Malcolm Rivera
The United States Constitution has been amended only 27 times since it was drafted in 1787, illustrating the difficulty and time-consuming nature of the amendment process. Article V of the Constitution outlines the procedure for altering it, which consists of proposing an amendment and subsequent ratification. 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-fourths of the state legislatures or by ratifying conventions in three-fourths of the states.
| 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 | Ratified by three-fourths of the States (38 of 50 States) |
| Amendment certification | The Archivist of the United States |
| Difficulty of amendment process | Very difficult and time-consuming |
| Number of amendments to the Constitution | 27 amendments have been ratified |
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What You'll Learn
Article V of the Constitution
Article V of the United States Constitution outlines the procedure for altering the Constitution. This article provides two methods for proposing amendments, both of which require substantial support. Firstly, whenever two-thirds of both houses of Congress deem it necessary, they can propose amendments. Alternatively, if two-thirds of state legislatures apply, Congress shall call a convention for proposing amendments. In either case, the proposed amendments become valid and part of the Constitution when ratified by three-fourths of the state legislatures or conventions, as determined by Congress. Notably, the President has no constitutional role in the amendment process, and no amendment can deprive a state of equal suffrage in the Senate without its consent.
The process of amending the Constitution, as outlined in Article V, is deliberately difficult and time-consuming. This was done to ensure the document's longevity and stability. As a result, the Constitution has been amended only 27 times since 1787, with the first 10 amendments, known as the Bill of Rights, being adopted simultaneously. Amendments must be significant and impact all Americans or secure the rights of citizens. The process begins with a proposal by Congress in the form of a joint resolution, which does not require presidential signature or approval.
Once a proposed amendment is officially put forward, either by Congress or a national convention of the states, it must gain substantial support from the states to become part of the Constitution. This is achieved through ratification by three-fourths of the states, with Congress deciding whether the ratification is done by state legislatures or state ratifying conventions. The latter method has only been used once in history for the Twenty-First Amendment. The Archivist of the United States plays a crucial role in administering the ratification process, following established procedures and customs.
Article V also includes a provision stating that no amendment made before 1808 could affect the first and fourth clauses of the ninth section of Article I. This protected the particular clauses related to the slave trade and taxation until the specified date. Overall, Article V of the Constitution provides a comprehensive framework for proposing and ratifying amendments, ensuring a thoughtful and deliberate process that involves both Congress and the states.
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Two-thirds majority in Congress
Article V of the United States Constitution outlines the procedure for amending the document. According to Article V, a two-thirds majority in both houses of Congress is required to propose amendments to the Constitution. This means that out of the 100 members of the Senate and 435 members of the House of Representatives, at least 67 Senators and 290 Representatives must vote in favour of the proposed amendment.
The process of achieving a two-thirds majority in Congress for a constitutional amendment can be challenging and time-consuming. It requires significant debate, negotiation, and consensus-building among legislators with diverse political ideologies and representing different constituencies. The amendment must address a significant issue impacting all Americans or securing the rights of citizens, as per Chief Justice John Marshall's early 1800s assessment that the Constitution was written "to endure for ages to come."
The two-thirds majority requirement ensures that any changes made to the Constitution reflect a strong consensus among legislators and safeguard against hasty or partisan changes to the nation's foundational document. It is worth noting that, despite the large number of proposed amendments, the Constitution has only been amended 27 times since its drafting in 1787, with the first 10 amendments being adopted simultaneously as the Bill of Rights.
Once the two-thirds majority threshold is met in both chambers of Congress, the proposed amendment is officially introduced. It is important to note that the President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
In summary, achieving a two-thirds majority in Congress is a crucial step in the amendment process outlined in Article V of the Constitution. It ensures that any changes to the nation's foundational document reflect a broad consensus among legislators and undergo a rigorous and deliberate process.
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Ratification by three-fourths of states
Article V of the United States Constitution outlines the procedure for amending the document. It is a challenging process, as the framers intended when they wrote the Constitution "to endure for ages to come". The Constitution has been amended only 27 times since 1787, and over 10,000 measures to amend it have been proposed in Congress.
A proposed amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. Congress decides whether a proposed amendment is sent to state legislatures or state ratifying conventions for ratification. The legislatures or conventions of three-fourths of the states must approve the amendment. This process has only been used once in American history, with the 1933 ratification of the Twenty-First Amendment.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, the OFR 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 President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. However, in recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
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The President's non-involvement
The President has no official role in the process of amending the US Constitution. The authority to amend the Constitution is derived from Article V of the Constitution, which does not require presidential approval for constitutional amendments.
Article V outlines two methods for amending the Constitution. The first method authorises Congress to propose amendments whenever two-thirds of both houses deem it necessary. The second method involves calling a convention for proposing amendments at the request of two-thirds of the state legislatures. In both cases, amendments become part of the Constitution when ratified by three-fourths of the states, either through their legislatures or ratifying conventions.
While the President does not have a constitutional role in the amendment process, they may participate in ceremonial functions related to the certification of amendments. For example, President Johnson and President Nixon witnessed the certification of amendments during their respective administrations. However, these are not official duties, and the President's involvement is not a constitutional requirement.
The absence of the President's involvement in the amendment process is further affirmed by the Supreme Court ruling in Hollingsworth v. Virginia (1798), which stated that constitutional amendments do not require the President's approval or veto. This ruling reinforces the interpretation of Article V, which does not include the President in the amendment process.
The process of amending the US Constitution is deliberately designed to be difficult and time-consuming. Since its drafting in 1787, the Constitution has been amended only 27 times, indicating the significance and rarity of constitutional amendments in the United States.
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The Archivist's role
Once Congress proposes an amendment in the form of a joint resolution, the original document is sent 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 the joint resolution and the statutory procedure for ratification. The Archivist plays a crucial role by submitting the proposed amendment to the states for their consideration, sending a letter of notification to each Governor.
After the amendment is ratified by three-fourths of the states (38 out of 50), the OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation. At this stage, the Archivist's role is significant in certifying that the amendment is valid and has become an official part of the Constitution. This certification is published in the Federal Register, marking the completion of the amendment process.
It is important to note that the Archivist does not make substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive. The Archivist has also delegated certain ministerial duties associated with the ratification process to the Director of the Federal Register.
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Frequently asked questions
Article V of the 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.
Yes, amendments can also be proposed by a convention called by Congress at the request of two-thirds of the state legislatures.
After being proposed, an amendment must be ratified by three-fourths of the states (38 out of 50). Congress decides whether the amendment is sent to state legislatures or state ratifying conventions for ratification.
