Isabella Carter
The United States Constitution was designed to be a challenging document to amend, and it has only been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for Congress to call a constitutional convention at the request of two-thirds of state legislatures. However, no amendments have been proposed by a constitutional convention to date. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states. This process ensures that any changes made to the Constitution are carefully considered and have a significant impact on the nation.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution | 27 |
| Number of amendments proposed but not ratified | 6 |
| Number of measures to amend the Constitution proposed in Congress | More than 10,000 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments sent to the states for ratification | 33 |
| Number of amendments ratified by state legislatures | 26 |
| Number of amendments ratified by convention | 1 |
| Minimum number of states required to ratify an amendment | 38 |
| Minimum proportion of the House of Representatives required to propose an amendment | Slightly more than one-third |
| Minimum proportion of the Senate required to propose an amendment | Slightly more than one-third |
| Minimum number of states required to propose an amendment | 13 |
Explore related products
$9.99 $9.99
What You'll Learn
Amendments proposed by Congress
Article V of the US Constitution outlines the process for amending the Constitution. It states that two-thirds of both Houses of Congress must propose an amendment, which is then sent to the states for ratification. Three-quarters of the states must ratify the amendment for it to become part of the Constitution. This process has been used for all amendments so far, with Congress proposing 33 amendments, of which 27 have been ratified.
Congress has proposed several amendments that were not ratified by the states. For example, in 1838, following a duel between two Representatives that resulted in one's death, the Dueling Ban Amendment was proposed to prohibit any person involved in a duel from holding federal office. In 1911, Representative Victor Berger proposed an amendment to abolish the Senate, which he believed to be corrupt and useless. In 1912, Representative Seaborn Roddenbery proposed an anti-miscegenation amendment to forbid interracial marriages nationwide, spurred by the marriage of black boxer Jack Johnson to a white woman. These amendments were considered by Congress but not approved.
Congress has also played a role in proposing amendments related to specific societal issues. For instance, in the lead-up to the Compromise of 1850, John C. Calhoun proposed amendments requiring an equal number of slave and free states and creating two co-Presidents from the North and South. In 1860, as tensions escalated towards the Civil War, Virginia Representative Albert Jenkins proposed an amendment to eliminate the presidency and replace it with two elected officials to ensure equal representation for both Northern and Southern states. These proposals reflected the political climate and tensions of the time.
In addition to proposing amendments, Congress also has the power to choose the ratification method for any given amendment. While most amendments have been ratified by state legislatures, Congress can decide that states must hold conventions for the sole purpose of deciding on ratification. This latter procedure has only been used for the Twenty-First Amendment.
The Power to Amend: Constitution's Authority Source
You may want to see also
Amendments proposed by a convention
For an Article V convention to be called, two-thirds of the state legislatures (34 out of 50) must make the request. This method has never been used, and there are concerns about its potential consequences. For instance, Peter M. Shane writes that a convention could be more malapportioned than Congress, and amendments pending ratification could polarize state-level politics.
Despite never being used, there have been instances where states have requested that Congress convene an Article V convention. According to the National Archives, as of September 22, 1981, thirty states had requested a convention for a balanced budget amendment. However, Congress has never officially tabulated these applications.
If an Article V convention were to be called, it could propose amendments independently of Congress. These proposed amendments would then be sent to the states for ratification. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50).
There are ongoing debates about the specifics of the convention method. One debate revolves around whether Congress must call a convention upon the request of two-thirds of the states. Another debate concerns whether a convention, once called, can be limited to addressing certain topics or if it can propose amendments on subjects beyond the scope of the initial call.
The Right to Vote: Women's Suffrage Amendment
You may want to see also
Ratification by state legislatures
The process of amending the Constitution of the United States is derived from Article V of the Constitution. Article V outlines two methods for proposing amendments to the Constitution. The first method involves Congress proposing an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, allows for two-thirds of state legislatures to request that Congress call a constitutional convention for proposing amendments.
Once an amendment has been proposed, it is sent to the states for ratification. Ratification by state legislatures is one of the methods through which an amendment can be ratified. The other method involves convening a convention in each state for the sole purpose of deciding whether to ratify an amendment. The choice between these two methods is left to Congress.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states, or 38 out of 50 states. This can be achieved through ratification by state legislatures or by conventions in three-quarters of the states, depending on the mode of ratification chosen by Congress.
Historically, with the exception of the Twenty-First Amendment, all amendments to the Constitution have been ratified by state legislatures. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with administering the ratification process to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
The process of ratifying an amendment by state legislatures can be initiated by the state governors, who formally submit the amendment to their state legislatures. In some cases, state legislatures have taken action on a proposed amendment before receiving official notification. It is important to note that the mode of ratification chosen by Congress determines whether an amendment is ratified by state legislatures or by state conventions.
Amendments Removed: The Evolution of Our Constitution
You may want to see also
Explore related products
Ratification by conventions
The Article V convention method has never been used to propose an amendment; however, 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress, and 27 of these have been ratified by three-quarters of the states.
The convention method of ratification loosely approximates a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, thus allowing the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues. The delegates of the conventions—who are presumed to be average citizens—might be less likely to bow to political pressure to accept or reject a given amendment than would be the case with state legislators.
The 21st Amendment, in 1933, is the only amendment that has been ratified through this method. In the 1930s, state lawmakers enacted laws to prepare for the possibility of Congress specifying the convention method of ratification. In Delaware, for instance, the governor announces an election of delegates, with the latest date being the next general election held at least three months after the amendment has been proposed.
Some proponents of a convention express doubt that an Article V convention would exceed its scope, in light of the United States' experience with state constitutional conventions. Over 600 state constitutional conventions have been held to amend state constitutions, with little evidence that any of them have exceeded their scope.
Trump's Constitutional Violations: Which Amendments Were Broken?
You may want to see also
The Archivist's role in the process
The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process when an amendment is proposed by Congress. The Archivist works in accordance with 1 U.S.C. 106b, following procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
The Archivist has delegated many of the administrative duties to the Director of the Federal Register (OFR). Once an amendment is proposed by Congress, the original document is sent to the OFR for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format, as well as an information package for the states.
The OFR verifies that the required number of authenticated ratification documents has been received from the states. Once this is achieved, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to the nation and Congress that the amendment process is complete.
The Archivist does not make any determinations on the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, including, on occasion, the President.
Texas' Constitution: Last Amendments and Future Changes
You may want to see also
Frequently asked questions
Article V of the United States Constitution outlines the procedure for altering the Constitution. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called by two-thirds of state legislatures.
For an amendment to become part of the Constitution, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
All amendments except one (the Twenty-First Amendment) have been ratified by state legislatures.
The President does not have a constitutional role in the amendment process.
No, this view has been challenged by several widely accepted judicial decisions and the evolution of constitutional institutions.
