Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution. There are two methods for proposing amendments: the first requires a two-thirds majority vote in both the House and the Senate, and the second involves a constitutional convention called for by two-thirds of the state legislatures. While the first method has been used numerous times, the second method has never been utilised. Once an amendment is proposed, it must be ratified by three-fourths of the states to become an official part of the Constitution. The process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's role includes submitting the proposed amendment to the states and certifying its validity once it has been ratified. The process of amending state constitutions in the US occurs more frequently and can vary in difficulty, with some states offering multiple routes to initiate the amendment process.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 State legislatures |
| Amendment format | Joint resolution from Congress, which does not require the President's signature or approval |
| Amendment ratification | Three-fourths of the States (38 of 50) must ratify the amendment |
| Amendment certification | The Archivist of the United States certifies the amendment, which is then published in the Federal Register and U.S. Statutes at Large |
| Amendment methods | Two methods are outlined in Article V: Congress proposes an amendment, or a convention is called for proposing amendments upon the request of two-thirds of the states |
| State constitutions | Amended regularly, with some states allowing for amendments through the state legislature or popular initiative |
Explore related products
What You'll Learn
Two-thirds majority in Congress
The United States Constitution provides that an amendment may be proposed by a two-thirds majority vote in both the House of Representatives and the Senate. This procedure, outlined in Article V of the Constitution, has been used to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification.
To be specific, the first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This is assuming the presence of a quorum and is not a vote of two-thirds of the entire membership, present and absent.
Since the Founding, at least 11,000 proposals to amend the Constitution have been introduced in Congress, but they were not approved by the two-thirds majority in each house required for submission to the states for ratification. Once an amendment is approved by a two-thirds majority in Congress, it is proposed 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 submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR).
The Governors then formally submit the amendment to their State legislatures or call 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 in good 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, serving as official notice to Congress and the Nation that the amendment process is complete.
The French Constitution: Defining French Citizenship
You may want to see also
Two-thirds of state legislatures
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. It states that amendments can be proposed in two ways: by a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures.
The latter method, involving two-thirds of state legislatures, has never been used to propose an amendment. This method would involve state legislatures calling for a convention to propose amendments, bypassing Congress. This process has been close to being used several times, falling just one or two states short of the required number.
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. This can be done through state legislatures or state conventions. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. The Archivist's role is primarily procedural, delegating duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity.
While the U.S. Constitution has only been amended 27 times, state constitutions are amended more frequently. State constitutions offer multiple paths for amendment, and some states have commissions that can place amendments directly on the ballot for voter approval.
The Supreme Court: Our Founding Fathers' Vision
You may want to see also
Ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by either Congress or a constitutional convention. If the proposal comes from Congress, it must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, if two-thirds of the state legislatures call for a constitutional convention, Congress must convene one to propose amendments.
Once an amendment has been proposed, it is sent to the states for ratification. This is where the process of "ratification by three-fourths of states" comes into play. For an amendment to become part of the Constitution, it must be ratified by either three-fourths of the state legislatures or three-fourths of state conventions, depending on the mode of ratification specified by Congress. In numerical terms, this means that currently, 38 out of 50 states must approve an amendment for it to become part of the Constitution.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist sends a letter of notification along with informational material to the governor of each state. The governors then submit the amendment to their state legislatures or call for a state convention, depending on Congress's instructions. As of 2016, the Archivist has delegated many of these duties to the Director of the Federal Register.
When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register for examination. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once the OFR verifies that it has received the required number of authenticated ratification documents (i.e., three-fourths of states have ratified), 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.
It is worth noting that Congress may set a reasonable time limit for the ratification process when proposing an amendment. The Supreme Court affirmed this power in Dillon v. Gloss (1921) and Coleman v. Miller (1939). Additionally, Congress has the authority to determine whether an amendment has been ratified within a "reasonable" and "sufficiently contemporaneous" time frame to reflect the will of the people.
The US Constitution: Shaping the Economy
You may want to see also
Explore related products
![The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p49hyM5WL._AC_UY218_.jpg)
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 a constitutional amendment. The Archivist's role includes submitting the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with informational material prepared by the OFR.
Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register for examination and authentication. The OFR retains these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
The Archivist plays a crucial role in certifying the validity of a constitutional amendment. 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. 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 considered final and conclusive. This certification process was first performed by the Archivist in 1992 for the ratification of the 27th Amendment. While the Archivist has delegated some ministerial duties to the Director of the Federal Register, they retain the responsibility for certifying state ratification of constitutional amendments.
Altering the American Flag: What the Constitution Says
You may want to see also
Amendments by convention
The United States Constitution outlines two methods for proposing amendments: one involving Congress and the other a convention. The latter, also known as an Article V Convention, state convention, or amendatory convention, has never been used to propose an amendment.
An Article V Convention is called when two-thirds of state legislatures (34 out of 50) request it. Congress is then required to call a convention for proposing amendments, which become law only after ratification by three-fourths of the states (38 out of 50). While the convention method has never been used, there have been over 700 applications for it, with every state except Hawaii applying for one at some point.
The process of proposing an amendment through a convention is similar to that of Congress. Once the convention is called, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist notifies each state governor of the proposed amendment, and the governors then submit it to their state legislatures for consideration.
The state legislatures can choose to ratify the amendment, in which case they send an original or certified copy of their action to the Archivist. The Office of the Federal Register (OFR) examines these documents for legal sufficiency and authenticity. If the documents are in order, the OFR maintains custody of them until the amendment is adopted or fails.
Once the OFR receives 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, serving as official notice to Congress and the nation that the amendment process is complete.
While the convention method of proposing amendments has never been utilised, it remains a viable option under the United States Constitution. However, there are ongoing debates about the specifics of these conventions, such as whether Congress can limit or control certain aspects of the process.
Constitution Checks: When to Roll and Why
You may want to see also
Frequently asked questions
The US Constitution provides two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the state legislatures.
No. All 33 amendment proposals that have been sent to the states for ratification have come through Congress.
The proposed amendment is submitted to the states for their consideration. It becomes an official part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
The Archivist of the United States is responsible for administering the ratification process. They receive authenticated ratification documents from the states and certify that the amendment is valid and has become part of the Constitution.
Yes, state constitutions in the US are regularly amended. The process for proposing and ratifying amendments varies by state. For example, in California, there are three methods for proposing an amendment: by the legislature, by constitutional convention, or by voter initiative.
