Jonah Patel
The process of amending the US 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). While the President does not have a constitutional role in the amendment process, they may participate in the ceremonial signing of the certification.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution of the United States | Derived from 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 |
| A constitutional convention called for by two-thirds of the State legislatures | |
| Who is not involved in the amendment process? | The President |
| What is the next step after an amendment is proposed? | Ratification by three-fourths of the States (38 out of 50) |
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What You'll Learn
- Amendments proposed by Congress with a two-thirds majority
- Amendments proposed by a convention called for by two-thirds of state legislatures
- The President does not have a constitutional role
- The Archivist of the United States administers the ratification process
- Amendments become part of the Constitution after ratification by three-quarters of states
Amendments proposed by Congress with a two-thirds majority
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the congressional proposal method.
In order for Congress to propose an amendment, two-thirds of each House of Congress must vote for it. This is a vote of two-thirds of the Members present, assuming the presence of a quorum, and not a vote of two-thirds of the entire membership. Once the amendment is proposed, it is forwarded directly to NARA's 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 relevant information. The Archivist of the United States then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. The States must then decide whether to ratify the amendment. Three-quarters of the States (38 out of 50) must ratify the amendment for it to become part of the Constitution. 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.
It is important to note that the President does not have a constitutional role in the amendment process, and their approval is not necessary for a proposed amendment. However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Amendments proposed by a convention called for by two-thirds of state legislatures
The Constitution of the United States provides that an amendment may be proposed by a constitutional convention called for by two-thirds of the State legislatures. This is one of the two methods authorized by Article Five of the United States Constitution, the other being a two-thirds majority vote in both houses of Congress.
The process of calling for a convention to propose amendments starts with the state legislatures. When two-thirds of the state legislatures (34 out of 50) make an application to Congress, Congress is then required to call for a convention for the purpose of proposing amendments. This method of proposing amendments has never been used. All 27 amendments to the Constitution have been proposed by Congress through a two-thirds majority vote.
The idea of an Article V convention was opposed by James Madison, the "Father of the Constitution". Madison expressed concern about the lack of detail regarding how the convention amendment process would work, stating that "difficulties might arise as to the form" a convention would take. He was also worried that two-thirds of the states could subvert the others, and that leaving the matter to the discretion of the states would mean that only alterations that increased the powers of the states would be proposed. Despite Madison's concerns, the provision for an Article V convention was included in the Constitution.
Once an amendment is proposed by a convention, it becomes law only after ratification by three-fourths of the states (38 out of 50). This is the same ratification process as for amendments proposed by Congress. The Archivist of the United States is responsible for administering the ratification process, although many of the duties associated with this function have been delegated to the Director of the Federal Register.
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The President does not have a constitutional role
The Constitution provides that 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. In both cases, the President is not involved in the process. The joint resolution for an amendment does not go to the White House for signature or approval; instead, it is sent directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication.
While the President has no formal constitutional role in the amendment process, there have been instances of Presidents playing an informal, ministerial role. For example, President George Washington sent the first twelve proposed amendments to the states for ratification after Congress approved them. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. In recent history, the signing of the certification of an amendment has become a ceremonial function that may be attended by the President. For example, President Nixon witnessed the certification of the 26th Amendment.
Despite these examples, the Supreme Court has affirmed that the President has no formal role in the constitutional amendment process. In the 1920 case Hawke v. Smith, the Court characterised its earlier decision in Hollingsworth v. Virginia as having settled that the submission of a constitutional amendment did not require the action of the President.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist, who heads the National Archives and Records Administration (NARA), assumes this duty under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
The ratification process begins when the Archivist submits a proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. 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.
The OFR 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 until an amendment is adopted or fails. The OFR then verifies that it has received the required number of authenticated ratification documents (approval by legislatures of at least three-quarters of the States, or 38 out of 50 States). Upon verification, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The certification is signed by the Archivist and 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, in recent history, become a ceremonial function attended by various dignitaries, including the President. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive, although they do not make any substantive determinations as to the validity of State ratification actions.
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Amendments become part of the Constitution after ratification by three-quarters of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article provides that an amendment may be proposed by 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. Once an amendment is proposed, it must be ratified by three-quarters of the states to become part of the Constitution. This means that 38 out of 50 states must ratify the amendment.
The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist is responsible for ensuring that the amendment has been ratified by the required number of states and then certifies 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.
It is important to note that the President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not require presidential approval and is sent directly to the NARA's Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the process by verifying the receipt of authenticated ratification documents and drafting the formal proclamation for the Archivist's certification.
In recent history, the signing of the certification has become a ceremonial event attended by dignitaries, including the President. While the Archivist typically signs the certification, there have been instances where the President has witnessed the certification, such as President Nixon's presence during the certification of the 26th Amendment.
The authority to amend the Constitution and the process outlined in Article V highlight the checks and balances in the system. By requiring a supermajority vote in Congress or a constitutional convention, and subsequent ratification by a majority of states, the amendment process ensures that any changes to the Constitution reflect the consensus of a significant portion of the country.
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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 state legislatures.
After an amendment is proposed, it must be ratified. Ratification can be done by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
The President does not have a constitutional role in the amendment process. However, in recent history, the President has been involved in the ceremonial signing of the certification of amendments.
