Malcolm Rivera
The ratification of the U.S. Constitution in 1788 was a pivotal moment in American history. Article V of the United States Constitution outlines two methods for ratifying proposed constitutional amendments. The first is state legislature ratification, which requires the approval of the legislatures in three-fourths of the states. The second is the convention method of ratification, which allows the sentiments of registered voters to be more directly felt on highly sensitive issues.
| Characteristics | Values |
|---|---|
| Who chooses the method to ratify the constitution | Congress |
| How is it ratified? | Requires the approval of the legislatures in three-fourths of the states |
| What happens if the required number of states ratify an amendment? | It goes to the Secretary of State, who can certify it as a valid part of the Constitution |
| What is the convention method of ratification? | An alternate route to considering the pro and con arguments of a particular proposed amendment |
| What is the benefit of the convention method of ratification? | Allows the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues |
| What is the benefit of state legislature ratification? | Ensuring that any changes to the Constitution have widespread support across the country |
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What You'll Learn
State ratifying conventions
The convention method of ratification is procedurally more complicated than the state legislature method because it is separate and different from a state legislature. As early as the 1930s, state lawmakers enacted laws to prepare for the possibility of Congress specifying the convention method of ratification. Many laws refer to a one-off event, with an ad-hoc convention convened solely for the purposes of the 21st Amendment. Other laws, however, provided guidelines for ratifying conventions in general.
A state ratifying convention may not in any way change a proposed constitutional amendment, but must accept or reject the proposed amendment as written. To some extent, the convention method of ratification loosely approximates a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, thus allowing the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues.
The ratification of a proposed amendment through state ratifying conventions has only been used once, for the 21st Amendment in 1933, which repealed Prohibition. This flexible option allows states to reflect the will of their constituents directly. The Supreme Court ensures that the state ratification process is constitutional. The stipulation that an amendment must be ratified by three-fourths of the states guarantees widespread agreement, highlighting the importance and enduring impact of each alteration to the Constitution.
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State legislature ratification
The benefits of state legislature ratification include ensuring that any changes to the Constitution have widespread support across the country. This rigorous process highlights the importance of widespread agreement in constitutional amendments. It also embodies the federal nature of the US government and the diverse opinions across the nation.
The ratification of the US Constitution in 1788 was a pivotal moment in America's history. The only amendment that has been ratified through the state legislature method thus far is the 21st Amendment in 1933, which repealed Prohibition.
In a state's legislature, the ratification method is procedurally simple. It involves proposing a resolution, memorial, or proclamation of ratification and voting it up or down in each chamber of that state legislature. However, the convention method of ratification is a bit more complicated because it is separate and different from a state legislature.
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The convention method of ratification
The only amendment that has been ratified through the convention method thus far is the 21st Amendment in 1933, which repealed Prohibition. As early as the 1930s, state lawmakers enacted laws to prepare for the possibility of Congress specifying the convention method of ratification. Many laws refer to a one-off event, with an ad-hoc convention convened solely for the purposes of the 21st Amendment. Other laws, however, provided guidelines for ratifying conventions in general.
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The Supreme Court's role in state ratification
The Supreme Court ensures that the state ratification process is constitutional. The ratification of a proposed amendment to the US Constitution can be done through state legislature ratification or a state ratifying convention. State legislature ratification is procedurally simple: a resolution, memorial, or proclamation of ratification is proposed and voted on in each chamber of the state legislature. The convention method of ratification is more complicated and is an alternative route to considering the pro and con arguments of a particular proposed amendment. It loosely approximates a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, allowing the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues.
State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ratifying proposed constitutional amendments. Article V reads:
> The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.
Both methods require a consensus among the states, highlighting the importance of widespread agreement in constitutional amendments. The rigorous process ensures that any changes to the Constitution have broad support. The stipulation that an amendment must be ratified by three-fourths of the states guarantees widespread agreement, reflecting the diverse opinions across the nation. State ratification is a critical and deliberative phase in the constitutional amendment process. It embodies the federal nature of the US government.
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The 21st Amendment
State ratifying conventions are convened solely for the purpose of considering a specific proposed amendment, and they must accept or reject the amendment as written. This method loosely approximates a one-state, one-vote national referendum, allowing the sentiments of registered voters to be more directly felt on highly sensitive issues.
State legislature ratification, on the other hand, is procedurally simple: a resolution, memorial, or proclamation of ratification is proposed, and then voted up or down in each chamber of the state legislature. This method ensures that any changes to the Constitution have widespread support across the country.
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Frequently asked questions
The method to ratify the constitution is chosen by Congress.
The two methods are state legislature ratification and state ratifying conventions.
State legislature ratification is procedurally simple, requiring the approval of the legislatures in three-fourths of the states. State ratifying conventions are more complicated and allow the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues.
Only one amendment has been ratified through this method: the 21st Amendment in 1933, which repealed Prohibition.
If the required number of states ratify an amendment, it goes to the Secretary of State, who can certify it as a valid part of the Constitution.
