Eleanor Finch
The process of amending the United States Constitution is outlined in Article V of the Constitution. 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 either three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. The authority to amend the Constitution lies with Congress, which decides the method of ratification. The President does not have a constitutional role in the amendment process, and no further action is required by Congress or any other entity once an amendment is ratified by the required number of states.
| Characteristics | Values |
|---|---|
| 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. |
| Who approves the amendments? | Three-quarters of the state legislatures or three-quarters of state ratifying conventions, as determined by Congress. |
| Who administers the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA). |
| Who examines ratification documents? | The Office of the Federal Register (OFR). |
| Who does the OFR forward the original document to? | NARA's Office of Federal Register (OFR) for processing and publication. |
| Who does not have a role in the amendment process? | The President. |
| Who can propose amendments in a convention? | Two-thirds of the Legislatures of the States. |
| Who can propose amendments in a convention that has never been used? | Two-thirds of the States. |
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What You'll Learn
Congress proposes an amendment with a two-thirds majority
Congress can propose an amendment with a two-thirds majority in both the House of Representatives and the Senate. This is known as a joint resolution. Once this is achieved, the amendment is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other supporting documents. This package is sent to the states for ratification, where three-quarters of the state legislatures must approve the amendment for it to become part of the Constitution. This process is known as the first method of ratification.
Alternatively, Congress may require that three-quarters of state ratifying conventions approve a proposed amendment. This is known as the second method of ratification and has only been specified once in history, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require presidential approval before being sent to the states. The authority to amend the Constitution is derived from Article V, which outlines the two methods of ratification.
Congress has introduced at least 11,000 proposals to amend the Constitution, but only 33 have been approved by Congress and sent to the states for ratification. Of these, 27 have been ratified and are now part of the Constitution. The process of amending the Constitution is designed to be rigorous, and it can be challenging to secure approval by two-thirds of both Houses of Congress and three-quarters of the states.
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The Archivist of the United States administers the ratification process
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. According to this article, amendments to the Constitution can be proposed either by Congress or by a constitutional convention. When Congress proposes an amendment, it does so in the form of a joint resolution, which does not require the approval of the President. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA)'s Office of the Federal Register (OFR) for processing and publication.
Once the OFR receives the joint resolution, it adds legislative history notes 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 copies in slip law format. At this point, the process of ratification begins, with Congress determining the method of ratification that the states must follow. The two methods of ratification specified in Article V are ratification by the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states.
The Archivist of the United States, who heads the 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. When 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. The OFR examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The OFR retains these documents until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation. 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 serves as official notice to Congress and the nation that the amendment process has been completed. While the Archivist does not make substantive determinations regarding the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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State legislatures can ratify amendments
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. According to Article V, amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it is sent to the states for ratification. There are two methods for ratifying an amendment, as determined by Congress. The first method, which has been used for all amendments except one, requires ratification by the legislatures of three-quarters of the states (38 out of 50 states). The second method, which has only been used once in history for the Twenty-First Amendment, involves ratification by ratifying conventions in three-quarters of the states.
State legislatures play a crucial role in the amendment process, as they have the power to initiate and ratify amendments. When an amendment is proposed, it is submitted to the state governors, who then forward it to their respective state legislatures. The state legislatures can then choose to ratify or reject the proposed amendment. If an amendment is ratified by the required number of states, it becomes part of the Constitution.
It is worth noting that the process of amending state constitutions can vary across different states. Some states, like Florida, have separate commissions that propose amendments for voter approval. In other states, citizen-initiated amendments may be required to secure support from a certain portion of the legislature before being placed on the ballot. Overall, state legislatures are key players in the process of amending the Constitution, with the power to propose and ratify amendments that will shape the nation's laws and policies.
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Ratification by convention in three-quarters of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process requires that an amendment be proposed and then ratified.
Proposing an amendment
Before an amendment can be ratified, it must first be proposed. The Constitution provides two methods for proposing an amendment:
- Congress proposes an amendment: this requires a two-thirds majority vote in both the House of Representatives and the Senate.
- Constitutional convention: two-thirds of state legislatures call for a convention, which then proposes an amendment.
To date, all amendments have been proposed by Congress, and no amendments have been proposed by constitutional convention.
Once an amendment has been proposed, it must be ratified. There are two methods of ratification, as determined by Congress:
- Ratification by the legislatures of three-quarters of the states (38 out of 50 states).
- Ratification by conventions in three-quarters of the states: this method has only been specified by Congress once in history, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The process of ratification by convention in three-quarters of states involves convening a ratifying convention in each state. A proposed amendment must be approved by a simple majority of voters in most states and by a supermajority of voters in several states. In Nevada, an amendment must be approved by a majority of voters in two consecutive elections.
Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
When the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received (i.e., three-quarters of states have ratified the amendment), a formal proclamation is drafted 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 that the amendment process is complete.
It is important to note that the President does not have a constitutional role in the amendment process, and no further action by Congress or anyone else is required for an amendment to become operative.
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The President does not have a role in the amendment process
When Congress proposes an amendment, it takes the form of a joint resolution. This joint resolution does not require the President's signature or approval and is not sent to the White House. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA)'s Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the amendment process, 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 and copies in slip law format.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties to the Director of the Federal Register. Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice of the amendment's completion.
While the President has no official role in the amendment process, they may be present during the signing of the certification, which has become a ceremonial function attended by dignitaries. However, this is not a requirement, and the President's presence does not impact the amendment's validity.
In summary, the President does not have a constitutional role in proposing, approving, or vetoing constitutional amendments. The authority to amend the Constitution rests with Congress and the state legislatures, with the administrative duties falling to the Archivist of the United States and the Director of the Federal Register.
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Frequently asked questions
Amendments to the US Constitution can be approved by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states.
Congress proposes an amendment, which is then sent to the states for ratification. Congress decides which method the states must follow for ratification.
The President does not have a constitutional role in the amendment process. The joint resolution does not require the President's signature or approval.
Thirty-three amendments to the US Constitution have been approved by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are now part of the Constitution.
