Omar Bennett
The United States Constitution is a living document that can be amended through procedures outlined in Article V. Since its founding, Congress has used Article V's procedures to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states. Article V sets forth two methods for proposing amendments: Congress can propose amendments with a two-thirds majority vote in both houses, or two-thirds of state legislatures can apply for a constitutional convention to propose amendments. In both cases, three-fourths of state legislatures or conventions must ratify the amendment for it to become part of the Constitution. The Archivist of the United States administers the ratification process, and while Article V does not detail this process, it has been facilitated by the Director of the Federal Register and the Office of the Federal Register (OFR) since 1985.
| Characteristics | Values |
|---|---|
| Article of the Constitution that discusses amendments | Article V |
| Authority to amend the Constitution | Congress |
| Amendment proposal threshold | Two-thirds of both Houses of Congress |
| Amendment ratification threshold | Three-quarters of the States (38 of 50) |
| Number of amendments ratified by states | 27 |
| Number of amendments proposed but not ratified by states | 6 |
| Number of amendments proposed by constitutional convention | 0 |
| First 12 Amendments added by | 1804 |
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What You'll Learn
Article V outlines the process
According to Article V, Congress can propose amendments to the Constitution in two ways. Firstly, whenever two-thirds of both Houses of Congress deem it necessary, they can propose amendments. Secondly, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In both cases, the proposed amendments become valid and part of the Constitution when ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress.
The process of proposing an amendment by Congress involves a joint resolution, which does not require the President's signature or approval. The original document is sent 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 resolution in slip law format, along with an information package for the states.
Once the proposed amendment is submitted to the states, they decide whether to ratify it. Three-quarters of the states must ratify the amendment for it to become part of the Constitution. The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist of the United States to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
Article V also includes provisions that prohibit certain subjects from being amended. Specifically, it states that no amendment made prior to 1808 shall affect the first and fourth clauses in the ninth section of the first article, relating to Congress's power to restrict the slave trade and levy taxes on land or slaves. Additionally, it protects the states' right to equal suffrage in the Senate, ensuring that no state shall be deprived of this right without its consent.
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Two-thirds of both houses must propose amendments
Article V of the Constitution of the United States outlines the procedures for amending the Constitution. It states that "two-thirds of both Houses shall deem it necessary" to propose amendments to the Constitution. This means that for an amendment to be proposed, it must first be approved by a two-thirds majority vote in both the House of Representatives and the Senate. This process ensures that any proposed amendment has significant support in both chambers of Congress before it can move forward.
The two-thirds requirement serves as a crucial check in the amendment process, preventing hasty or partisan changes to the Constitution. By necessitating a supermajority, this provision safeguards against the potential passage of amendments that may not have broad-based consensus. It also ensures that any amendment that is ultimately ratified will have a stronger claim to legitimacy, as it would have required the support of a substantial majority in both houses of Congress.
Once an amendment proposal secures the backing of two-thirds of both houses, it moves to the next stage of the process. At this point, Congress can choose to propose amendments by calling for a convention, which has never been done before, or by submitting the amendment to the states for ratification. If the former route is taken, three-fourths of the states must then ratify the amendment for it to become part of the Constitution. This can be done through their legislatures or through special conventions.
It is worth noting that while Congress has proposed 33 constitutional amendments using Article V's procedures, only 27 of them have been ratified by the states. This highlights the rigorous nature of the amendment process and how the requirement of a two-thirds majority in both houses plays a pivotal role in shaping the direction of potential amendments. The need for such a substantial majority ensures that any changes made to the Constitution are carefully considered and broadly supported.
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Three-quarters of states must ratify
Article V of the United States Constitution outlines the procedures for amending the Constitution. It states that whenever two-thirds of both houses of Congress deem it necessary, they shall propose amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In both scenarios, the proposed amendments become valid and binding as part of the Constitution when they are ratified by three-quarters of the states. This can be achieved through the state legislatures or special conventions in three-quarters of the states, with the mode of ratification determined by Congress.
The process of amending the Constitution involves several steps. Firstly, Congress proposes an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then forwarded to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) within NARA. The OFR plays a crucial role in processing and publishing the proposed amendment, adding legislative history notes, and preparing informational packages for the states. These packages include formal copies of the joint resolution, the statutory procedure for ratification, and other relevant materials.
Once the OFR has completed its preparatory work, the Archivist of the United States, who heads NARA, assumes responsibility for administering the ratification process. The Archivist submits the proposed amendment to the states by sending a letter of notification to each state governor, along with the informational materials prepared by the OFR. At this stage, the states must decide whether to ratify the amendment. For an amendment to be ratified and added to the Constitution, it requires the approval of three-quarters of the states, which currently equates to 38 out of 50 states.
The ratification process allows for flexibility, as Congress can choose between two methods of ratification by the states. The first method involves ratification by the state legislatures, which are the law-enacting bodies within each state. The second method requires the states to convene special conventions specifically for the purpose of deciding on ratification. Historically, most amendments, except for the Twenty-First Amendment, have been ratified by state legislatures. It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
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The Archivist's role in the process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director of the Federal Register follows procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility in 1985.
The Archivist plays a crucial role in the constitutional amendment process. Once Congress proposes an amendment, the original document 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. Additionally, the OFR assembles 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 then 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. This step ensures that the States have all the necessary information and documentation to review and consider the proposed amendment.
Finally, when an amendment is ratified by three-quarters of the States, the OFR verifies the receipt of the required number of authenticated ratification documents. At this stage, the Archivist's role is to certify that the amendment is valid and has become an official 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.
In summary, the Archivist of the United States has a vital role in the constitutional amendment process. They are responsible for administering the ratification process, delegating duties to the Director of the Federal Register, and ensuring that proposed amendments are submitted to the States for consideration. Additionally, the Archivist certifies the validity of ratified amendments, providing official confirmation of their inclusion in the Constitution.
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Amendments can be proposed by convention
The United States Constitution can be amended through a convention, which is one of two methods authorized by Article Five of the Constitution. This method involves the legislatures of two-thirds of the states (34 out of 50) applying for a convention to propose amendments, which become law only after ratification by three-fourths of the states (38 out of 50). This process has never been used to amend the Constitution, with all 27 amendments proposed by a two-thirds vote in both houses of Congress.
The process of amending the Constitution through a convention begins with the legislatures of two-thirds of the states submitting an application to Congress. This application triggers Congress's duty to call for a convention to propose amendments. The convention itself does not have the power to amend the Constitution directly; instead, it serves as a forum for discussing and proposing potential amendments.
The proposed amendments emerge from the convention and are then submitted to the states for ratification. A proposed amendment becomes part of the Constitution once it is ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress. This ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
While the convention method for proposing amendments has never been utilized, it has been speculated that states may encourage Congress to propose an amendment on a specific issue by applying for an Article V convention. This method nearly reached the required threshold on several occasions, with every state except Hawaii having applied for an Article V Convention at some point.
The authority to amend the Constitution is a crucial aspect of the nation's governance, and the convention method, despite never being employed, remains a potential avenue for proposing amendments.
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Frequently asked questions
Article V of the US Constitution discusses how the Constitution can be amended.
The Congress proposes an amendment, which must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
There have been 27 amendments to the Constitution, including the Bill of Rights, which consists of the first ten amendments.
