Eleanor Finch
The process of amending the United States Constitution is outlined in Article V of the Constitution. This process involves proposing an amendment and subsequent ratification. Amendments can 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 Congress at the request of two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of state legislatures or by conventions in three-fourths of states. This ensures that any changes to the Constitution have broad support and highlights the importance of state governments in national decision-making. The amendment process is challenging and time-consuming, and Congress determines the method of ratification.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | Congress proposes an amendment in the form of a joint resolution |
| Amendment ratification | Ratified by three-fourths of the States (38 of 50 States) |
| Amendment certification | Signed by dignitaries, including the President |
| Amendment methods | Two methods for proposing and ratifying amendments |
| Amendment subjects | Some subjects are unamendable |
| Amendment process | Requires bipartisan backing and widespread support |
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What You'll Learn
The process of amending the US Constitution
The first step in the amendment process is for Congress to propose an amendment. This requires a two-thirds majority vote in both the House of Representatives and the Senate, highlighting the need for bipartisan support. The President does not have a constitutional role in this process. Once an amendment is proposed by Congress, it is sent to the states for ratification.
The second step is for the amendment to be ratified by either the legislatures of three-fourths of the states (38 out of 50 states) or by conventions in three-fourths of the states. Congress determines which method of ratification the states must follow. The first method, legislative ratification, emphasises the role of state governments in national decision-making and has been the most commonly used method. The second method, ratification by convention, allows for a more direct form of democratic participation and has only been used once in American history, for the 1933 ratification of the 21st Amendment, which repealed Prohibition.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. Once the required number of states has ratified the amendment, the Archivist certifies 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 that the amendment process is complete.
While Article V provides the procedures for amending the Constitution, there is debate among scholars about whether it is the exclusive means of doing so. Some argue that there may be other routes to amendment, such as through a "runaway convention" or by the people themselves acting outside of ordinary government procedures. However, others disagree and assert that Article V is the sole method for amending the Constitution.
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Article V of the Constitution
Article V of the United States Constitution outlines the procedure for altering the Constitution. It establishes two methods for proposing amendments and two methods for ratifying them.
Firstly, amendments can be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention for proposing amendments called by Congress at the request of two-thirds of state legislatures. The two-thirds vote threshold ensures that only amendments with bipartisan support move forward.
Once an amendment has been proposed, it must be ratified. Congress determines which of the two methods of ratification must be followed for the amendment to become effective. The first and most used method requires legislative approval of three-fourths of the states (38 out of 50 states). This approach emphasises the role of state governments in national decision-making and ensures that any changes to the Constitution have broad support. The second method, which has only been used once in American history for the 1933 ratification of the 21st Amendment, involves conventions in three-fourths of the states. This method is employed when a more direct form of democratic participation is necessary.
Article V also makes two things unchangeable, even through the difficult amendment process. Firstly, it stipulates that no state, without its consent, shall be deprived of its equal suffrage in the Senate, meaning that every state will have the same number of senators. Secondly, it states that until 1808, no amendment could limit the slave trade.
There is debate among scholars about whether Article V provides the exclusive means of amending the Constitution. Some argue that it does not prevent the people themselves, acting outside of ordinary government, from exercising their legal right to alter or abolish the government via proper legal procedures.
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Ratification by three-fourths of state legislatures
The United States Constitution is designed to be responsive to the changing needs of the American people. The process of amending it begins in Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. After gaining congressional approval, the amendment is sent 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 procedures and customs followed in the ratification process are established by the Secretary of State and the Administrator of General Services.
In addition to ratification by three-fourths of state legislatures, Congress may also require ratification by three-fourths of state ratifying conventions. This second method involves a more direct form of democratic participation and has only been used once in American history, for the ratification of the 21st Amendment, which repealed Prohibition.
The authority to amend the Constitution is derived from Article V, which establishes two methods for proposing and ratifying amendments. Article V also makes certain subjects unamendable, such as guaranteeing that no state shall be deprived of its equal suffrage in the Senate. However, there is debate among scholars about whether Article V provides the exclusive procedures for amending the Constitution. Some argue that there are other routes to amendment, such as through a runaway convention or by the people themselves acting outside of ordinary government.
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Congress's role in proposing amendments
Congress plays a crucial role in proposing amendments to the Constitution of the United States, as outlined in Article V of the Constitution. This process has been utilised by Congress to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states.
To propose an amendment, Congress must pass a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. This joint resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process. Once passed, the resolution is forwarded 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 resolution and publishes it in slip law format.
The OFR also plays a crucial role in facilitating the ratification process by assembling an information package for the states. This package includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification. The proposed amendment is then submitted to the states for their consideration, with each Governor receiving a letter of notification along with the informational material.
The states can then choose to ratify the amendment through their legislatures or by calling a convention, depending on Congress's specifications. Once three-fourths of the states (38 out of 50) have ratified the amendment, it becomes part of the Constitution. The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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.
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Constitutional conventions and their limitations
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes the authority to amend the Constitution and sets forth two methods for states to ratify amendments. The process of amending the Constitution is complex and time-consuming, requiring significant bipartisan support and consensus among the states.
Constitutional conventions are one of the two methods of ratifying amendments outlined in Article V. This method involves holding conventions in three-fourths of the states, with each state holding a convention to specifically consider the proposed amendment. This method allows for more direct democratic participation and enables states to reflect the will of their constituents directly. However, it is the least used method of ratification, having only been utilised once in American history for the ratification of the 21st Amendment, which repealed Prohibition.
The limitations of constitutional conventions lie in their infrequent use and the potential for a "runaway convention". While constitutional conventions are intended to provide a more direct form of democratic participation, they are rarely employed, with the legislative approval of three-fourths of the states being the preferred method of ratification. This may be due to concerns about the potential for a "runaway convention", where the convention deviates from its intended purpose and makes proposals on other subjects. While some constitutional commentators argue that a runaway convention is constitutional, others disagree, interpreting the Constitution as limiting conventions to the specific purpose of proposing amendments.
Another limitation of constitutional conventions is the high threshold required to convene them. According to Article V, a constitutional convention can only be called upon the request of two-thirds of the state legislatures. This ensures that amendments have bipartisan support before proceeding to the ratification stage. However, it also sets a high bar for utilising the convention method of ratification, which may contribute to its infrequent use.
In conclusion, while constitutional conventions are a valid method of ratifying amendments according to Article V, they are subject to limitations. These limitations include the potential for a "runaway convention", the high threshold required to convene them, and the preference for legislative approval as the primary method of ratification. As a result, constitutional conventions have played a limited role in the amendment process, with most amendments being ratified through legislative approval of three-fourths of the states.
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Frequently asked questions
The process begins in Congress, with a two-thirds majority vote in both the House of Representatives and the Senate.
The proposed amendment is sent to the states for ratification.
The amendment must be ratified by three-fourths of the states (38 out of 50 states).
