Eleanor Finch
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming. Amendments can 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 an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal | By a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Number of amendments | 27 since 1787 |
| First 10 amendments | Known as the Bill of Rights, ratified on December 15, 1791 |
| Total proposed amendments | 33 |
| Unratified amendments | 6 |
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What You'll Learn
The US Constitution and Article V
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights. Amending the Constitution is a difficult and time-consuming process, as the framers intended. Article V of the US Constitution outlines the two methods for proposing amendments.
The first method requires both the House and the Senate to propose a constitutional amendment by a two-thirds majority vote in each chamber. This is the only method that has been used so far. Congress has proposed 33 amendments using Article V's procedures, 27 of which have been ratified by the states.
The second method, which has never been used, involves two-thirds of state legislatures calling on Congress to convene a constitutional convention to propose amendments. This process would also require ratification by three-fourths of the states.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur through the legislatures of three-fourths of the states (38 of 50 states) or by conventions in three-fourths of the states, as proposed by Congress. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The specific procedures for ratification are not detailed in Article V or the relevant federal law but are based on customs established by the Secretary of State and the Administrator of General Services prior to NARA assuming responsibility in 1985.
After ratification, the Archivist certifies 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. The certification process has become a ceremonial function attended by dignitaries, including the President on some occasions.
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The role of Congress
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it a challenging process to amend the document. Since the Constitution was drafted in 1787, there have been 27 amendments, including the first 10 amendments, which were ratified in 1791 as the Bill of Rights.
Congress plays a crucial role in the amendment process, as outlined in Article V of the Constitution. Congress can propose amendments whenever two-thirds of both Houses deem it necessary. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President. Congress has proposed 33 amendments using Article V's procedures, 27 of which have been ratified by the states.
For an amendment to become part of the Constitution, it must be ratified. The process of ratification involves the legislatures of three-fourths of the states (38 out of 50 states) approving the proposed amendment. Once the required number of states has ratified the amendment, the Director of the Federal Register drafts a formal proclamation for the Archivist of the United States to certify. This certification confirms that the amendment is valid and has become an official part of the Constitution.
It is important to note that no amendment proposed or ratified before 1808 could have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. Additionally, no amendment can deprive a state, without its consent, of its equal suffrage in the Senate.
While the President does not have a constitutional role in the amendment process, they may participate in the ceremonial signing of the certification, as witnessed by past presidents for various amendments.
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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 was first occupied by R. D. W. Connor in 1934, when the National Archives was established as an independent federal agency by Congress. The Archivist is responsible for the supervision and direction of the National Archives, including the Office of the Federal Register (OFR), a division of the National Archives.
The Archivist plays a crucial role in the constitutional amendment process. After Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, the Archivist is responsible for administering the ratification process. This 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. The Archivist has delegated many of the ministerial duties associated with this process to the Director of the Federal Register.
Once a proposed amendment is ratified by three-fourths of the states (38 out of 50 states), the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then 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 signature on the certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
In addition to their role in the amendment process, the Archivist also has duties concerning the custody of Electoral College documents during United States presidential elections. These administrative responsibilities are often delegated to the Director of the Federal Register. Overall, the Archivist of the United States plays a vital role in preserving and maintaining the integrity of the nation's historical records and constitutional amendments.
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Ratification by state legislatures
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution involves a proposal stage and a ratification stage.
The proposal stage involves either a two-thirds majority vote in both the House of Representatives and the Senate or a constitutional convention called for by two-thirds of the state legislatures. 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 follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The ratification process involves the approval of the proposed amendment by either three-fourths of the state legislatures or three-fourths of state ratifying conventions, as determined by Congress. Each state legislature or convention considers the proposed amendment and takes action. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register.
The OFR, or NARA's Office of the Federal Register, examines the 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 an amendment is adopted or fails. Once the OFR verifies that it has received the required number of authenticated ratification documents (38 out of 50 states), 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 signing of the certification has become a ceremonial function attended by dignitaries, including the President on some occasions.
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The difficulty of amending the Constitution
Amending the US Constitution is a difficult and time-consuming process. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". To ensure its longevity, the framers intentionally made it challenging to modify. This challenge is evident in the recent struggles of supporters of congressional term limits and a balanced budget amendment to secure the changes they desired. Since its drafting in 1787, the Constitution has only been amended 27 times, including the first ten amendments, known as the Bill of Rights, adopted four years later.
The process of amending the Constitution is outlined in Article V of the Constitution. A proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. This step alone sets a high bar, requiring supermajorities in both chambers of Congress or a convention of states to initiate an amendment. However, even if a proposal successfully navigates this initial hurdle, the path to ratification remains arduous.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). Achieving this level of consensus across a diverse nation can be incredibly challenging, especially on issues that are politically divisive or involve questions of states' rights. The ERA Amendment, for example, failed to secure the necessary majority of state legislatures in the 1980s. The close political divide in Congress further complicates the process, with partisan interests often hindering the passage of amendments.
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Frequently asked questions
The authority to amend the US Constitution is derived from Article V of the Constitution.
A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. Alternatively, two-thirds of state legislatures can request Congress to call a Constitutional Convention to propose amendments.
The proposed amendment is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The OFR verifies the ratification documents and drafts a formal proclamation for the Archivist to certify the amendment.
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted in 1791 as the Bill of Rights.
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