Isabella Carter
The Constitution of the United States can be amended by 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. This process is outlined in Article V of the Constitution. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part 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. This process has been used to amend the Constitution 27 times, with the most recent amendment being certified in 1992.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal | Constitutional convention called for by two-thirds of State legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment certification | Archivist of the United States |
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What You'll Learn
Two-thirds majority in both houses
The United States Constitution outlines two methods for proposing amendments. The first method, which has been used for all 27 amendments, requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least two-thirds of the members present in each house must vote in favour of the proposed amendment. It is important to note that this is not a vote of all members, but only those present, assuming a quorum is met.
The second method, which has never been used, is a constitutional convention called for by two-thirds of the state legislatures. This method bypasses Congress and allows the states to propose amendments directly. However, even in this case, the proposed amendment must still be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The process of amending the Constitution is a rigorous and deliberate one, designed to ensure that any changes made are carefully considered and broadly supported. The two-thirds majority requirement in both houses plays a crucial role in this process, serving as a significant hurdle that any proposed amendment must clear before moving forward.
Once an amendment is proposed by Congress or a constitutional convention, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The amendment is then sent to the states for ratification, where it must be approved by either the state legislatures or conventions in three-fourths of the states.
The two-thirds majority requirement in both houses of Congress is a critical step in the amendment process, ensuring that any changes to the Constitution reflect the consensus of a supermajority in both the House of Representatives and the Senate. This requirement helps to maintain the stability and integrity of the Constitution while also allowing for necessary amendments to be made when deemed appropriate by a significant portion of both chambers.
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Two-thirds of state legislatures
The US Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose an amendment. However, it is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
State legislatures play a crucial role in the amendment process, as they can initiate the proposal for an amendment through a constitutional convention. This involves two-thirds of the state legislatures coming together to call for a convention, demonstrating a significant level of support for the proposed amendment. While this mechanism exists, it has not been utilized in the history of constitutional amendments.
The process of amending the Constitution through a convention called by two-thirds of state legislatures begins with the legislatures themselves. Each state legislature must pass a resolution or similar measure to call for the convention. This step ensures that there is widespread support among the states for the proposed amendment and that it is not just an initiative driven by a single state or a small group of states.
Once the required number of state legislatures has called for the convention, the process of organizing and conducting the convention takes place. This typically involves determining the rules and procedures for the convention, selecting representatives to participate, and setting an agenda for discussions. The convention provides a forum for debate and deliberation on the proposed amendment, allowing for input and compromise from a wide range of stakeholders.
During the constitutional convention, the proposed amendment is discussed, debated, and finalized. This includes considering the specific wording and scope of the amendment to ensure it achieves the intended purpose. The convention participants work towards building consensus and agreeing on the final text of the amendment. While the convention process can vary, it ultimately aims to produce a well-considered and broadly supported amendment proposal.
Following the convention, the proposed amendment enters the ratification process. Similar to the proposal stage, ratification requires the approval of three-fourths of the states (38 out of 50 states). Each state has its own process for ratifying amendments, which may include legislative votes, governor approval, or even voter referendums. The ratification process ensures that the amendment receives broad support across the country and is not imposed on states without their consent.
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Ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. After an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This can be done through the state legislatures or state ratifying conventions, with Congress deciding the mode of ratification. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), and the Director of the Federal Register.
Once the required number of authenticated ratification documents is received by NARA's Office of the Federal Register (OFR), a formal proclamation is drafted 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 signing of this certification has become a ceremonial function attended by dignitaries, including sometimes the President.
The process of amending the Constitution through ratification by three-fourths of the states has been utilized throughout history, with the Twenty-first Amendment being the only amendment ratified by state convention method. The Twenty-fourth, Twenty-fifth, and Twenty-sixth Amendments included ratification deadlines inserted by Congress to avoid extraneous language in the Constitution. In United States v. Sprague (1931), the Supreme Court affirmed Congress's authority to decide the mode of ratification for each amendment.
While the length of time between proposal and ratification was once considered a political and non-justiciable question, the precedent set by Coleman v. Miller (1939) established that the timing of ratification is irrelevant to the validity of an amendment. This was demonstrated in 1992 when the Archivist proclaimed the Twenty-seventh Amendment as ratified, even though it had been proposed much earlier. The certification of the Twenty-seventh Amendment was signed by the Archivist and witnessed by the Director of the Federal Register.
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The President's non-involvement
The President does not have a constitutional role in the amendment process. This means that the joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format.
The Constitution of the United States outlines the process for amending it in Article V. This article establishes two methods for proposing amendments. The first method, which has been used for all amendments so far, requires both the House of Representatives and the Senate to propose a constitutional amendment by a two-thirds majority vote. This vote is based on the number of members present, assuming a quorum, rather than the entire membership. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. In both cases, the amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
While the President does not have a direct role in the amendment process, they may be involved in the ceremonial signing of the certification for a proposed amendment. For example, President Johnson and President Nixon witnessed the certification of amendments during their respective administrations. However, this is not a constitutional requirement, and the absence of the President from this ceremony does not affect the validity of the amendment.
The process of amending the Constitution is carefully designed to ensure a balance of power and maintain the integrity of the document. By requiring a supermajority in Congress or the involvement of a majority of states, the process ensures that any changes to the Constitution reflect the consensus of a significant portion of the country. Additionally, the absence of the President's involvement in the amendment process further reinforces the separation of powers and prevents any undue influence from the executive branch on the content and structure of the Constitution.
In conclusion, the President's non-involvement in the constitutional amendment process is a deliberate aspect of the United States' system of checks and balances. By excluding the President, the process relies solely on Congress and the states, ensuring that any amendments reflect the will of the people as represented by their legislators and protecting the Constitution as the foundational document of the nation.
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The Archivist's role
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when an amendment to the Constitution is proposed. This responsibility is derived from Article V of the Constitution and 1 U.S.C. 106b.
The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director of the Federal Register signs the certification as a witness, as they did for the 27th Amendment. The Archivist's role is to follow the procedures and customs established by the Secretary of State and the Administrator of General Services, who performed these duties until NARA assumed responsibility as an independent agency in 1985.
The Archivist does not make any substantive determinations as to the validity of State ratification actions. However, it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. 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.
In addition to the above, the Archivist is also responsible for maintaining the records and documents related to the amendment process, including the original joint resolution proposing the amendment and the authenticated ratification documents received from the States. The Archivist also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
The Congress proposes an amendment in the form of a joint resolution. This requires a two-thirds majority vote in both the House of Representatives and the Senate. The resolution is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The OFR, a part of NARA, adds legislative history notes to the joint resolution and publishes it.
The proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50). The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity.
No, none of the amendments to the Constitution have been proposed by a constitutional convention. All amendments have been proposed by Congress with a two-thirds majority vote in both Houses.
