Omar Bennett
The process of drafting constitutional amendments is a complex and important aspect of governance. In the United States, the Constitution outlines two methods for proposing amendments: the first empowers Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate, while the second method, which has never been used, involves a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of state legislatures or conventions, a process overseen by the Archivist of the United States. This process has been utilised throughout history to shape the nation's governing document, with 27 amendments successfully ratified since the Bill of Rights in 1791.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | 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, or a constitutional convention called for by two-thirds of the State legislatures |
| Who drafts the amendment? | Congress proposes an amendment in the form of a joint resolution |
| Who administers the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Who signs the certification? | The Archivist or the President |
| What is required for an amendment to become part of the Constitution? | Ratification by three-fourths of the States (38 of 50 States) |
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What You'll Learn
- The US Constitution's Article V outlines the amendment process
- Amendments are proposed by Congress with a two-thirds majority
- Amendments can also be proposed by a convention of two-thirds of state legislatures
- Ratification is achieved with three-quarters of state legislatures or conventions
- The Archivist of the US certifies amendments, witnessed by dignitaries
The US Constitution's Article V outlines the amendment process
Congress proposes amendments in the form of a joint resolution, which does not require the signature or approval of the President. The resolution is sent directly 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 and publishes the resolution in slip law format, also providing an information package for the states.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist follows established procedures and customs, with many duties delegated to the Director of the Federal Register. Once three-fourths of the states (38 out of 50) ratify the amendment, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity.
The 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 signing of this certification has become a ceremonial function attended by dignitaries, including the President in some cases. This process outlines the steps for amending the US Constitution, ensuring a structured and standardised approach to constitutional changes.
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Amendments are proposed by Congress with a two-thirds majority
The United States Constitution outlines the procedure for making changes to it. According to Article V, amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the first method for amending the Constitution.
Congress initiates the amendment process by proposing an amendment 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. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process. They add legislative history notes to the joint resolution and publish it in slip law format. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and other relevant information.
Once an amendment is proposed by Congress, it must be ratified to become part of the Constitution. Ratification can occur in one of two ways, as determined by Congress. The first option is for the amendment to be ratified by the legislatures of three-quarters of the states (38 out of 50 states). The second option is for the amendment to be ratified by ratifying conventions conducted in three-quarters of the states. This second method has only been used once in American history, in the 1933 ratification of the Twenty-First Amendment. It is important to note that the vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of the state's population or length of time in the Union.
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Amendments can also be proposed by a convention of two-thirds of state legislatures
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. An alternative method for proposing amendments is through a convention of two-thirds of state legislatures, which request that Congress call this convention.
This second method for proposing amendments has yet to be invoked. It was designed to empower state legislatures to "erect barriers against the encroachments of the national authority". This method was included in Article V as a compromise between two conflicting viewpoints during the 1787 Constitutional Convention. One group believed that the national legislature should have no role in the constitutional amendment process, while the other contended that proposals should originate in the national legislature and be ratified by state legislatures or conventions.
Once an amendment has been proposed, it must be ratified. Ratification can occur in one of two ways: by a vote of the legislatures of three-quarters of the states, or by ratifying conventions in three-quarters of the states. Only one amendment, the Twenty-First Amendment in 1933, has been ratified by the latter method.
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 duties associated with this function to the Director of the Federal Register. Once the required number of authenticated ratification documents has been received, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
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Ratification is achieved with three-quarters of state legislatures or conventions
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 go through the ratification process. Ratification can be achieved in two ways, as determined by Congress: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. This means that an amendment becomes part of the Constitution when it is ratified by either method.
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 process includes receiving and verifying authenticated ratification documents from the states and drafting a formal proclamation for the Archivist to certify the amendment's validity.
It is important to note that the authority to amend the Constitution is a significant power, and the process is designed to ensure a careful and deliberate approach to any changes. In recent history, 27 amendments have been ratified and are now part of the Constitution, while several proposed amendments have not received ratification by the required number of states.
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The Archivist of the US certifies amendments, witnessed by dignitaries
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 is submitted to the states for ratification.
The Archivist of the United States plays a crucial role in this process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. After an amendment is proposed, the Archivist submits it to the states for their consideration. When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist, who then forwards it to the Director of the Federal Register for examination and custody.
Once three-fourths of the states (38 out of 50) have ratified an amendment, the Office of the Federal Register (OFR) verifies the receipt of the required number of authenticated ratification documents. The OFR then 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, serving as official notice to Congress and the nation that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial event witnessed by various dignitaries, including the President. For example, President Johnson witnessed the certification of the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. On May 18, 1992, the Archivist, for the first time, performed the duties of the certifying official for the 27th Amendment, with the Director of the Federal Register signing as a witness.
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Frequently asked questions
Amendments to the US Constitution 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 state legislatures.
For an amendment to become part of the Constitution, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states.
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 duties associated with this function to the Director of the Federal Register.
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