Simone Lawson
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 the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. While the President does not have a direct role in the amendment process, the ratification of amendments can be influenced by political realities and national movements. State legislatures play a significant role in generating constitutional amendments, and states have varying requirements for crafting amendments, including majority or supermajority legislative support. Additionally, some states, like Florida, have unique processes for proposing amendments through constitutional commissions or conventions.
| Characteristics | Values |
|---|---|
| Who can propose a constitutional amendment? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Legislatures of two-thirds of the several States, which will call a Convention for proposing Amendments | |
| Who is responsible for administering the ratification process? | The Archivist of the United States |
| Who has the authority to amend the Constitution of the United States? | Article V of the Constitution |
| What is the role of the President in the amendment process? | The President does not have a constitutional role in the amendment process |
| What is the role of the Archivist? | The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register |
| What is the role of the Director of the Federal Register? | The Director of the Federal Register follows procedures and customs established by the Secretary of State |
| What is the role of the Secretary of State? | The Secretary of State performed the duties until 1950 |
| What is the role of the Administrator of General Services? | The Administrator served in this capacity until NARA assumed responsibility as an independent agency in 1985 |
| What is the role of NARA? | NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format |
| What is the role of the OFR? | The OFR examines ratification documents for facial legal sufficiency and an authenticating signature |
| When does a proposed amendment become part of the Constitution? | When it is ratified by three-fourths of the States (38 of 50 States) |
| Who certifies that the amendment is valid and has become part of the Constitution? | The Archivist |
| Where is the certification of the amendment published? | The Federal Register and U.S. Statutes at Large |
| Who attends the signing of the certification? | Various dignitaries, which may include the President |
| Who submits proposed amendments or revisions to voters for their approval? | Conventions |
| Which state is unique in allowing constitutional commissions to submit amendments directly to voters? | Florida |
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What You'll Learn
Two-thirds majority in Congress
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of both Houses must deem it necessary to propose amendments.
Since the Founding, Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification. However, at least 11,000 proposals to amend the Constitution have not been approved by the two-thirds majority in each house required for submission to the states for ratification.
The two-thirds vote in each house 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, present and absent. Once Congress proposes an amendment, 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 ministerial duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). When the required number of authenticated ratification documents is received, 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 to Congress and the Nation that the amendment process is complete.
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Two-thirds of state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. One of the two methods for proposing amendments involves two-thirds of state legislatures playing a crucial role. This method has never been used, and all amendments have been proposed by Congress. However, it is important to understand the potential role of state legislatures in proposing constitutional amendments.
When two-thirds of the state legislatures deem it necessary, they can apply to Congress to call a convention for proposing amendments. This process empowers the states to initiate the amendment process and ensures their involvement in shaping the Constitution. It is designed to provide a mechanism for the states to propose changes to the nation's founding document when they believe it is required.
The process begins with the state legislatures taking the initiative. Legislators in each state propose and discuss potential amendments, considering the needs and views of their constituents. Once two-thirds of the states have agreed to support a particular amendment or a set of amendments, they make an official application to Congress. This application serves as a formal request for Congress to convene a convention specifically dedicated to proposing amendments to the Constitution.
The convention, once convened, becomes the platform for debating and refining the proposed amendments. It is a dedicated forum for discussing potential changes to the Constitution, with representatives from the state legislatures playing a central role. The convention provides an opportunity for a comprehensive exchange of ideas, concerns, and suggestions regarding the amendments under consideration.
While the convention debates and finalises the proposed amendments, it is essential to recognise that the amendments do not become part of the Constitution immediately. After the convention, the proposed amendments must go through the ratification process. As outlined in Article V, for the amendments to become valid and binding as part of the Constitution, they must be ratified by the legislatures of three-fourths of the states. This ensures that any changes to the Constitution reflect the will of a significant majority of the states.
In conclusion, the provision for two-thirds of state legislatures to initiate the amendment process is a significant aspect of the United States Constitution. While it has not been utilised to propose amendments yet, it serves as a reminder of the important role states play in shaping the nation's governing document. This process empowers the states to propose amendments directly and ensures their active participation in any constitutional reforms.
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State governor proposal
The process of proposing a constitutional amendment in the United States is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, there are two ways in which an amendment can be proposed.
The first method is through a two-thirds majority vote in both the House of Representatives and the Senate, also known as Congress. This process bypasses the need for state involvement and allows for direct implementation on a federal level.
