Malcolm Rivera
The process of amending the United States Constitution is outlined in Article V of the Constitution. Amending the Constitution is a challenging and time-consuming process, as the framers intended for the document to endure. An amendment may be proposed 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. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states. The Constitution has been amended 27 times since it was drafted in 1787, including the first ten amendments, which were adopted as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Country | United States |
| Amendment Authority | Article V of the Constitution |
| Amendment Proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment Process | A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of the state legislatures (38 out of 50 states) |
| Amendment Count | 27 amendments since 1787 |
| Amendment Method | Amendments are interwoven into relevant sections, directly altering the text, or appended as supplemental additions without altering the original text |
| Ratification Process Administrator | Archivist of the United States, with support from the Director of the Federal Register |
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What You'll Learn
The authority to amend the Constitution
The authority to amend the United States Constitution is derived from Article V of the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. Amending the Constitution is a difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states (38 out of 50 states).
The amendment process can also be initiated by two-thirds of the state legislatures calling on Congress to convene a Constitutional Convention. However, this has never occurred. Once an amendment is proposed, it is forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the proposed amendment in slip law format, along with an information package for the states.
The Archivist of the United States is responsible for administering the ratification process. While the Archivist does not make substantive determinations on the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive. 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.
The signing of this certification has become a ceremonial function attended by dignitaries, including, on some occasions, the President. The certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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The amendment proposal process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of proposing and adopting an amendment is challenging and time-consuming, as the framers intended. The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later.
An amendment can be proposed in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. Secondly, two-thirds of state legislatures can request Congress to call a constitutional convention, although this has never happened.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services. The Archivist submits the proposed amendment to the states for their consideration, and the Governors formally submit it to their state legislatures.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). When the Office of the Federal Register (OFR) receives the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, officially notifying Congress and the nation that the amendment process is complete. The signing of the certification has become a ceremonial function attended by dignitaries, including the President in some cases.
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Ratification of amendments
The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution.
A proposed amendment must be passed by two-thirds of both houses of Congress (the House of Representatives and the Senate), and then ratified by the legislatures of three-fourths of the states (38 out of 50 states). Once an amendment is ratified by the required number of states, the Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has 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. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The OFR examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including, on some occasions, the President. The 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 has been completed.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role of the Archivist involves supervising and directing the National Archives, as well as overseeing the preservation and accessibility of government records. The Archivist is appointed by the President of the United States and is responsible for maintaining the integrity and availability of historical records.
In the context of amending the Constitution, the Archivist plays a crucial role in the process. Once an amendment is proposed by Congress or a national convention, it is sent to the states for ratification. The Archivist of the United States is then responsible for administering the ratification process. This includes receiving original or certified copies of state actions and delegating certain duties to the Director of the Federal Register. The Archivist ensures that the ratification documents are in order and complies with the procedures established by the Secretary of State and the Administrator of General Services.
Upon receiving the required number of authenticated ratification documents, the Archivist issues a certificate proclaiming that the amendment has been duly ratified and has become an operative part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation. The Archivist's role in the amendment process ensures the integrity and validity of the ratification process, providing a final and conclusive determination on the facial legal sufficiency of the ratification documents.
In addition to their role in the amendment process, the Archivist of the United States also has duties related to the custody of important documents, such as state ratifications of amendments, Electoral College documents, and original versions of all statutes of the United States. The Archivist works closely with other specialists, technicians, and volunteers to preserve and make accessible the records in their custody. Overall, the role of the Archivist of the United States is vital to maintaining the historical record and ensuring the smooth functioning of the constitutional amendment process.
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Article V and its limitations
Article V of the U.S. 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, if two-thirds of the state legislatures apply, Congress shall call a convention to propose amendments. In either case, an amendment must be ratified by three-quarters of the state legislatures or conventions to become part of the Constitution.
Article V also includes limitations on the amendment process. Initially, it prohibited amendments made prior to 1808 from affecting certain 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. This limitation has since expired. However, the second sentence of Article V, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate.
The interpretation and application of Article V have been the subject of debate and court cases. Critics argue that the amendment process is too strict, making it difficult to secure approval from both Congress and the states. There is also criticism that the process is biased in favour of the federal government, making it challenging to enact amendments that limit the national government's powers. These criticisms highlight a tension between strict adherence to the amendment process and the ability to make meaningful constitutional changes.
The Supreme Court has weighed in on the issue of time limitations for state ratifications, upholding Congress's power to set deadlines while acknowledging the challenge of determining the timeliness of ratification. In the Coleman v. Miller case (1939), the Court held that the question of timeliness is a political and non-justiciable matter, leaving it to Congress's discretion. This ruling suggests that the length of time between proposal and ratification may not impact an amendment's validity.
Additionally, Article V's prohibition on depriving states of equal suffrage has sparked scholarly interest. Some commentators argue that it should have full legal force, while others oppose its impact on the influence of less populated states. The interpretation of this provision continues to be a subject of discussion and debate.
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Frequently asked questions
The US Constitution can be amended 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.
The amendment process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of the state legislatures. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
The President does not have a constitutional role in the amendment process. However, in recent history, the President has signed the certifications for some amendments as a witness.
