Jonah Patel
Article V of the United States Constitution 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 an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process of amending the Constitution is deliberately challenging, and amendments are not the primary means by which constitutional changes occur.
| Characteristics | Values |
|---|---|
| Number of ways | 2 |
| Authority | Article V of the Constitution |
| First Method | Two-thirds majority vote in both the House of Representatives and the Senate |
| Second Method | Constitutional convention called for by two-thirds of state legislatures |
| Current Process | First method |
| Ratification | Three-fourths of the States (38 of 50 States) |
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What You'll Learn
Amendments proposed by Congress
The Constitution of the United States can be amended in two ways, as outlined in Article V. One method is for Congress to propose an amendment, which is the only method that has been used thus far.
Congress proposes an amendment in the form of a joint resolution. A two-thirds majority vote is required in both the House of Representatives and the Senate for Congress to propose an amendment. This is a vote of two-thirds of the members present, assuming a quorum is present, and not a vote of two-thirds of the entire membership. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, 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. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
Once an amendment is proposed by Congress, it is sent to the states for ratification. Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. The states can ratify amendments through their legislatures or by calling conventions for the sole purpose of deciding whether to ratify an amendment. Congress determines which method the states must follow for ratification.
In recent years, the signing of the certification has become a ceremonial function attended by various dignitaries, including, on some occasions, the President. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. They have delegated many of the ministerial duties associated with this function to the Director of the Federal Register. 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 and serves as official notice that the amendment process has been completed.
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Amendments proposed by constitutional convention
The United States Constitution outlines two methods for proposing amendments. The first method, which has been used 33 times, involves a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, is through a constitutional convention called for by two-thirds of state legislatures (34 out of 50).
The process of amending the Constitution through a constitutional convention, also known as an Article V Convention, has sparked debates among scholars. While it has never been utilised at the federal level, over 230 constitutional conventions have been convened at the state level. The potential consequences of an Article V convention are a subject of discussion. Some scholars argue that it could become a "runaway convention", exceeding its intended scope and requiring ratification by more states than initially needed to call the convention.
The proposal for a constitutional convention to amend the Constitution has historical roots. During the 1787 Constitutional Convention in Philadelphia, eight state constitutions included an amendment mechanism. The Articles of Confederation required unanimous consent from all 13 states for the national government to act, which proved unfeasible. The newly drafted Constitution aimed to address this issue. Initially, the Virginia Plan sought to bypass the national legislature, stating that "the assent of the National Legislature ought not to be required."
However, concerns were raised about granting the national legislature sole authority to propose amendments. George Mason argued that the government could become oppressive and withhold consent for necessary amendments. As a result, the Convention unanimously voted to include the provision for states to request a convention to propose amendments, now known as the Article V convention method.
Despite the availability of this method, none of the 27 amendments to the Constitution have been proposed through a constitutional convention. The process begins with two-thirds of state legislatures applying to Congress to call for a convention. Once the amendments are proposed, they must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
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Ratification by state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution provides two methods for proposing amendments, but only one of these methods has been used so far. In this method, the House and Senate propose a constitutional amendment by a two-thirds majority vote. This vote must be a two-thirds majority of the members present, not the entire membership. This proposal is then sent to the states for ratification.
Congress decides which method of ratification the states must follow. While the state legislatures method is the most common, Congress can instead require states to hold conventions for the sole purpose of deciding whether to ratify an amendment. This method has only been used once, for 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 of the duties associated with this function to the Director of the Federal Register. Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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 that the amendment process has been completed.
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Ratification by conventions
The United States Constitution, under Article V, outlines two methods for proposing amendments. The first method, which has been used for all amendments thus far, involves a two-thirds majority vote in both the House of Representatives and the Senate. This process bypasses the President, as the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, is the focus of this discussion: Ratification by Conventions, also known as proposing amendments through a constitutional convention. This method is initiated when two-thirds of state legislatures call for a convention, and it allows amendments to be proposed independently of Congress. The proposed amendments are then sent to the states for ratification, requiring approval from three-quarters of the states (38 out of 50) to become part of the Constitution.
The process of Ratification by Conventions empowers states to play a direct role in amending the Constitution. It provides an alternative route when Congress may be less inclined to propose certain amendments. While this method has yet to be utilised, it serves as a potential avenue for states to drive constitutional changes without relying solely on congressional action.
The Ratification by Conventions process is designed to be a collaborative effort between the states and Congress. Once the convention proposes an amendment, it is sent to the states for their consideration. Congress determines the mode of ratification, specifying whether the states should ratify through their legislatures or by convening for the sole purpose of deciding on the amendment.
The Twenty-First Amendment is the only exception to the general trend of ratification by state legislatures, showcasing the flexibility and importance of the Ratification by Conventions process as an alternative pathway for constitutional amendments.
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Amendments by supermajorities
In the United States, Article V of the Constitution outlines the process for amending the Constitution. One method, which has been used for all amendments thus far, is for Congress to propose 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, requiring approval from three-quarters of the states (38 out of 50) to become part of the Constitution. This process ensures that a small minority of the country can prevent an amendment from being added.
The Constitution of Ethiopia follows a similar process, requiring a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly to amend its constitution.
In other countries, such as India, amendments to the Constitution are proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress. These amendments must then be adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
It's important to note that while supermajorities are one way to amend a constitution, there are also other methods, such as direct approval by the electorate in a referendum or a combination of multiple procedures.
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