Jonah Patel
The United States Constitution outlines two methods for proposing amendments. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method requires a constitutional convention called for by two-thirds of the state legislatures. The process of amending the Constitution is challenging and time-consuming, requiring a high threshold of approval from both Congress and the states. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of groups that can propose an amendment | 2 |
| First group | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Second group | A constitutional convention called for by two-thirds of the State legislatures |
| Amendment proposal process | Begins in Congress |
| Amendment proposal requirements | Bipartisan backing, two-thirds majority vote in both houses of Congress |
| Amendment ratification requirements | Ratification by three-fourths of the States (38 out of 50) |
| Amendment ratification process | States send authenticated ratification documents to the OFR, which drafts a formal proclamation for the Archivist to certify the amendment as valid |
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What You'll Learn
Two-thirds majority in Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. This article outlines two methods for proposing amendments. One of these methods involves a two-thirds majority in Congress, which means that two-thirds of both the House of Representatives and the Senate must deem it necessary to propose an amendment. This high threshold ensures that any proposed amendment has bipartisan support.
The process of amending the Constitution is designed to be rigorous and collaborative, requiring a broad consensus between the federal and state levels of government. This ensures that any changes to the Constitution are well-deliberated and have widespread support. The two-thirds majority in Congress is an important step in this process, as it allows Congress to initiate the proposal of an amendment.
Once an amendment is proposed by Congress, it is then sent to the states for ratification. This process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register. The proposed amendment is submitted to the states for their consideration, and each state's governor formally submits the amendment to their state legislature.
To date, there have been at least 11,000 proposals to amend the Constitution introduced in Congress. However, only 33 of these have been approved by the two-thirds majority in each house required for submission to the states for ratification. This highlights the challenging nature of the amendment process and the necessity of bipartisan support for any proposed changes to the Constitution.
The two-thirds majority in Congress is an essential step in the process of amending the Constitution, providing a mechanism for Congress to initiate and propose constitutional amendments. This step ensures that any proposed changes have the support of a significant portion of Congress before moving forward in the amendment process.
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Two-thirds of state legislatures
Article V of the United States Constitution establishes two methods for proposing amendments to the Constitution. One of these methods involves two-thirds of state legislatures.
The first method requires a two-thirds majority vote in both the House and the Senate to propose a constitutional amendment. This vote is a high threshold that ensures that only amendments with bipartisan support move forward. This method has been used thirty-three times to propose constitutional amendments, which were then sent to the states for potential ratification.
The second method, which has never been used, involves two-thirds of state legislatures applying to Congress to call a convention for proposing amendments. This method allows states to bypass Congress and propose amendments directly. However, it has been debated whether Congress must call a convention upon receiving the requisite number of state applications.
When two-thirds of the state legislatures apply, Congress is required to call a convention for proposing amendments. This convention can propose amendments regardless of whether Congress approves of them or not. These proposed amendments are then sent to the states for ratification.
To become part of the Constitution, a proposed amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. This ratification process ensures that any changes to the Constitution have broad support and reflect a consensus between the federal and state levels of government.
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Ratification by three-fourths of states
The process of amending the U.S. Constitution is a complex and rigorous one, involving collaboration between federal and state levels of government. This ensures that any proposed amendment reflects a broad consensus and enjoys bipartisan support. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments.
The first method, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, with three-fourths of the states (38 out of 50) needing to approve it for it to become part of the Constitution. This process highlights the role of state governments in national decision-making and ensures that amendments have broad support.
The second method, which has never been used, allows for a constitutional convention to be called upon by two-thirds of the state legislatures. This method provides a more direct form of democratic participation and allows states to bypass Congress. The proposed amendments from such a convention would then be sent to the states for ratification, again requiring approval from three-fourths of the states.
Once an amendment has been ratified by the required number of states, the Archivist of the United States, in collaboration with the Director of the Federal Register, administers the ratification process. The Archivist certifies that the amendment is valid and publishes this certification in the Federal Register, officially notifying Congress and the nation that the amendment process is complete.
The process of amending the Constitution is deliberately challenging and time-consuming, requiring widespread agreement and thoughtful deliberation. This ensures that the Constitution remains a living, enduring document that can adapt to the changing needs of the country.
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Amendments with bipartisan support
The Constitution of the United States outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
While there have been at least 11,000 proposals to amend the Constitution, only 33 have been submitted to the states for potential ratification, and of those, 27 have been ratified.
In recent times, several amendments have garnered bipartisan support. For instance, three of Congresswoman Lauren Boebert's amendments to the Strategic Production Response Act passed the House with bipartisan support. These amendments aimed to increase government transparency, reduce gas prices, boost American energy production, and protect Colorado energy jobs.
Another notable example is the bipartisan amendment proposed by a group of 16 senators, including Senators Murkowski, Shaheen, Klobuchar, Warner, Rounds, King, and Collins, to protect Dreamers while strengthening border security. This amendment provides a pathway to citizenship for Dreamers, whose status was left uncertain by the termination of the DACA program. It also includes a $25 billion investment in border security and addresses chain migration concerns.
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Congress's role in the process
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. This requires a two-thirds majority vote in both the House of Representatives and the Senate. This phase highlights the necessity of bipartisan backing.
Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority in each house required for submission to the states for ratification.
The process of amending the US Constitution is a collaborative effort between the federal and state levels of government, ensuring that each proposed amendment reflects a broad consensus. The rigorous ratification process prevents hasty amendments and reinforces the Constitution's role as a living, enduring document that governs a dynamic society.
After gaining congressional approval, the amendment is dispatched 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 the informational material.
Once the required number of states ratify an amendment, it goes to the Secretary of State, who can certify it as a valid part of the Constitution.
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Frequently asked questions
The two groups that can propose an amendment to the constitution are Congress and a constitutional convention.
The first method of proposing an amendment to the constitution is through Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate.
The second method is through a constitutional convention called for by two-thirds of the state legislatures.
In the second method, Congress calls for a constitutional convention upon the request of two-thirds of the state legislatures.
The President does not have a constitutional role in the amendment process.
