Isabella Carter
The United States Constitution outlines two methods for proposing amendments. The first method, which has been used for all 33 amendments submitted to the states for ratification, involves a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This process is outlined in Article V of the Constitution, which also grants the authority to amend the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose amendments | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| A constitutional convention called for by two-thirds of the State legislatures | |
| Who is not involved in the amendment process | The President |
| Number of proposed amendments to the Constitution | 33 |
| Number of ratified amendments | 27 |
| Number of measures to amend the Constitution proposed in Congress | 11,000 |
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What You'll Learn
Two-thirds of both Houses of Congress deem it necessary
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the President's signature or approval.
Congress has followed this procedure to propose thirty-three amendments to the Constitution, which were then sent to the states for potential ratification. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority in each house required for submission to the states for ratification.
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. The proposed amendment is submitted to the states for their consideration, and once ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
It is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention, despite this being a valid method outlined in Article V. This method involves two-thirds of the state legislatures calling for a convention, which has never been done.
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Two-thirds of state legislatures request a convention
The United States Constitution, in Article V, lays down two methods for proposing amendments. One of them is for two-thirds of state legislatures to request a convention for proposing amendments. This method has never been used, and there are concerns about its implementation, such as the possibility of a "runaway convention". However, it is a way to propose amendments that bypass Congress, addressing concerns about congressional bias and the difficulty of enacting amendments.
Article V of the Constitution gives state legislatures the power to request a convention for proposing amendments. This requires the application of the legislatures of two-thirds of the states, which is 34 out of 50 states. Once this threshold is met, Congress is mandated to call for a convention. This method has never been used, with all 27 ratified amendments being proposed by Congress.
The concern about a "runaway convention" arises from the interpretation of the Constitution's language. Some argue that the states can limit the convention to a specific subject, while others contend that the convention is free to make proposals on any topic. This ambiguity has made states reluctant to call for a convention, as they might lose control over the process.
Despite never being used, this method of proposing amendments has its advantages. It addresses the concern of congressional bias, as Congress might not propose amendments that limit its own powers, even if they are in the country's interest. Additionally, it provides an alternative path for proposing amendments, reducing the difficulty of enacting constitutional changes.
To conclude, while the method of two-thirds of state legislatures requesting a convention for proposing amendments has not been utilized, it remains a valid option under Article V of the Constitution. It offers a way to bypass Congress and address concerns about congressional bias and the challenging process of enacting amendments. However, the fear of a "runaway convention" and the lack of clarity on limiting the convention's scope have hindered its implementation.
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Congress's independent machinery to propose amendments
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This process is independent of the President, who does not have a constitutional role in the amendment process.
Congress has its own independent machinery to propose amendments, as outlined in Article V of the Constitution. This machinery empowers Congress to propose amendments either on its own initiative or upon the application of the legislatures of two-thirds of the states. This method of initiating constitutional change has been successful, with Congress proposing thirty-three amendments, all of which were sent to the states for potential ratification.
The process begins with Congress proposing an amendment, after which 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 established procedures and customs.
The Director of the Federal Register plays a crucial role in the process. They receive the original or certified copy of the State action from the Governors and examine the 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.
Once the Director of the Federal Register receives the required number of authenticated ratification documents, they draft 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 serves as official notice to Congress and the nation that the amendment process is complete.
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Congress's discretionary power to call a convention
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress can propose amendments to the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. Congress can also call a convention for proposing amendments upon the request of two-thirds of the states.
The process of amending the Constitution has been a subject of debate and discussion since the founding of the nation. One of the key concerns has been the role of Congress in proposing amendments and the potential for abuse of power. Some have argued that Congress should not have the power to block amendments favourable to the states. Others have suggested that Congress should have the authority to initiate the amendment process to prevent unintended consequences and ensure a well-ordered process.
Article V of the Constitution outlines two methods for proposing amendments: through Congress or through a constitutional convention. Congress has the discretionary power to call for a constitutional convention on the request of two-thirds of the state legislatures. This provision was added to address concerns about congressional power and the potential for abuse. The process involves state legislatures passing a resolution or "application" calling for an Article V convention, which is then delivered to Congress.
However, it is important to note that Congress's role in calling a convention is not without limitations. Once 34 states apply for a convention, Congress does not have the discretion to refuse the call or control the delegates. Additionally, Congress cannot refuse to submit proposed amendments from a convention to the states for ratification. While there have been debates about the scope of Congress's power in this process, the Founders intended to limit congressional power and prevent potential abuses.
In conclusion, Congress has discretionary power to call for a convention to propose amendments to the Constitution upon the request of two-thirds of the states. This power is derived from Article V of the Constitution and is subject to certain limitations to ensure a balanced and effective amendment process.
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Ratification by three-fourths of state legislatures
The process of amending the US Constitution is outlined in Article V of the Constitution. It involves two steps: proposing an amendment and ratifying it.
The first method of proposing an amendment is for Congress to pass a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. Congress has followed this procedure to propose thirty-three amendments, which were then sent to the states for potential ratification. At least 11,000 proposals have been introduced in Congress but were not approved by the two-thirds majority required for submission to the states.
The second method is for two-thirds of state legislatures (34 out of 50) to request Congress to call a national convention to propose an amendment. This method has never been used.
Once an amendment is proposed, it is submitted to the states for their consideration. The amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The ratification process can occur in two ways, as determined by Congress: through the state legislatures or ratifying conventions in three-fourths of the states. The latter method has only been used once in American history, with the 1933 ratification of the Twenty-First Amendment.
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. The Director examines the 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.
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.
In summary, ratification by three-fourths of state legislatures is one of two methods of ratification specified in Article V of the Constitution. This method has been utilized in all but one of the twenty-seven ratified amendments to the Constitution. The process involves the submission of ratification documents to the Archivist of the United States, who certifies the validity of the amendment once the required number of states have ratified it.
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Frequently asked questions
Amendments to the US Constitution can be proposed by Congress, whenever two-thirds of both Houses deem it necessary.
Article V establishes an alternative method for amending the Constitution by a convention of the states.
The convention method for proposing amendments states that Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method has never been used.
Yes, Congress might refuse to submit amendments that result from an Article V convention to the states for ratification.
The process for proposing amendments by Congress involves a vote of two-thirds of the members present in both Houses of Congress, assuming the presence of a quorum.
