Jonah Patel
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment 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-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. The US Constitution does not specify a deadline for the ratification of proposed amendments, but most amendments since 1917 have included one. The President does not have a constitutional role in the amendment process, and the Archivist of the United States is responsible for administering the ratification process.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Who proposes 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 |
| Who is not involved in the amendment process | The President |
| Who administers the ratification process | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Who drafts a formal proclamation for the Archivist | The OFR (Office of the Federal Register) |
| Who signs the certification | The Archivist, or the President, or both |
| Who decides the mode of ratification | Congress |
| Number of states required for ratification | Three-fourths of the States (38 of 50 States) |
| Who decides deadlines for ratification | Congress |
| Who decides whether Article V can be amended | Law professor George Mader and other legal scholars |
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What You'll Learn
Congress with a two-thirds majority
The authority to amend the U.S. Constitution is derived from Article V of the Constitution. The Constitution may be amended by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the President's signature or approval.
Congress proposes amendments whenever two-thirds of both Houses deem it necessary. The amendment process begins with a proposal from Congress, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process, although they do not make any substantive determinations as to the validity of state ratification actions.
Once an amendment is proposed by Congress, it must be ratified by either the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The mode of ratification is determined by Congress. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
In recent history, the certification of a successfully ratified amendment has become a ceremonial function attended by dignitaries, including the President in some cases. 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 is complete.
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State legislatures
The U.S. Constitution is difficult to change and has only been amended 27 times. State constitutions, on the other hand, are amended much more frequently and easily. The constitutions of the 50 states have been amended around 7,000 times.
Furthermore, state legislatures can play a role in citizen-initiated amendments. In most states, once citizen-initiated amendments meet the signature and legal requirements, they are placed on the ballot without the legislature's involvement. However, in Massachusetts, citizen-initiated amendments must secure the support of one-fourth of the legislature members in two consecutive sessions before appearing on the ballot.
Conventions, which are generally called by legislators, also provide a path for amending state constitutions. Legislators are typically required to approve a convention referendum, with the majority or supermajority legislative vote needed depending on the state. In a few states, it is possible to bypass the legislature and call a convention through the initiative process.
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The Archivist of the United States
The Office of the Federal Register (OFR) assists the Archivist in the amendment process. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. It also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and the statutory procedure for ratification. The Archivist then submits the proposed amendment to the states by sending a letter of notification to each Governor along with the informational material prepared by the OFR.
Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. When 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 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. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The Archivist performed the duties of the certifying official for the first time in 1992, recognizing the ratification of the 27th Amendment.
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The President
However, it is worth noting that the President can play an informal and ministerial role in the amendment process. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, in recent history, the signing of the certification of amendments has become a ceremonial function that the President may attend. For instance, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
While the President does not have a formal role in amending the Constitution, they can influence the process by proposing legislation that aligns with their goals. For example, President Trump stated that he intended to sign an executive order to remove the citizenship guarantee in the 14th Amendment. However, it is important to clarify that the President cannot change or repeal parts of the Constitution through executive orders or legislation. Amending the Constitution requires a rigorous process, including a two-thirds majority vote in both the House and the Senate, followed by ratification by three-quarters of the states.
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The people
Article V states that the people have the power to call for a constitutional convention if two-thirds of the state legislatures agree. This has never happened in the history of the United States; all amendments have been proposed by Congress. However, the people's power to call for a convention is an important check on the powers of Congress.
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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 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.
An amendment must be ratified by either the legislatures of three-quarters of the states (38 out of 50) or by ratifying conventions in three-quarters of the states. Congress determines which method the states must follow.
