Simone Lawson
The Constitution of the United States has been amended 27 times since it was first drafted in 1787. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments: through a two-thirds majority vote in Congress or by a constitutional convention called for by two-thirds of state legislatures. While the process of amending the Constitution is challenging and time-consuming, it ensures that only significant ideas with a broad impact on Americans or securing citizens' rights are considered. The amendment process involves proposal, ratification, and certification, with the Archivist of the United States playing a crucial role in administering the ratification process.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment | 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 |
| Amendment process | A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). The OFR verifies the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment as valid. |
| Number of amendments | 27 |
| Notable amendments | The first 10 amendments, including the Bill of Rights, women's right to vote, prohibition, abolishment of poll taxes, and lowering the minimum voting age |
| Amendment proposal supporters | Alexander Hamilton, Gouverneur Morris, Elbridge Gerry, Roger Sherman, James Madison |
| Amendment proposal critics | Elbridge Gerry, Roger Sherman, James Madison, Richard C. Leone |
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What You'll Learn
The role of the US Archivist
The US Archivist, who heads the National Archives and Records Administration (NARA), is responsible for managing the constitutional amendment process. This includes submitting amendments proposed by Congress to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states (38 out of 50) ratify them. The US Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. The Office of the Federal Register assists the Archivist in this process, and the Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
The US Archivist also has duties concerning the custody of important documents, such as Electoral College documents during US presidential elections. Additionally, the National Archives, under the supervision of the Archivist, maintains custody of original documents related to joint resolutions and acts of Congress signed into law by the President. The Office of the Federal Register, as a division of the National Archives, assigns public law numbers to new Acts of Congress and provides for their publication.
The first US Archivist, R. D. W. Connor, began serving in 1934 when the National Archives was established as an independent federal agency by Congress. The current US Archivist is Colleen Joy Shogan, who was nominated by President Joe Biden in 2022 and is the first woman to hold the position permanently.
In the process of amending the Constitution, the US Archivist plays a crucial role in ensuring the integrity and finalisation of the amendment. The Archivist receives certified copies of state actions related to proposed amendments and conveys them to the Director of the Federal Register for examination. Once the required number of authenticated ratification documents is verified, 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 that the amendment process is complete.
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Congress's role in proposing amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress plays a crucial role in proposing amendments, as outlined by this Article. Firstly, Congress can propose amendments to the Constitution whenever two-thirds of both Houses (the House of Representatives and the Senate) deem it necessary. This process requires a two-thirds majority vote in both chambers, and the amendment is then proposed in the form of a joint resolution. It is important to note that the President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval.
Since the founding of the United States, Congress has proposed thirty-three constitutional amendments using this method. These proposals are then sent to the states for potential ratification. However, it is worth mentioning that at least 11,000 proposals to amend the Constitution have not been approved by the required two-thirds majority in each house, and therefore have not been submitted to the states.
The second method for proposing amendments, which has never been used, involves Congress calling a convention upon the request of two-thirds of the states. In this scenario, Congress acts as a facilitator, responding to the initiative of the states. This method has been the subject of scholarly debate, with questions surrounding the mandatory nature of Congress calling a convention and the extent to which such a convention can be controlled.
Once an amendment is proposed, either by Congress or through a constitutional convention, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. The Archivist works closely with the Director of the Federal Register, who handles many of the associated duties. The process includes sending informational material to state governors, who then submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications. Once a state ratifies, it sends an original or certified copy of the action to the Archivist, who forwards it to the Director of the Federal Register for examination and custody. When the required number of authenticated ratification documents is reached, the OFR 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, serving as official notice to Congress and the nation that the amendment process is complete.
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State legislatures' influence
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It states that an amendment may be proposed by either 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 state legislatures. This process ensures that significant changes to the nation's foundational document require substantial support from a super-majority of legislators or states.
State legislatures play a crucial role in the process of amending the Constitution. While Congress has typically initiated amendments, the state legislatures have the power to propose amendments through a constitutional convention. This mechanism ensures that even if Congress is reluctant or unresponsive to calls for change, the states can still drive the amendment process. This reflects the framers' intention to create a system where both the general and state governments have a say in amending the Constitution.
In practice, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. However, this does not diminish the influence of state legislatures in the amendment process. When Congress proposes an amendment, it must be ratified by three-fourths of the states (38 out of 50 states) before it becomes part of the Constitution. This means that state legislatures have the power to accept or reject amendments, acting as a check on the power of Congress and ensuring that amendments have broad support across the country.
The role of state legislatures in the amendment process has been a topic of debate since the drafting of the Constitution. Some delegates, like Elbridge Gerry, expressed concerns that a majority of states at a convention could ratify amendments that might subvert state constitutions. On the other hand, delegates such as George Mason worried that Article V would allow Congress to block amendments favoured by the states. These concerns led to the inclusion of the provision for a constitutional convention, ensuring that states had a direct avenue to propose amendments.
In recent history, there have been instances where state legislatures have come close to calling for a constitutional convention. In the 1960s, 1980s, and 20th century, efforts were made to secure the necessary two-thirds threshold for a convention, with campaigns focusing on issues like the popular election of US Senators and a balanced budget amendment. While these efforts fell short, they demonstrate the ongoing influence of state legislatures and their ability to shape the national dialogue on potential amendments.
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The ratification process
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves two methods of proposing amendments and two methods of ratifying them.
Firstly, an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the State legislatures. To date, all 27 amendments to the Constitution have been proposed by Congress.
Once an amendment has been proposed, it is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States.
The mode of ratification is determined by Congress, which can specify either ratification by state legislatures or ratification by state convention. For an amendment to be ratified, it must be approved by three-fourths of the States (38 out of 50). Once the OFR 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, serving as official notice to Congress and the Nation that the amendment process has been completed.
In recent times, the signing of the certification has become a ceremonial function attended by various dignitaries, including, on occasion, the President.
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The President's involvement
While the President of the United States does not have a constitutional role in the amendment process, and a proposed amendment does not require their signature or approval, the President may still be involved in the process in a ceremonial capacity. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
In addition, the President may endorse the idea of an amendment. For example, President Clinton endorsed the idea of a crime victims' rights amendment.
The process of amending the Constitution is outlined in Article V of the Constitution. 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 an amendment is proposed, the Archivist of the United States administers the ratification process. The Archivist notifies the states, and each governor submits the amendment to their state's legislature or ratifying convention. When a state ratifies the amendment, it sends an original or certified copy of the action to the Archivist. Once the Archivist receives the required number of state ratifications (38 of 50 states), they issue a certificate proclaiming the amendment duly ratified and part of the Constitution.
The process of amending the Constitution is deliberately difficult and time-consuming. Of the 33 amendments submitted to the states for ratification, only one, the Twenty-first Amendment, has been ratified by a state convention. The remaining 27 amendments have been proposed by Congress and ratified by the states.
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Frequently asked questions
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.
The proposed amendment is forwarded 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, along with an information package for the States.
Once a proposed amendment is ratified by three-fourths of the States (38 out of 50), the OFR verifies the authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
