Amending The Constitution: Who Holds The Power?

The process of amending the US Constitution is a difficult and time-consuming endeavour. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted four years later as the Bill of Rights. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments, although this has never occurred. Once an amendment is ratified, it becomes part of the Constitution.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$105.45 $150

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.21

The Constitution of the United States and The Declaration of Independence

$1.99 $14.95

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.4 $45

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The US Constitution's Article V outlines the amendment procedure

The US Constitution's Article V outlines the procedures for amending the Constitution. It establishes two methods for proposing and two methods for ratifying amendments.

The first method for proposing an amendment requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far. The second method, which has never been used, involves two-thirds of state legislatures calling on Congress to organise a constitutional convention for proposing amendments.

The first method of ratification requires three-fourths of state legislatures to ratify an amendment. The second method involves three-fourths of states ratifying an amendment through conventions. Congress determines which method of ratification is used.

Since 1789, 33 amendments have been submitted to the states for ratification, all originating in Congress. Of these, 27 have been ratified. The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which safeguard individual rights from government interference.

The process of amending the US Constitution is deliberately difficult and time-consuming. Amendments must be of major impact, affecting all Americans or securing the rights of citizens.

Amendments require a two-thirds majority vote in the House of Representatives and Senate

The process of amending the United States Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted four years later as the Bill of Rights. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.

Amendments to the Constitution can 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 the members present in both chambers must vote in favour of the proposed amendment. It is important to note that the President does not have a constitutional role in this process, and the joint resolution is not sent to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

The two-thirds majority vote requirement in both houses of Congress sets a high bar for proposing amendments, ensuring that any changes to the Constitution have broad support and consensus. This process is designed to protect the stability and longevity of the Constitution, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come."

Once an amendment is proposed by Congress, it must then be ratified by the legislatures of three-fourths of the states (38 out of 50 states). This means that a proposed amendment becomes part of the Constitution when it is approved by a sufficient number of state legislatures. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the ministerial duties associated with this process to the Director of the Federal Register.

In summary, the two-thirds majority vote requirement in the House of Representatives and the Senate is a crucial step in the process of amending the Constitution. It ensures that any changes to this foundational document reflect the will of a significant portion of Congress and sets the stage for the subsequent ratification process by the states.

Three-fourths of state legislatures must then ratify the amendment

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process is deliberately difficult and time-consuming. After an amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, it must be ratified by three-fourths of state legislatures, or 38 out of 50 states. This can be done either through the state legislatures themselves or through ratifying conventions in three-quarters of the states. This latter process has only been used once in American history, for the ratification of the Twenty-First Amendment in 1933.

The ratification process is administered by 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 Archivist and Director follow procedures and customs established by the Secretary of State and the Administrator of General Services, who performed these duties prior to 1985 when NARA became an independent agency.

Once the OFR (part of NARA) 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 the Congress and the Nation that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including, on occasion, the President.

Explore related products

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

American Constitutional Law: Introductory Essays and Selected Cases

$140

A Companion to the United States Constitution and Its Amendments

$34.65 $45

The Constitutional Amending Process in American Political Thought

$95

The Liberty Amendments: Restoring the American Republic

$15.99 $26.99

The Archivist of the US and the Director of the Federal Register oversee the process

The Archivist of the United States plays a crucial role in the process of amending the Constitution, as outlined in Article V of the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This involves submitting amendments proposed by Congress to the states for ratification and collecting state ratifications. Once an amendment is ratified by three-fourths of the states (38 out of 50), the Archivist certifies it as part of the Constitution.

The Archivist has delegated many of the ministerial duties to the Director of the Federal Register. Together, they follow the procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.

The Director of the Federal Register assists the Archivist in the amendment process. 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. The Office of the Federal Register (OFR) examines these 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 plays a crucial role in the process by providing information packages to the states, which include formal "red-line" copies of the joint resolution and the statutory procedure for ratification. Once the OFR receives 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 then 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 27th Amendment, certified by Archivist Don W. Wilson in 1992, is the only constitutional amendment to be certified by the Archivist of the United States. The Archivist's role in the constitutional amendment process is significant, ensuring the proper administration and certification of amendments to the nation's founding document.

The President does not have a constitutional role in the amendment process

The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a challenging and time-consuming process, as the framers intended it to be, with only 27 amendments since 1787. An amendment can be proposed by Congress with a two-thirds majority vote in the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Notably, the President does not have a constitutional role in the amendment process.

The President's absence from the amendment process is a significant feature of the constitutional procedure. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The joint resolution does not go to the White House for signature or approval by the President. Instead, the OFR adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states.

The role of the President in the amendment process is limited to a ceremonial function. While not a constitutional requirement, there have been instances where the President has signed certifications for amendments as a witness. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. However, these actions are not part of the formal amendment process outlined in the Constitution.

The constitutional amendment process is deliberately designed to be challenging, ensuring that any changes to the foundational document of the nation are carefully considered and broadly supported. By excluding the President from the formal process, the framers of the Constitution created a system where amendments are proposed and ratified through congressional and state legislative action, reflecting a consensus across political representatives and geographic regions. This process reinforces the separation of powers and checks and balances inherent in the US constitutional system.

Frequently asked questions