Jonah Patel
The process of amending the US Constitution is outlined in Article V, which provides two methods for doing so. The first method, which has been used for all 33 amendments submitted to the states for ratification, involves Congress proposing an amendment with a two-thirds majority vote in both the House and the Senate. The second method, which has never been used, allows for a constitutional convention to be called upon the request of two-thirds of the state legislatures. This method provides a way for states to bypass Congress and propose amendments directly, but it has not been invoked in the history of the US Constitution.
| Characteristics | Values |
|---|---|
| Method of proposing amendments | Convention for proposing amendments upon the request of two-thirds of the state legislatures |
| Number of times used | 0 |
| Who can call the convention | Congress |
| Who proposes the amendment | The convention |
| Who ratifies the amendment | Three-fourths of the states |
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What You'll Learn
The convention option has never been invoked
The United States Constitution is not easy to amend. Since its adoption, only 27 amendments have been added to the Constitution. Article V of the Constitution, which lays out the procedures for amending the Constitution, has never been amended.
Article V provides two methods for amending the Constitution. The first method, which has been used for all 33 amendments submitted to the states for ratification, authorizes Congress to propose an amendment whenever two-thirds of both Houses deem it necessary. The second method, the convention option, has never been invoked. This method allows two-thirds of the state legislatures to call for a convention to propose amendments, bypassing Congress. The proposed amendments would then be sent to the states for ratification, with three-quarters of the states needing to ratify for it to become part of the Constitution.
The convention option provides a way for the states to have more direct control over the amendment process, without needing to go through Congress. However, despite being suggested by Alexander Hamilton as a tool to enable state legislatures to "erect barriers against the encroachments of the national authority", it has never been used. All amendments have originated in Congress, with the first method being used every time the Article V process has been initiated since 1789.
The difficulty of amending the Constitution was intentional on the part of the Framers. They believed that a long and complicated amendment process would help create stability in the United States. As a result, amendments are usually permanent, and the Constitution remains the supreme law of the land.
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Article V has never been amended
Article V of the United States Constitution outlines the procedures for amending the Constitution. It states that amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, Article V provides that Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures.
While Article V lays out the process for amending the Constitution, it does not explicitly state whether these procedures apply to amending Article V itself. Law professor George Mader notes that there have been numerous proposals to amend the Constitution's amending procedures, and it is generally accepted that constitutional amending provisions can be used to amend themselves.
Despite this, Article V has never been amended. Each time the Article V process has been initiated since 1789, the first method for crafting and proposing amendments has been used. All 33 amendments submitted to the states for ratification originated in Congress. The second method, the convention option, has yet to be invoked.
The process of amending the Constitution is intentionally designed to be difficult. The Framers, the men who wrote the Constitution, believed that a long and complicated amendment process would help create stability in the United States. As a result, many proposed amendments never reach ratification. Once an amendment is ratified, it is considered part of the Constitution and cannot be changed except through another amendment.
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Amendments are rarely temporary
The process of amending the US Constitution is intentionally designed to be long and complicated. The Framers, the men who wrote the Constitution, wanted to ensure stability in the country. As a result, amendments are rarely temporary. Once an amendment is ratified, it is considered part of the Constitution and cannot be changed except through another amendment. This makes the process of amending the Constitution the most difficult and permanent way of changing laws in the United States.
Article V of the Constitution outlines the procedures for amending it. It provides two methods for proposing amendments: the first method, which has been used for all amendments so far, involves Congress proposing 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, involves calling a constitutional convention upon the request of two-thirds of the state legislatures. This convention can propose amendments without Congress's approval, but the amendments must still be ratified by three-fourths of the states.
While most amendments have become permanent, there have been instances where amendments were rejected or became ineffective. For example, the Equal Rights Amendment (ERA), which aimed to prevent federal and state governments from denying equal rights based on sex, was approved by Congress but failed to receive enough state ratifications. Additionally, some amendments only became effective due to external changes in the country, such as the Fifteenth Amendment, which guaranteed the right to vote regardless of race, but was added during a time of racial discrimination.
Despite the difficulty in amending the Constitution, there have been thousands of proposed amendments. Activists have often pushed for constitutional amendments as a way to create lasting change. However, only 33 amendments have been approved by Congress and sent to the states for ratification, with 27 of these successfully ratified and becoming part of the Constitution. This highlights the rarity of temporary amendments, as the high bar for ratification ensures that approved amendments are generally long-lasting.
The permanence of amendments is a feature of the Constitution's design. The Framers intended to balance the need for a mutable Constitution with the need to prevent extreme difficulty in correcting its faults. As a result, while the process is challenging, it is possible to amend the Constitution, and these amendments are rarely temporary.
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The President doesn't have a role in the amendment process
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. The Constitution does not establish a role for the President in the amendment process. The President does not have a constitutional role in amending the Constitution, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration (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.
While the President does not have a formal role in the amendment process, there have been instances of Presidents playing an informal, ministerial role. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery, even though his signature was not required for its proposal or ratification.
In the 1920 case Hawke v. Smith, the Supreme Court affirmed that the submission of a constitutional amendment did not require the action of the President. This was further evidenced by President Jimmy Carter, who signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
The authority to amend the Constitution lies with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon the request of two-thirds of the state legislatures, although this method has never been used. Once an amendment is proposed, it is sent to the states for ratification. Three-fourths of the states, or 38 out of 50, must ratify the amendment for it to become part of the Constitution.
The process of amending the Constitution is deliberately challenging, reflecting the Framers' intention to promote stability in the country. As a result, amendments are typically permanent and represent the most significant way of changing laws in the United States.
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The Archivist has a key role in the process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in the process of amending the Constitution. While Congress proposes amendments, it is the Archivist who is responsible for administering the ratification process. This involves coordinating with the Director of the Federal Register and following established procedures and customs.
Once Congress proposes an amendment, the Archivist submits it to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
The Archivist's role is primarily administrative, ensuring the smooth flow of information and documentation between Congress and the States during the amendment process. They do not make any substantive determinations regarding the validity of State ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
When the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies that the amendment is valid and has become part of the Constitution. 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.
It is important to note that the Archivist's role in the amendment process is largely procedural, ensuring that the proper steps are followed and that the necessary documentation is in order. The Archivist does not have the authority to approve or reject proposed amendments but rather facilitates the process to ensure its integrity and compliance with established procedures.
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Frequently asked questions
The 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. Then, three-fourths of all states must ratify the amendment, either in their statehouses or at a special convention.
The second method of amending the US Constitution, as outlined in Article V, has never been used. This method involves calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
The Framers, the men who wrote the Constitution, wanted the amendment process to be difficult to create stability in the United States. As a result, it is challenging to amend the Constitution, and amendments are typically permanent.
There have been more than 10,000 measures to amend the Constitution proposed in Congress. Out of these, 33 amendments have been approved by Congress and sent to the states for ratification. 27 of these amendments have been ratified and are now part of the Constitution.
