Malcolm Rivera
The process of amending the Constitution of the United States 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 is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 of 50 states). The process of amending the Constitution is designed to strike a balance between the need for change and the stability of the nation's plan of government. Since 1789, there have been 27 successful amendments to the Constitution, with approximately 11,848 proposals introduced in Congress.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the State legislatures |
| Who is responsible for administering the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Who drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution? | The OFR (Office of the Federal Register) |
| Who can propose amendments in other countries? | In Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament |
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What You'll Learn
The US Congress proposes amendments
The US Constitution is a flexible document that can be amended. Amendments to the US Constitution can be proposed by the US Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval.
Since the Constitution was enacted in 1789, there have been 27 amendments, with approximately 11,848 proposals introduced in Congress as of January 3, 2019. Collectively, members of the House and Senate propose around 200 amendments during each two-year term of Congress. The first 10 amendments, known as the Bill of Rights, were proposed by the First Congress and ratified on December 15, 1791. The most recent amendment, the 27th Amendment, was ratified in 1992, 203 years after it was proposed in 1789.
The process of proposing an amendment begins with Congress, which passes a joint resolution proposing the amendment. The original document is then forwarded 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.
Once an amendment is proposed, it must be ratified to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). The OFR examines ratification documents for legal sufficiency and authenticity. 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, serving as official notice that the amendment process is complete.
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A two-thirds majority vote is required
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution provides that an amendment may be proposed either 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.
To date, none of the 27 amendments to the Constitution have been proposed by constitutional convention. All amendments have been proposed by Congress in the form of a joint resolution. This joint resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process.
The process of achieving a two-thirds majority vote in both the House and the Senate is a challenging one. Members of the House and Senate propose around 200 amendments during each two-year term of Congress. However, the majority of these die in congressional committees. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate. The last time a proposal gained the necessary two-thirds support in both chambers for submission to the states was the District of Columbia Voting Rights Amendment in 1978.
Once an amendment is proposed by Congress, it is forwarded 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. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution, as well as copies in slip law format.
The process of amending the Constitution is a rigorous one, designed to strike a balance between the need for change and the stability of the nation's plan of government. The two-thirds majority vote requirement in both the House and the Senate ensures that any proposed amendment has significant support before being submitted to the states for ratification.
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The Archivist of the US administers ratification
The process of amending the US Constitution is outlined in Article V of the Constitution. While Congress proposes amendments, it is the Archivist of the United States who is responsible for administering the ratification process. The Archivist heads the National Archives and Records Administration (NARA) and has delegated many of the duties associated with this function to the Director of the Federal Register.
When an amendment is proposed by Congress, 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 and copies of the joint resolution in slip law format.
Once a proposed amendment is ratified by a State, the State 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.
When the OFR receives the required number of authenticated ratification documents (ratification by three-fourths of the States, or 38 of 50 States), 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 Congress and the Nation that the amendment process is complete. While the Archivist does not make any substantive determinations as to the validity of State ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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Amendments are sent to the states for ratification
The process of amending the US Constitution is outlined in Article Five of the Constitution. Amendments can be proposed by either the US Congress or a national convention called by Congress upon the request of two-thirds of state legislatures (34 states). Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the Senate and the House of Representatives.
Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. The Archivist has delegated many of the associated duties to the Director of the Federal Register. The procedures followed by the Archivist and the Director are based on those established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
When an amendment is submitted to the states, the Archivist sends a letter of notification to each state governor, along with informational material prepared by the Office of the Federal Register (OFR). The governors then submit the amendment to their state legislatures or call for a convention, as specified by Congress. State legislatures can take action on a proposed amendment before receiving official notification.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through state ratifying conventions or the legislatures of three-fourths of the states. Once the OFR verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist. The Archivist then certifies that the amendment is valid and has become operative, publishing this certification in the Federal Register and U.S. Statutes at Large. This certification serves as official notice to Congress and the nation that the amendment process is complete.
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Amendments become operative after certification
The process of amending the US Constitution is detailed in Article V of the Constitution. Amendments to the Constitution can be proposed either 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 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 OFR then 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 Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. When a State ratifies a proposed amendment, it sends the Archivist of the United States 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. The OFR retains these documents until an amendment is adopted or fails.
A proposed amendment becomes part of the Constitution and is considered operative as soon as it is ratified by three-fourths of the States (38 out of 50 States). At this point, the OFR verifies that it has received the required number of authenticated ratification documents.
The Archivist of the United States then certifies 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. The certification is a ceremonial function that may be attended by various dignitaries, including the President.
In summary, while the proposal and ratification process for amendments to the US Constitution is detailed in Article V of the Constitution, the certification by the Archivist of the United States serves as the final step in the process, officially declaring that an amendment has become operative and is now part of the Constitution.
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Frequently asked questions
Amendments can be proposed by the US 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.
The proposed amendment is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The Archivist of the United States is responsible for administering the ratification process. Once an amendment is properly ratified, the Archivist issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Thirty-three amendments have been proposed by Congress and sent to the states for ratification, out of which twenty-seven have been ratified and are part of the Constitution.
