Omar Bennett
The United States Constitution grants the power to propose constitutional amendments to Congress, requiring a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed through a constitutional convention called for by two-thirds of state legislatures. This method, however, has never been used. The process of proposing and ratifying amendments aims to strike a balance between flexibility and rigidity, ensuring the Constitution can be amended while preventing hasty or oppressive changes. The Archivist of the United States plays a crucial role in administering the ratification process, with support from the Director of the Federal Register.
| Characteristics | Values |
|---|---|
| Number of methods to propose constitutional amendments | 2 |
| First method | Two-thirds of both Houses of Congress propose Amendments to the Constitution |
| Second method | Two-thirds of the State Legislatures call a Convention for proposing Amendments |
| First method's ratification | Requires two-thirds majority vote in both the House of Representatives and the Senate |
| Second method's ratification | Requires ratification by three-fourths of the states |
| Congress's role | Congress proposes Amendments and determines the method of ratification |
| State Legislatures' role | Can call a Convention for proposing Amendments and ratify Amendments |
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What You'll Learn
Two-thirds majority in Congress
Article V of the U.S. Constitution establishes two methods for proposing amendments to the Constitution. The first method requires a two-thirds majority in Congress, with both the House and the Senate proposing a constitutional amendment by a vote of two-thirds of the members present. This method has been used to propose 33 constitutional amendments, which were then sent to the states for potential ratification.
To achieve a two-thirds majority in Congress, both the House of Representatives and the Senate must pass an amendment by a vote of at least two-thirds of their respective members. This means that a significant number of members from both houses must vote in favour of the amendment. Achieving this supermajority requirement ensures broad support for any proposed constitutional amendment.
The two-thirds majority in Congress is an essential check on the amendment process, preventing hasty or partisan changes to the Constitution. It requires consensus-building and encourages amendments that have a strong base of support across political divides. This safeguard aligns with James Madison's vision of the amendment process, which sought to balance "pliancy and rigidity" and guard against both "extreme facility" and "extreme difficulty" in amending the Constitution.
While the two-thirds majority in Congress is a challenging threshold to meet, it has been achieved on numerous occasions, resulting in significant amendments to the Constitution. For example, the Fourteenth Amendment, which granted citizenship and due process rights to African Americans after the Civil War, was proposed by Congress with a two-thirds majority in 1866. More recently, the Twenty-seventh Amendment, which relates to congressional compensation laws, was proposed by Congress in 1789 but only gained the required two-thirds majority of state ratifications in 1992, highlighting the enduring nature of the amendment process.
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Two-thirds of state legislatures
The United States Constitution grants two-thirds of state legislatures the power to propose constitutional amendments. This method is outlined in Article V of the Constitution, which establishes two ways to propose amendments. The first method, which has been used 33 times, requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, allows two-thirds of state legislatures (34 out of 50) to call for a convention to propose amendments.
The second method addresses concerns raised by George Mason during the 1787 Constitutional Convention in Philadelphia. Mason argued that requiring the consent of the National Legislature could allow them to abuse their power and prevent necessary amendments. As a result, Article V includes language allowing states to request a convention. However, there are concerns that an Article V convention could become a "runaway convention" and exceed its scope. Proponents argue that this is unlikely, given the United States' experience with state constitutional conventions.
The process of proposing amendments through a convention begins with state legislators calling for a convention. Once two-thirds of state legislatures have made this request, Congress calls the convention, though it has no further control over the process. The convention then proposes amendments, which become law only after ratification by three-fourths of the states (38 out of 50).
The Archivist of the United States plays a crucial role in the amendment process. They are responsible for administering the ratification process and ensuring its legal sufficiency. Once an amendment is ratified, the Archivist certifies its validity, making it official.
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Congress calls a convention
Article V of the United States Constitution establishes two methods for proposing amendments to the Constitution. The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This is the only method that has been used thus far, with 33 amendments proposed and 27 of these ratified by three-fourths of the states.
The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures (34 out of 50). This method has been debated by scholars and there are concerns about whether an Article V convention could become a "runaway convention" that attempts to exceed its scope.
The process of calling a convention begins with the state legislatures submitting applications to Congress. The states must specify the subject matter of the convention and cannot request an unlimited convention. Once Congress receives the applications, it calls for a convention by passing a joint resolution. The convention then meets to propose amendments, which are submitted to the Archivist of the United States for the ratification process.
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. Once the required number of authenticated ratification documents is received by the OFR, 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 serves as official notice that the amendment process is complete.
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Ratification by three-fourths of states
The power to propose constitutional amendments in the United States is derived from 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 be ratified by three-fourths of the states to become part of the Constitution. This means that 38 out of 50 states must approve the amendment for it to be adopted. The ratification process can be carried out by state legislatures or by conventions in three-fourths of the states, as determined by Congress.
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 process to the Director of the Federal Register (OFR). The OFR is responsible for examining ratification documents for legal sufficiency and authenticity. Once 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.
The ratification process for constitutional amendments ensures that any changes to the Constitution reflect the will of a significant majority of states. This process helps to maintain the integrity and stability of the Constitution while allowing for necessary amendments to be made.
In the past, there have been instances where states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist's role is to certify the facial legal sufficiency of ratification documents, and their decision is final and conclusive. The certification process has become a ceremonial function attended by various dignitaries, including the President.
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The President's role
The President does not have a constitutional role in the amendment process. When an amendment is proposed, the joint resolution does not go to the White House for signature or approval. Instead, the original document 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. It also 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 the statutory process.
Once the OFR has verified 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, serving as official notice to 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 the President. However, the President's presence at this ceremony is not a constitutional requirement, and their role in the amendment process is minimal.
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Frequently asked questions
The US Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the state legislatures.
Congress plays a crucial role in both methods of proposing amendments. In the first method, Congress directly proposes the amendment with a two-thirds majority vote in both chambers. In the second method, Congress calls for a constitutional convention upon the request of two-thirds of the state legislatures.
After Congress proposes an amendment, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) adds legislative history notes, publishes the joint resolution, and assembles an information package for the states.
The states have the power to initiate the second method of proposing amendments by calling for a constitutional convention. Two-thirds of the state legislatures (34 out of 50) can request Congress to convene an Article V convention for proposing amendments.
The first method, involving a two-thirds majority vote in Congress, has been used to propose 33 amendments, 27 of which have been ratified by three-fourths of the states. The second method, involving a constitutional convention, has never been used to propose an amendment.
