The Power To Propose: Constitutional Amendments

The United States Constitution outlines two methods for proposing constitutional 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, involves a convention called for by two-thirds of state legislatures, resulting in a convention of states. Amendments become law only after ratification by three-fourths of the states.

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Two-thirds majority in Congress

Article V of the U.S. Constitution establishes that two-thirds of both Houses of Congress can propose amendments to the Constitution. This means that a two-thirds majority of both the House of Representatives and the Senate must vote in favour of an amendment for it to be proposed. This method has been used to propose 33 constitutional amendments, 27 of which have been ratified by three-fourths of the States.

The two-thirds majority vote in each house is a vote of two-thirds of the members present, assuming the presence of a quorum. This means that two-thirds of the entire membership do not need to be present and voting, but simply two-thirds of those present at the vote. This is the only method for proposing amendments that has been used thus far.

The other method outlined by Article V for proposing amendments has never been used. This method involves Congress calling a convention for proposing amendments upon the request of two-thirds of state legislatures (34 of the 50 states). This convention would be for the purpose of proposing amendments, and would become law only after ratification by three-fourths of the states (38 of the 50).

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. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then 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 good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.

Two-thirds of state legislatures

Article V of the United States Constitution establishes two methods for proposing amendments to the Constitution. One of these methods involves two-thirds of state legislatures. This method has never been used.

The first method for proposing amendments to the Constitution 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 for proposing amendments that has been used thus far. Since the founding of the United States, Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification.

The second method for proposing amendments to the Constitution involves two-thirds of state legislatures. This method has never been used. According to Article V of the Constitution, on the application of two-thirds of the state legislatures (that is, 34 of the 50 states), Congress shall call a convention for proposing amendments. This convention becomes law only after ratification by three-fourths of the states (38 of the 50 states).

The concern has been raised that if states have the power to limit an Article V convention to a particular subject matter, and Congress only has the power to call a convention and not to control or regulate it, then a potential issue arises whereby a convention could become a "runaway convention" that attempts to exceed its scope. However, proponents of a convention doubt that this would occur, given the United States' experience with state constitutional conventions.

There have been efforts to call an Article V Convention. For example, the conservative group Citizens for Self-Governance (CSG) is engaged in an ongoing effort to call an Article V Convention through its "Convention of States Project". CSG is seeking "to urge and empower state legislators to call a convention of states" to stop the "runaway power of the federal government".

Ratification by three-fourths of states

The power to propose constitutional amendments in the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This 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 an amendment is proposed, the Archivist submits it to the states for their consideration by sending a letter of notification to each governor, along with informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.

The ratification process can occur through one of two methods, as determined by Congress. The first method requires three-fourths of the state legislatures to ratify the amendment. The second method, used only once in American history for the Twenty-First Amendment, involves three-fourths of state ratifying conventions approving the proposed amendment.

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 of the Federal Register. The OFR examines the ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

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. 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.

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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 the 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 the subject of debate among scholars. There are concerns about whether an Article V convention could become a "runaway convention" that attempts to exceed its scope. However, proponents argue that this is unlikely, given the United States' experience with state constitutional conventions.

The process of calling a convention begins with the state legislatures submitting applications to Congress. The applications must specify the subject matter of the proposed amendments and cannot be unlimited. Once Congress receives applications from two-thirds of the states, it calls a convention. The convention participants propose amendments, which are then submitted to the states for ratification.

The ratification process for amendments proposed by convention is the same as for those proposed by Congress. Amendments become part of the Constitution when ratified by three-fourths of the states (38 out of 50). The Archivist of the United States and the Director of the Federal Register play key roles in administering the ratification process and certifying the validity of amendments.

The President's role

The President does not have a constitutional role in the amendment process. The President's role in the process of proposing constitutional amendments is limited. The President does not have the power to propose constitutional amendments directly. Instead, the authority to propose amendments rests with Congress or a convention of states.

Congress, consisting of the House of Representatives and the Senate, can propose amendments with a two-thirds majority vote in both chambers. This process has been utilized throughout history, resulting in the proposal of numerous amendments. However, the President is not involved in this stage and does not sign or approve the joint resolution for proposing an amendment.

Alternatively, two-thirds of state legislatures (34 out of 50) can apply to Congress to call for a convention to propose amendments. This method, referred to as an Article V Convention, has never been used federally, but it has been employed in over 600 state constitutional conventions. The President is not directly involved in this process of proposing amendments through a convention.

Once an amendment is proposed, either by Congress or a convention, it undergoes a ratification process. The Archivist of the United States, in collaboration with the Director of the Federal Register, administers this process. The proposed amendment is sent to the states for ratification, and it becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). While the President may attend the signing ceremony for the certification of an amendment, they do not have a substantive role in the ratification process.

In summary, while the President may be present during ceremonial functions related to the certification of amendments, their role in proposing constitutional amendments is non-existent. The power to propose amendments rests with Congress or a convention of states, and the President does not constitutionally contribute to this process.

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