Representatives | |
| Senate | |
| Process | Proposed amendment introduced in Congress |
| Discussions and deliberations in committees and subcommittees | |
| Vote by full House and Senate | |
| Ratification by states | |
| Ratification by three-fourths of state legislatures | |
| Ratification by conventions in three-fourths of states | |
| Ratification by state legislatures of all 50 states |
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What You'll Learn
The legislative branch
The process of amending the U.S. Constitution is a lengthy one. First, a proposed amendment must be introduced in Congress, by a member of the House or the Senate. It then goes through a series of discussions and deliberations in relevant committees and subcommittees. If the proposed amendment gains support, it moves on to be voted on by the full House and Senate.
For a constitutional amendment to pass, it requires a two-thirds majority vote in both the House and the Senate. This is a vote of two-thirds of the members present, not a vote of two-thirds of the entire membership, present and absent. If the proposed amendment receives the necessary votes, it moves on to the next stage, which is ratification by the states.
At this point, the amendment is sent to the legislatures of all 50 states for consideration. Three-fourths of the states, or 38 out of 50, must ratify the amendment for it to become part of the Constitution. This can be done either through their legislatures or by conventions in the same number of states.
Alternatively, Congress can call a national convention for proposing amendments upon the request of two-thirds of the state legislatures. This method has been used to propose amendments that are generally opposed to Congress's institutional interests, as it allows states to bypass Congress. However, it is important to note that no amendment proposed through this method has ever been added to the Constitution.
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The House of Representatives
The United States Constitution, under Article V, outlines the process of proposing and ratifying amendments. Amendments may be proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in the House of Representatives must vote in favour of the amendment for it to be proposed.
It is important to note that the President does not have a constitutional role in this amendment process. The joint resolution proposing the amendment is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. This ensures that the executive branch, including the President, does not influence the initial stages of the amendment process.
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The Senate
The United States Congress, which includes the House of Representatives and the Senate, can vote on constitutional amendments. The process of amending the U.S. Constitution is outlined as follows: a proposed amendment must first be introduced in Congress by a member of the House or the Senate. The proposal is then deliberated in relevant committees and subcommittees. If the proposal gains enough support, it moves on to be voted on by the full House and Senate. A two-thirds majority vote is required in both the House and the Senate for the amendment to pass.
An example of a significant amendment involving the Senate is the Seventeenth Amendment, which provided for the direct election of senators by the people. Before the Seventeenth Amendment, senators were elected by state legislatures. However, after disputes and deadlocks among state legislators over Senate elections, a movement emerged advocating for direct election. Senator Joseph Bristow of Kansas proposed a Senate resolution to amend the Constitution in 1911, and it gained support from other senators. The resolution passed the Senate and then the House of Representatives before being ratified by the states, with Connecticut's approval securing the required three-fourths majority.
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Two-thirds majority required
The legislative branch of the United States Congress, including both the House of Representatives and the Senate, may vote on constitutional amendments. The process of amending the U.S. Constitution is a detailed one. First, a proposed amendment must be introduced in Congress by a member of the House or the Senate. The proposal is then deliberated in relevant committees and subcommittees. If the proposed amendment gains support, it moves on to be voted on by the full House and Senate.
For an amendment to pass, a two-thirds majority vote is required in both the House and the Senate. This means that two-thirds of the members present in each house must vote in favour of the amendment. This is an important distinction, as it is not a vote of two-thirds of the entire membership of each house, but rather of those present during the vote.
If the amendment receives the necessary votes, it moves on to the next stage of ratification by the states. At this point, the amendment is sent to the legislatures of all 50 states for consideration. The amendment must then be ratified by three-fourths of the state legislatures, or by conventions in the same number of states, for it to become part of the Constitution.
It is worth noting that there is another method for proposing amendments, which involves Congress calling a national convention upon the request of two-thirds of the state legislatures. However, the first method, which requires a two-thirds majority vote in both the House and the Senate, has been the route used for all amendments proposed so far.
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Ratification by states
The process of amending the U.S. Constitution involves several steps. Once a proposed amendment has passed with a two-thirds majority vote in both the House and the Senate, it moves on to the next stage, which is ratification by the states.
At this point, the amendment is sent to the legislatures of all 50 states for 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 (currently 38 out of 50) of the state legislatures or by conventions in the same number of states. Once the required number of states has ratified the amendment, it becomes part of the U.S. Constitution.
This process ensures that the Constitution remains adaptable to the changing needs and circumstances of the nation. It is important to note that Article V, which outlines the process for amending the Constitution, does not specify a time limit for the ratification of a constitutional amendment. However, Congress has attached a time limit to the ratification of proposed amendments in recent years.
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Frequently asked questions
The legislative branch, specifically the United States Congress, which includes the House of Representatives and the Senate.
First, a proposed amendment must be introduced and approved by Congress, with a two-thirds majority vote in both the House and the Senate. If the proposed amendment receives the necessary votes, it moves on to the next stage, which is ratification by the states. At this point, the amendment is sent to the legislatures of all 50 states for consideration, with three-fourths of the states needing to ratify for it to become part of the Constitution.
The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights. Some notable amendments include:
- The Seventeenth Amendment, which provided that Senators are elected by popular vote rather than by state legislators.
- Amendments that gave women the right to vote, enacted and repealed Prohibition, abolished poll taxes, and lowered the minimum voting age from 21 to 18.
