Isabella Carter
The process of amending the United States Constitution is outlined in Article V of the Constitution. Amending the Constitution is a challenging and time-consuming process, as the framers intended when they wrote the document to endure for ages to come. A proposed amendment must first be passed by two-thirds of both houses of Congress, and then it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states). Alternatively, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments, although this has never happened. Once an amendment is ratified, it becomes an official part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress proposes an amendment in the form of a joint resolution |
| Amendment ratification | Ratification by three-fourths of the states (38 of 50 States) |
| Ratification deadline | Included in the Eighteenth, Twentieth, Twenty-first, and Twenty-second Amendments |
| Number of amendments | 33 amendments proposed, 27 ratified |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate
- Amendments can also be proposed by a convention called by Congress at the request of two-thirds of state legislatures
- Amendments must be ratified by three-quarters of state legislatures
- Amendments can also be ratified by three-quarters of state ratifying conventions
- The Archivist of the United States administers the ratification process
Amendments are proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This process begins with the proposal of an amendment, which can be done in two ways. One method is for Congress to propose an amendment with a two-thirds vote in both the House of Representatives and the Senate. This process has been utilised throughout history, with Congress proposing thirty-three amendments, twenty-seven of which were ratified by the states and became part of the Constitution.
The two-thirds vote in both chambers of Congress is a significant hurdle, demonstrating the framers' intention to make amending the Constitution a challenging task. This requirement ensures that any amendment must have substantial support and consensus within Congress before it can progress further in the amendment process.
Once an amendment is proposed by Congress with the requisite two-thirds vote, it is then forwarded to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the states, providing them with the necessary information to consider the proposed amendment.
The proposed amendment is then sent to the states for their consideration and ratification. To become part of the Constitution, the amendment must be ratified by either three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. This decision lies with Congress, who determines the method of ratification. The vote of each state, regardless of its population or length of union, carries equal weight in this process.
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Amendments can also be proposed by a convention called by Congress at the request of two-thirds of state legislatures
The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a difficult and time-consuming process. Amendments can be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. An alternative method for proposing amendments is for two-thirds of state legislatures to request that Congress call a convention for this purpose. This second method has never been used, but it has its supporters.
A convention called by Congress at the request of two-thirds of state legislatures can be a way to propose amendments to the Constitution. This method is outlined in Article V of the Constitution, which sets forth the procedures for altering the document. While this method has never been utilised, it remains a valid option for proposing amendments.
The process begins with the state legislatures. When two-thirds of the state legislatures make an application to Congress, requesting a convention to propose amendments, Congress is obligated to call such a convention. This convention then serves as a platform for proposing amendments, which can subsequently be considered for ratification.
The role of Congress in this process is crucial. Once the convention has proposed the amendments, Congress determines the mode of ratification. The two options for ratification, as outlined in Article V, are through the legislatures of three-quarters of the states or through ratifying conventions in three-quarters of the states.
The choice of ratification method lies solely with Congress, and they can choose the most appropriate approach based on the specific amendment and the current political landscape. The ratification process is an important step in ensuring that any changes to the Constitution are carefully considered and widely accepted.
In summary, while Congress typically proposes amendments, the option for two-thirds of state legislatures to request a convention for proposing amendments exists. This method provides an alternative pathway for initiating constitutional changes and ensures that the amendment process is not solely controlled by Congress. The ratification process, with its high thresholds for approval, further safeguards the integrity of the Constitution.
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Amendments must be ratified by three-quarters of state legislatures
The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a challenging and lengthy process, as the framers intended it to be. A proposed amendment must first be passed by two-thirds of both houses of Congress. After that, it must be ratified by the legislatures of three-quarters of the states, i.e., 38 out of 50 states, to become a valid part of the Constitution. This is the more commonly used method of ratification, and it has been utilised for all amendments except one in American history, the 1933 ratification of the Twenty-First Amendment.
The alternative method of ratification, used only once, involves Congress requiring approval from three-quarters of state ratifying conventions. Congress decides which ratification process the states must follow for a proposed amendment to become effective. The vote of each state, whether to ratify or reject an amendment, holds equal weight, regardless of the state's population or length of time in the Union.
Once the required number of authenticated ratification documents is received by the OFR, they draft a formal proclamation for the Archivist of the United States to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The certification is then 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 amendment process can also be initiated by two-thirds of the state legislatures requesting Congress to call a Constitutional Convention to propose amendments. However, this method has never been used, and a new Constitutional Convention has never occurred.
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Amendments can also be ratified by three-quarters of state ratifying conventions
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It involves proposing an amendment and then ratifying it. Amendments can be proposed by Congress with a two-thirds 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.
Once an amendment is proposed, it must be ratified. There are two methods for states to ratify amendments, as set forth in Article V. The first method is for the amendment to be ratified by three-quarters of the state legislatures. The second method, which has only been used once in US history for the 1933 ratification of the Twenty-First Amendment, is for the amendment to be ratified by three-quarters of state ratifying conventions.
Congress decides which method the states must follow for a proposed amendment to become effective. This choice is at the sole discretion of Congress.
The process of amending the Constitution is deliberately designed to be difficult and time-consuming. Since the Constitution was drafted in 1787, it has only been amended 27 times, including the first 10 amendments, known as the Bill of Rights.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process when it comes to amending the US Constitution. The authority to amend the Constitution is derived from Article V of the Constitution. After an amendment is proposed by Congress in the form of a joint resolution, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process.
The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services. The original document is forwarded 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, as well as assembling an information package for the States.
The Archivist then submits the proposed amendment to the States' Governors for their consideration. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines the ratification documents and, if they are in order, acknowledges receipt and maintains custody of them.
When the OFR receives the required number of authenticated ratification documents (from three-fourths of the States, or 38 out of 50), 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 certification of the facial legal sufficiency of ratification documents is final and conclusive.
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Frequently asked questions
Article V of the US Constitution outlines the procedure for altering the Constitution. Amendments may be proposed by Congress with a two-thirds 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. To become part of the Constitution, an amendment must be ratified by three-quarters of state legislatures or ratifying conventions in three-quarters of states.
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights. Congress has proposed 33 amendments, but only 27 have been ratified by the required number of states.
The President does not have a constitutional role in the amendment process. However, in recent history, some Presidents have signed the certification of amendments as a witness, such as President Johnson for the 24th and 25th Amendments.
The original document 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 and publishes the joint resolution, along with an information package for the states. The Archivist then submits the proposed amendment to the states for their consideration.
The idea for an amendment must have a major impact on all Americans or secure the rights of citizens. It should not be just any idea to improve America but one that is of significant consequence and affecting the nation as a whole.
