Eleanor Finch
Article V of the United States Constitution outlines the process for amending the nation's frame of government. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the states. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The President does not have a constitutional role in the amendment process, and the amendment does not require presidential approval. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
| 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 out of 50) |
| Amendment certification | Certified by the Archivist of the United States |
| Amendment history | Amendments 1-10 make up the Bill of Rights |
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What You'll Learn
Amendments proposed by Congress
The authority to amend the US Constitution comes from Article V of the Constitution. The process of amending the Constitution is a two-step process. First, the amendment must be proposed and then ratified.
Congress proposes an amendment in the form of a joint resolution. This proposal can be made when a two-thirds majority in both the Senate and the House deem it necessary. The joint resolution does not go to the White House for signature or approval. Instead, the original document is sent to the National Archives and Records Administration (NARA)'s Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled 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.
Since 1789, Congress has sent 33 constitutional amendments to the states for ratification, of which 27 have been ratified. Some notable proposals for amendments by Congress include:
- An amendment abolishing the Senate was proposed by Representative Victor Berger in 1911 due to his belief that it was corrupt and useless to the country.
- An anti-miscegenation amendment was proposed by Representative Seaborn Roddenbery, a Southern Democrat from Georgia, in 1912, to forbid interracial marriages nationwide.
- The Dueling Ban Amendment, proposed in 1838 after Representative William Graves killed Representative Jonathan Cilley in a duel, would have prohibited any person involved in a duel from holding federal office.
- The Christian Amendment, first proposed in February 1863, would have added an acknowledgment of the Christian God to the Preamble to the Constitution.
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Ratification by state legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who is the head of the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
Once an amendment is proposed by Congress, the Archivist submits the proposed amendment to the states for their consideration. The Governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
State legislatures have the power to ratify proposed amendments without waiting to receive official notice. 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 Office of the Federal Register (OFR) examines 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.
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). 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 and serves as official notice to Congress and the nation that the amendment process has been completed.
In some instances, states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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The role of the Archivist
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments. This responsibility is derived from Article V of the Constitution and the provisions of 1 U.S.C. 106b.
The Archivist plays a crucial role in the amendment process. Once Congress proposes an amendment in the form of a joint resolution, the original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then prepares an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
The Archivist's key duty is to submit the proposed amendment to the States for their consideration. This is done by sending a letter of notification, along with the informational material prepared by the OFR, to each State Governor. The Archivist ensures that the amendment is formally presented to the States for their review and potential ratification.
After the amendment process is completed, the OFR verifies that it has received the required number of authenticated ratification documents from the States. Once the required number of ratifications is reached (currently, three-fourths of the States or 38 out of 50), the Archivist's role is to certify that the amendment is valid and has become part of the Constitution. This certification is a formal proclamation, 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 concluded.
While the Archivist has delegated some ministerial duties to the Director of the Federal Register, they still play a vital role in facilitating the amendment process, ensuring that proposed amendments are properly submitted to the States and that the final certification of ratification is conducted accurately and conclusively.
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The President's non-involvement
The President has no constitutional role in the amendment process. A proposed amendment to the Constitution does not require presidential approval or veto. Once an amendment is approved by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) then 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. This is then sent to each state governor by the Archivist of the United States, who 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, who follows procedures and customs established by the Secretary of State and the Administrator of General Services. The Archivist does not make any substantive determinations as to the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
In Hollingsworth v. Virginia (1798), the Supreme Court affirmed that it is not necessary to place constitutional amendments before the President for approval or veto. This precedent has been followed ever since, with Article V providing no requirement for presidential involvement in the ratification process.
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The two-thirds majority
The United States Constitution outlines the process of amending it in Article V. This article provides two methods for proposing amendments, both of which require the support of two-thirds of the members of Congress or two-thirds of state legislatures.
The first method involves Congress proposing amendments whenever two-thirds of both Houses deem it necessary. The second method involves Congress calling for a convention to propose amendments upon the application of the legislatures of two-thirds of the states.
In both cases, the proposed amendments become part of the Constitution once they are ratified by three-fourths of the state legislatures or state ratifying conventions, as determined by Congress. This process ensures that any changes to the Constitution reflect a broad consensus across the country.
The process of amending the Constitution is a significant undertaking and has only been successfully completed 27 times. Over 10,000 measures to amend the Constitution have been proposed in Congress, but many have not received enough support to become part of the Constitution.
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Frequently asked questions
Article V of the Constitution.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The President does not have a constitutional role in the amendment process.
38 out of 50 states, or three-fourths of the states.
The Bill of Rights.