The second method involves state governors and state legislatures. State governors can propose constitutional amendments by formally submitting them to their state legislatures. This process requires the support of two-thirds of the state legislatures, which then triggers a constitutional convention. This convention serves as a platform for proposing amendments, and it can be called for by either the state governors or the legislatures of two-thirds of the states.
It is important to note that, historically, none of the constitutional amendments have been proposed by a constitutional convention. Once an amendment is proposed through this method, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The process of proposing and ratifying constitutional amendments is a complex and lengthy procedure. State governors play a crucial role in initiating the process by proposing amendments to their state legislatures, which then triggers the involvement of other states and, ultimately, the potential amendment of the Constitution.
In addition to the role of state governors, some states, like Florida, have unique processes. Florida allows constitutional commissions to submit amendments directly to voters, bypassing the state legislature. This demonstrates the varying approaches different states may employ in proposing and ratifying constitutional amendments.
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Voter approval
Initiating the Amendment Process
The process of proposing a constitutional amendment typically begins with either the state legislature or a constitutional convention. State legislatures generate over 80% of constitutional amendments considered and approved annually across the country. Legislators propose amendments through a majority or supermajority legislative vote, depending on the state requirements. On the other hand, constitutional conventions are less frequently employed, with none of the 27 amendments to the US Constitution being proposed through this method.
Voter Involvement in the Amendment Process
Voters play a crucial role in approving constitutional amendments. Most constitutions require that amendments be enacted through stringent procedures, often involving direct approval by the electorate in a referendum. In some states, such as California, New York, Tennessee, and Texas, proposed amendments must secure the approval of a majority of voters in a referendum. This process ensures that any changes to the constitution reflect the will of the people.
Exceptions and Variations in Voter Approval
While voter approval is a fundamental aspect of the amendment process, there are some exceptions and variations worth noting. For instance, Florida stands out by empowering constitutional commissions to submit amendments directly to voters, bypassing the legislature. Additionally, Nevada requires voter approval of citizen-initiated constitutional amendments at two successive elections, adding an extra layer of consideration.
The Role of Congress and Ratification
Congress plays a significant role in the constitutional amendment process, as outlined in Article V of the Constitution. After an amendment is proposed, Congress specifies whether it will be submitted to state legislatures or a convention for ratification. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who delegates duties to the Director of the Federal Register.
Historical Context and Federal Laws
The process of proposing and approving constitutional amendments has evolved over time. Federal laws, such as the Civil Rights Acts, the Voting Rights Act of 1965, and the Voting Accessibility for the Elderly and Handicapped Act of 1984, have played a pivotal role in protecting Americans' right to vote and ensuring equal participation in the democratic process. These laws have helped remove barriers to voting and prohibited discrimination based on race, color, or language minority status.
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Commission proposal
In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. This article establishes two methods for proposing amendments:
Proposal by Congress
The first method, outlined in Article V, allows Congress to propose amendments whenever two-thirds of both Houses deem it necessary. This process requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. Once the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Proposal by State Legislatures
The second method, also outlined in Article V, involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used to propose any of the 27 amendments to the Constitution. In this process, the legislatures of two-thirds of the States apply to Congress, which then calls a convention for proposing amendments. The proposed amendments are then ratified by the legislatures of three-fourths of the States or by conventions in three-fourths of the States, as determined by Congress.
It is worth noting that State legislatures generate more than 80% of constitutional amendments considered and approved annually. Additionally, conventions are typically called by legislators and require majority or supermajority legislative approval, depending on the state.
While Congress and State Legislatures are the primary proposers of constitutional amendments, commissions also play a role in some states. Florida is unique in allowing constitutional commissions to submit amendments directly to voters. The state's Constitution Revision Commission and Taxation and Budget Reform Commission are authorised to place amendments on the ballot for voter approval. These commissions meet every 20 years, with the latter commission proposing amendments specifically related to tax and budget items.
In other states, commissions are formed to recommend amendments for legislative consideration, but they do not have the direct power to place amendments on the ballot as in Florida. These commissions contribute to the constitutional amendment process by providing expertise and specialised knowledge to support legislative decisions.
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Frequently asked questions
The US Constitution states that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
The President does not have a constitutional role in the amendment process. The joint resolution does not go to the White House for signature or approval.
The Legislatures of two-thirds of the States can call for a constitutional convention to propose amendments. This method has never been used.
The Archivist of the United States 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.
After an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
