Malcolm Rivera
The United States Constitution outlines two methods for proposing amendments. The first method, which has been used for all amendments so far, is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, is for a constitutional convention to be called upon request by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process of proposing and ratifying amendments has been followed by Congress to propose thirty-three constitutional amendments, with the first 10 amendments, known as the Bill of Rights, being proposed in 1789.
| Characteristics | Values |
|---|---|
| Number of methods to propose amendments | 2 |
| First method | Two-thirds of both Houses of Congress propose Amendments |
| Second method | Two-thirds of the State legislatures call a Convention for proposing Amendments |
| Amendment proposal format | Joint resolution |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
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What You'll Learn
Two-thirds majority in both Houses
The United States Constitution provides two methods for proposing amendments. The first method, which has been used for all amendments so far, is through a two-thirds majority vote in both Houses of Congress. This process, outlined in Article V of the Constitution, allows Congress to propose amendments whenever two-thirds of both Houses deem it necessary. This vote is based on the members present, assuming a quorum, rather than the entire membership.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. It is important to note that the President does not have a constitutional role in this process. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur in two ways: by a three-fourths majority vote of the state legislatures or by conventions in three-fourths of the states. This process ensures that any proposed amendment has broad support across the country.
The first Congress of the United States proposed twelve amendments to the Constitution on September 25, 1789. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and became known as the Bill of Rights. The Bill of Rights includes the first ten amendments to the Constitution, with Article 2 being ratified as the 27th Amendment in 1992.
While the two-thirds majority in both Houses of Congress is a critical step in proposing amendments, it is just the beginning of the process. The ratification process, which involves the state legislatures or conventions, is equally important in ensuring that any changes to the Constitution reflect the will of the people and are in the best interests of the nation.
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Two-thirds of state legislatures
The process of amending the US Constitution is outlined in Article V, which establishes two methods for proposing amendments. One method involves Congress, and the other involves the state legislatures.
The first method, as per Article V, states that "The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution". This means that for an amendment to be proposed by Congress, a two-thirds majority in both the House of Representatives and the Senate is required. This process has been utilized multiple times throughout history, resulting in thirty-three proposed amendments, which were then sent to the states for potential ratification.
The second method, also outlined in Article V, states that "on the Application of the Legislatures of two-thirds of the several States, [Congress shall] call a Convention for proposing Amendments". In simpler terms, if two-thirds of state legislatures apply for a convention, Congress must call for one, during which amendments to the Constitution can be proposed. This method has rarely been used and has faced some procedural uncertainties.
It is worth noting that the US Constitution is challenging to change and has only been formally amended 27 times, with the last amendment being added in 1992, 203 years after it was initially proposed. On the other hand, state constitutions are amended more frequently and with more ease. The current constitutions of the 50 states have been amended approximately 7,000 times.
The process of amending state constitutions varies across the country. Some states require majority support from legislators, while others mandate supermajority backing. The requirements for legislative support can also differ, with some states needing a single session and others requiring two consecutive sessions.
In conclusion, while Congress plays a crucial role in proposing amendments to the US Constitution, two-thirds of state legislatures can also initiate the process by applying for a convention. This multi-layered approach ensures that any changes made to the nation's founding document undergo rigorous scrutiny and receive broad support.
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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. Amendments to the Constitution can be proposed by Congress or by a convention of state legislatures. In the former method, two-thirds of both Houses of Congress must deem it necessary to propose an amendment. This vote is a two-thirds majority of members present, assuming a quorum, rather than two-thirds of the entire membership. This method has been used to propose 33 amendments to the Constitution.
Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. Congress decides whether the proposed amendment will be ratified by state legislatures or state ratifying conventions. The vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of the state's population or length of time in the Union.
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. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then 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 order, the Director acknowledges receipt and maintains custody of them.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. This process was used to ratify the 1933 Twenty-First Amendment, which is the only amendment to be ratified by state convention.
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The Bill of Rights
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. The 1789 Joint Resolution of Congress proposing the amendments is on display in the Rotunda in the National Archives Museum. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and form what is known as the "Bill of Rights". The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, to assemble, and other natural and legal rights. The amendments also include explicit limitations on the government's power in judicial and other proceedings, declaring that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
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The President's non-involvement
The President does not have a constitutional role in the process of proposing amendments to the Constitution. The authority to propose amendments rests with Congress, which can initiate the process whenever two-thirds of both Houses deem it necessary. This method of proposing amendments, outlined in Article V of the Constitution, has been followed by Congress to propose thirty-three constitutional amendments.
The absence of the President's involvement in proposing amendments is further highlighted by the fact 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 (NARA) for processing and publication. The role of the President in transmitting proposed amendments to the states for potential ratification, as seen in the actions of President George Washington, is more ministerial in nature.
The Supreme Court's decision in Hollingsworth v. Virginia in 1798 affirmed that the submission of a constitutional amendment does not require the action or approval of the President. This precedent was reinforced in the 1920 case of Hawke v. Smith, where the Court characterized its earlier decision as settling that the President's approval is unnecessary for a proposed amendment. The Court's rulings indicate that the President cannot veto a proposed amendment.
While the President may participate in the ceremonial signing of the certification of an amendment, this is not a constitutional requirement. For example, President Johnson and President Nixon witnessed the certification of amendments but did not sign them. The certification is officially drafted and published by the Archivist of the United States or the Director of the Federal Register, who are responsible for administering the ratification process under federal law.
In summary, the President's non-involvement in proposing amendments to the Constitution is a well-established principle. The authority to initiate and propose amendments rests with Congress, and the Supreme Court has affirmed that the President neither has a role in the submission nor the approval of amendments. The President's participation in the process is limited to a ceremonial capacity, underscoring the executive branch's detachment from the constitutional amendment process.
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Frequently asked questions
The Congress proposes amendments to the Constitution.
Two-thirds of both Houses of Congress must vote for an amendment for it to be proposed.
The proposed amendment is sent to the states for ratification.
Three-fourths of the states (38 out of 50) must ratify an amendment for it to become part of the Constitution.
No, all 27 amendments to the Constitution have been proposed by Congress.
