Unanimous Agreement: Amending The Constitution

The process of amending the US Constitution is outlined in Article V of the Constitution. It involves a two-step process of proposal and ratification. To propose an amendment, two-thirds of both houses of Congress must vote in favour, or two-thirds of state legislatures can request Congress to convene a national convention to propose amendments. For an amendment to be ratified, it must be approved by three-fourths of state legislatures or by ratifying conventions in three-fourths of states. The President does not have a constitutional role in the amendment process, and the Supreme Court has affirmed that amendments do not require presidential approval or veto. The Archivist of the United States is responsible for administering the ratification process, and the final certification of an amendment is published in the Federal Register and U.S. Statutes at Large.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$105.45 $150

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.21

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.4 $45

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The US Constitution's Article V outlines the amendment process

The US Constitution's Article V outlines the process for amending the Constitution. It establishes two methods for proposing and ratifying amendments. Firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method used thus far. Secondly, Congress may call a constitutional convention at the request of two-thirds of state legislatures. However, this method has never been used.

Once an amendment is proposed, it must be ratified. Congress determines the method of ratification. An amendment can be ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths of the states. The latter method has only been used once, for the Twenty-First Amendment, which repealed Prohibition.

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 examines ratification documents for authenticity and legal sufficiency. Once the required number of authenticated documents is received, 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 of the amendment's completion.

While Article V outlines the amendment process, some scholars argue that it is not the exclusive means of amending the Constitution, suggesting that other methods may be possible. Additionally, Article V does not specify a deadline for ratification, although most recent amendments have included one.

Amendments are proposed by Congress or constitutional convention with two-thirds majority

The Constitution of the United States is a living document that can be amended through a rigorous process. Amendments are proposed by Congress or a constitutional convention, both requiring a two-thirds majority. Congress proposes amendments in the form of a joint resolution, bypassing the President, who has no constitutional role in the amendment process. This was affirmed by the Supreme Court in Hollingsworth v. Virginia (1798).

Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Once proposed, the amendment is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA adds legislative history notes and publishes the amendment in slip law format.

Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose amendments. This has never happened in US history. Once proposed, the amendment follows the same process as one proposed by Congress. The OFR sends an information package to the states, including formal "red-line" copies and copies in slip law format.

After an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states. Congress determines the mode of ratification, which can be through state legislatures or ratifying conventions. Each state's vote carries equal weight, regardless of its population or length of time in the Union. The Archivist of the United States is responsible for administering the ratification process, although many duties have been delegated to the Director of the Federal Register.

Once an amendment is ratified, the OFR drafts a formal proclamation for the Archivist to certify its validity. This certification is published in the Federal Register and serves as official notice that the amendment process is complete. The certification has become a ceremonial function attended by dignitaries, sometimes including the President.

Amendments are ratified by state legislatures or ratifying conventions in three-fourths of states

The process of amending the Constitution is outlined in Article V of the Constitution. Notably, the President does not have a constitutional role in the amendment process, and their signature or approval is not required for constitutional amendments.

Amendments to the Constitution 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 is sent to the Archivist of the United States, who administers the ratification process.

The proposed amendment is then submitted to the states for ratification. To be ratified, an amendment must be approved by either three-fourths of the state legislatures or ratifying conventions in three-fourths of the states. Congress determines which method the states must follow for ratification. The vote of each state carries equal weight, regardless of its population or length of time in the Union.

Once an amendment is ratified by the required number of states, the Archivist of the United States 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 that the amendment process is complete.

Explore related products

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$15.99 $26.99

American Constitutional Law: Introductory Essays and Selected Cases

$143.59 $180

The Constitutional Amending Process in American Political Thought

$95

The United States Constitution, Declaration of Independence, Bill of Rights with Amendments: Large Print Edition (Annotated)

$9.99

The Archivist of the US administers the ratification process

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives. They are also responsible for safeguarding and making available for study all the permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights.

The Archivist is appointed by the president with the advice and consent of the Senate. The current Archivist of the United States is Dr. Colleen J. Shogan, who was sworn in on May 17, 2023. She is the first woman to hold the position.

The Archivist plays a crucial role in the process of amending the Constitution. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. This involves receiving an original or certified copy of the State action from the Governors when a State ratifies a proposed amendment. The Archivist then delegates many of the ministerial duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature.

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, serving as official notice to Congress and the nation that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

The President has no constitutional role in the amendment process

In the 1798 case of Hollingsworth v. Virginia, the Supreme Court affirmed that constitutional amendments do not require the President's approval or veto. The Court's decision was later characterised as having settled that the submission of a constitutional amendment does not necessitate the action of the President. This precedent was further upheld in the 1920 case of Hawke v. Smith.

While the President has no formal role in the amendment process, there have been instances of Presidents playing an informal, ministerial role. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, and President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment. However, it is important to note that these signatures were not necessary for the proposal or ratification of the amendments.

The process of amending the Constitution is initiated by Congress, which proposes an amendment 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. Once an amendment is proposed, it is forwarded directly to the Office of the Federal Register (OFR) for processing and publication, bypassing the President.

The OFR plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution. After receiving the required number of authenticated ratification documents from the States, the 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.

In summary, while the President may occasionally perform ceremonial functions related to constitutional amendments, they have no formal constitutional role in the amendment process as outlined by Article V of the Constitution and affirmed by the Supreme Court.

Frequently asked questions