Isabella Carter
The Constitution of the United States outlines two methods for proposing constitutional amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. Since the founding of the nation, Congress has proposed 33 amendments, all through the former method. This article will explore the reasons why the convention method has never been utilised and the potential implications of doing so.
| Characteristics | Values |
|---|---|
| Method | Convention for proposing amendments |
| Used | No |
| Proposed by | Two-thirds of the state legislatures |
| Speculation | States may prod Congress into proposing an amendment on a particular matter by applying for a convention |
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What You'll Learn
- The convention method for proposing amendments has never been used
- The President's approval is not needed for a proposed amendment
- Amendments must be ratified within seven years
- The Archivist of the US is responsible for administering the ratification process
- Congress decides the method states must follow for proposed amendments
The convention method for proposing amendments has never been used
The convention method for proposing amendments, also referred to as an Article V Convention, has never been used to amend the US Constitution. Article V of the US Constitution outlines two methods for proposing amendments: the first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method, the convention method, has never been invoked.
The convention method involves convening a constitutional convention called for by two-thirds of the state legislatures, or 34 out of 50 states. This method has been close to being used several times, with the number of states applying for a convention nearly reaching the required threshold on multiple occasions. For example, in 1981, thirty states had requested a balanced budget amendment. However, Congress has never officially tabulated or separated these applications by subject matter, and there has been no definitive determination by the Supreme Court regarding the state convention amendment method.
Some scholars have speculated that states may pressure Congress into proposing an amendment on a particular matter by applying for an Article V convention. This is supported by Alexander Hamilton's statement in the Federalist Papers, indicating that Congress would be "obliged" to call a convention upon the request of two-thirds of the states. However, modern scholars have also theorized that Congress may be able to block a convention by exercising its role in reviewing state applications and determining whether the requisite number of states has been reached. This theory suggests that Congress could use its discretion to decide that limited conventions covering marginally different subjects do not qualify as a unified request for a convention.
The convention method for proposing amendments has been the subject of extensive debate among scholars. While it has never been used to amend the Constitution, it remains a valid option under Article V.
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The President's approval is not needed for a proposed amendment
The first method, which has been used for all 27 amendments, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which does not require the President's signature or approval. Instead, the resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method bypasses Congress entirely and allows the states to propose amendments directly. However, even in this case, the President's approval is not required.
Once an amendment is proposed, it is submitted to the states for ratification. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who sends a letter of notification to each state governor along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.
While the President does not have a constitutional role in the amendment process, the executive branch, including the President, may still influence the process through political advocacy or by signing related legislation. However, their approval is not a necessary condition for proposing a constitutional amendment.
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Amendments must be ratified within seven years
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing and ratifying amendments.
The first method, which has been used for all 27 amendments to the Constitution, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This method has been the subject of much debate and speculation among scholars.
Once an amendment is proposed, it must be ratified within a certain time frame. Beginning with the Eighteenth Amendment, Congress has included language in all proposals stating that the amendment should be ratified within seven years to take effect. This was affirmed in the court case Dillon v. Gloss, where the Court upheld Congress's power to set time limits for state ratifications and suggested that outdated proposals were no longer open for ratification.
The ratification process involves the Archivist of the United States submitting the proposed amendment to the states for their consideration. Each state legislature or convention, depending on Congress's specification, then decides whether to ratify the amendment. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).
The process of amending the Constitution is a complex and rigorous procedure, designed to ensure that any changes made are carefully considered and widely supported. The seven-year time frame for ratification further emphasizes the importance and gravity of amending the nation's founding document.
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The Archivist of the US is responsible for administering the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process as outlined in 1 U.S.C. 106b.
The Archivist has delegated many of the administrative tasks associated with this function to the Director of the Federal Register. The specific procedures for the ratification process are not detailed in Article V of the Constitution or Section 106b. Instead, the Archivist and the Director of the Federal Register follow the precedents set by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
Once an amendment is proposed by Congress in the form of a joint resolution, the original document is sent directly to NARA's 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 then assembled for the States, including formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
The Archivist then 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. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register for examination and authentication.
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 Archivist's role in this process is crucial for upholding the integrity of the constitutional amendment process and ensuring that any changes to the Constitution are carried out in accordance with the law.
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Congress decides the method states must follow for proposed amendments
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. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's 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.
The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification. 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 the state calls for a convention, depending on what Congress has specified.
Article V sets forth two methods for states to ratify amendments to the Constitution. Congress determines which method the states must follow for proposed amendments to become effective. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method allows Congress to require that three-fourths of state ratifying conventions approve a proposed amendment.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). When 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
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Frequently asked questions
The convention method, which involves two-thirds of state legislatures calling for a convention to propose amendments, has never been used.
There have been at least 11,000 proposals to amend the Constitution, but only 33 have been submitted to the states for ratification.
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. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures, but this has never happened.
The proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states).
