Isabella Carter
Article V of the United States Constitution outlines the procedure for amending the Constitution. The 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 for by two-thirds of the state legislatures. The proposed amendment must then be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. Congress determines the method of ratification. The ratification process is administered by the Archivist of the United States, who delegates duties to the Director of the Federal Register. This process ensures broad support for any changes to the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment | 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 certifies that the amendment is valid | The Archivist of the United States |
| Who drafts a formal proclamation for the Archivist | The OFR (Office of the Federal Register) |
| Who decides which method the states must follow for proposed amendments to become effective | Congress |
| Number of states that must ratify the amendment | 38 out of 50 |
| Number of amendments to the Constitution | 27 |
| Number of amendments proposed but not ratified by the states | 6 |
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What You'll Learn
Congress proposes an amendment
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress has used Article V’s procedures to propose thirty-three constitutional amendments.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. 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.
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 OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 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 the Congress and to the Nation that the amendment process has been completed.
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State legislature ratification
Article V of the Constitution states that amendments may be ratified by the legislatures of three-fourths of the states. This means that 38 out of 50 states must ratify an amendment for it to become part of the Constitution. The process for state legislature ratification is procedurally simple: a resolution, memorial, or proclamation of ratification is proposed and voted on in each chamber of the state legislature.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. Once 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 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 until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
The Congress proposes an amendment in the form of a joint resolution, which 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 other relevant information.
The state legislature ratification process has been used for every amendment to the Constitution thus far. However, Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. Any amendment proposed by such a convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention convened for that purpose.
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Ratification by convention
The process of amending the Constitution through ratification by convention begins with the proposal of an amendment. Two-thirds of the State legislatures (or the Legislatures of two-thirds of the several States) must call for a convention to propose amendments. This convention can then propose amendments without requiring approval from Congress. The proposed amendments are then sent to the states for ratification.
For an amendment to be ratified, three-quarters of the states must approve it. This can be done through one of two methods, as specified by Congress: ratification by the state legislatures or ratification by conventions. In the case of the Twenty-First Amendment, Congress specified that three-quarters of the states must hold conventions to ratify the amendment.
The process of ratification by convention allows for direct participation of citizens in the amendment process, as it involves specially elected state delegates, rather than state legislators. This method was chosen for the Twenty-First Amendment to reflect the popular will and bypass the Temperance lobby, which was powerful in state legislatures.
It is important to note that the Constitution provides two methods for proposing and ratifying amendments. While amendments can be proposed and ratified by Congress, the method of ratification by convention provides a way for states to bypass Congress, although this method has rarely been used in history.
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The certification process
Proposal and Submission:
The process begins with a proposal for an amendment, which can be initiated in two ways as outlined by Article V. The first method is through Congress, where a two-thirds majority vote in both the House of Representatives and the Senate is required. The second method is by calling a constitutional convention requested by two-thirds of the state legislatures. However, this second method has never been used. Once an amendment is proposed, it is submitted to the states for ratification.
State Ratification:
Each state legislature receives the proposed amendment and decides whether to ratify it. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This ensures that any changes to the Constitution reflect the will of a significant majority of the country. Once a state ratifies the amendment, it sends an original or certified copy of its action to the Archivist of the United States.
Verification and Certification:
The Archivist of the United States plays a crucial role in administering the ratification process. Upon receiving the state ratifications, the Archivist, in conjunction with the Director of the Federal Register, examines the ratification documents for their legal sufficiency and authenticity. If the documents are in order, the Archivist drafts a formal proclamation certifying that the amendment is valid and has become part of the Constitution. This 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.
Ceremonial Signing:
In recent times, the signing of the certification has taken on a ceremonial aspect, with various dignitaries, including the President, witnessing the event. This adds a level of solemnity and significance to the amendment process.
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Time limits
The process of amending the US Constitution is outlined in Article V of the Constitution. Notably, Article V does not specify a time limit for the ratification of amendments. The first amendment with a time limit was the 18th Amendment (Prohibition) in 1917, which had a seven-year deadline. This was also the first amendment to include a time delay before taking effect—one year after ratification.
Since the 18th Amendment, Congress has specified a time limit for the ratification of all proposed amendments. For example, the 19th Amendment (Women's Suffrage) had no time limit, but the 20th Amendment did. The 1921 Supreme Court decision in Dillon v. Gloss affirmed Congress's power to set a definite time limit for ratification. The Court also pointed out that an amendment becomes part of the Constitution once it achieves ratification by three-fourths of the states.
The role of Congress in setting time limits for ratification has been questioned. Some argue that the Constitution does not grant Congress this power. The Department of Justice's Office of Legal Counsel (OLC) has stated that without a congressionally proposed deadline, an amendment remains pending before the states. In their view, not having a time limit would introduce uncertainty and make the process unworkable.
The three-state strategy for Equal Rights Amendment (ERA) ratification was influenced by the 27th Amendment's ratification over 200 years after its proposal. ERA supporters argued that the ERA's ratification period of two decades met the "reasonable" and "sufficiently contemporaneous" standards set by Supreme Court decisions.
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Frequently asked questions
Article V of the United States Constitution outlines the procedure for amending the Constitution.
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 for by two-thirds of the State legislatures.
Congress proposes amendments and determines the method of ratification.
There are two methods of ratification: ratification by the legislatures of three-fourths of the states, or ratification by conventions in three-fourths of the states.
An amendment becomes valid and part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
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