Amending The Constitution: Methods And Procedures

Article V of the Constitution outlines two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second involves a constitutional convention called for 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 is administered by the Archivist of the United States, who submits the proposed amendment to the states for consideration. Despite the availability of the convention method, all amendments so far have been proposed through Congress.

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Two-thirds majority in Congress

The Constitution of the United States outlines two methods for proposing amendments. One of these methods is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used for all 27 amendments ratified so far.

Congress has introduced at least 11,000 proposals to amend the Constitution, but only 33 have achieved the two-thirds majority in each house required for submission to the states for ratification. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the states, including formal "red-line" copies of the joint resolution and copies in slip law format.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. 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 of the States (38 out of 50). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify 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.

The convention method, which has never been used, was included in the Constitution as a way to bypass the federal government. However, this method has faced challenges due to the fear of a "runaway convention," where a convention called to propose amendments on one subject instead proposes them on other matters.

Convention called by two-thirds of states

The United States Constitution outlines two methods for proposing amendments, as stated in Article V. One of these methods involves a convention called by two-thirds of the state legislatures. This process, also known as an Article V Convention, has never been used to propose an amendment, but it has come close on several occasions.

To initiate this process, two-thirds of the state legislatures (34 out of 50 states) must apply for a convention. This convention would then propose amendments, which would become law only after gaining approval from three-fourths of the states (38 out of 50). While the convention method has never been utilised, over 700 applications have been made by states, with all except Hawaii applying for an Article V Convention at some point.

The convention method offers a way for states to drive constitutional change without solely relying on Congress. This process was included in the Constitution to empower states and ensure their voices are heard in the amendment process. However, some have expressed concerns about the potential for two-thirds of states to subvert the others.

Despite never being used, the convention method has almost been triggered on several occasions. For instance, only one state was lacking when an amendment for the direct election of senators was proposed. Similarly, a proposal for a constitutional limitation on income tax rates fell short by two states. These close calls demonstrate the potential impact of the convention method and how it could shape the amendment process in the future.

In conclusion, while the convention called by two-thirds of states has not yet been used to propose amendments, it remains a significant part of the constitutional amendment process. It empowers states to initiate change and provides a mechanism for them to drive the discussion around amending the Constitution.

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 either Congress or a national convention of states. However, no amendments have ever been proposed by a national convention of states. Instead, Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate.

Once an amendment is proposed, it is sent to the states for ratification. There are two methods for states to ratify amendments:

• Ratification by three-fourths of state legislatures: This method requires three-fourths of the state legislatures (38 out of 50 states) to ratify the amendment.
• Ratification by three-fourths of state ratifying conventions: In this method, Congress requires three-fourths of state ratifying conventions to approve the proposed amendment.

The choice of ratification method lies with Congress. After an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who follows procedures established by the Secretary of State.

Once the required number of states has ratified the amendment, the Director of the Federal Register acknowledges receipt and maintains custody of the ratification documents. The Archivist then drafts a formal proclamation, certifying 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.

The ratification process for the Bill of Rights illustrates this procedure. On September 25, 1789, the First Congress proposed 12 amendments to the Constitution. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, becoming the first 10 amendments, known as the Bill of Rights.

In summary, ratification by three-fourths of the states is a crucial step in the process of amending the Constitution. It involves state legislatures or conventions approving a proposed amendment, with the final decision resting with Congress. The Archivist of the United States and the Director of the Federal Register play key administrative roles in this process, ensuring the amendment's validity and providing official certification.

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The convention method

There have been debates and concerns surrounding the convention method. Some scholars have debated the level of control Congress should have over the convention, the selection of delegates, and the rules of procedure. There are also concerns about the potential unintended consequences of opening up the Constitution to amendment through this method.

Despite never being used, some scholars speculate that the convention method could be used to prod Congress into proposing an amendment on a particular matter. This could occur if the states apply for an Article V convention on an issue, which may encourage Congress to propose an amendment to address it.

The congressional proposal method

The authority to amend the US Constitution is derived from Article V of the Constitution. This article outlines two methods for proposing amendments. One of these methods is the congressional proposal method, which has been used for all amendments so far.

Congress determines the method of ratification, which can be through state legislatures or state ratifying conventions. The congressional proposal method is controlled by the federal government, and it has been used successfully to propose thirty-three constitutional amendments. However, at least 11,000 proposals have not been approved by the required two-thirds majority in each house, and therefore were not submitted to the states for ratification.

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