Omar Bennett
The United States Constitution has a two-step process for making amendments, as outlined in Article Five. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of state legislatures. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and were written by James Madison. Since then, there have been 27 amendments in total, with six currently pending ratification.
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What You'll Learn
The Bill of Rights
The United States Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and was signed by 39 delegates on September 17, 1787. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches.
The process of amending the Constitution is outlined in Article Five. Amendments must be proposed and ratified to become operative. This can occur through a two-thirds majority in both the Senate and House of Representatives or a national convention called by Congress at the request of two-thirds of the states. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
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Congress's role in amendments
Congress plays a crucial role in the amendment process of the United States Constitution, as outlined in Article V of the Constitution. This process involves two steps: proposing an amendment and achieving ratification.
Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is made in the form of a joint resolution, which is then forwarded 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, publishes the joint resolution in slip law format, and assembles an information package for the states.
Congress can also call for a national convention to propose an amendment if two-thirds of the state legislatures request it. However, this option has never been used. Once an amendment is proposed, either by Congress or a convention, it is submitted to the states for ratification.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register. The OFR examines these documents for authenticity and legal sufficiency. If they are in good order, the Director acknowledges receipt and maintains custody.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). 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.
Congress has proposed and ratified 27 amendments to the Constitution, with an additional six amendments proposed but not ratified by the required number of states.
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State legislatures' role
The process of amending the US Constitution is outlined in Article Five of the Constitution. This process involves two steps: proposing an amendment and ratifying it.
State legislatures play a crucial role in both proposing and ratifying amendments to the US Constitution. Firstly, 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. To date, all amendments have been proposed by Congress, and none have been proposed by a constitutional convention.
Once an amendment is proposed, it is sent to the states for ratification. 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 done through state ratifying conventions or by the legislatures of three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through state ratifying conventions.
State legislatures have the power to approve or reject proposed amendments. In the past, some state legislatures have not waited for official notice before taking action on a proposed amendment. Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who administers the ratification process.
The first ten amendments to the Constitution, known as the Bill of Rights, were ratified by three-fourths of the state legislatures on December 15, 1791. These amendments were proposed to limit the powers of the federal government and protect individual liberties.
In summary, state legislatures play a vital role in the amendment process by having the authority to propose amendments through constitutional conventions and ratify them through their legislatures or state ratifying conventions. Their approval or rejection of proposed amendments shapes the ultimate composition of the US Constitution.
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Ratification process
The process of amending the United States Constitution is outlined in Article Five of the Constitution. This article details a two-step process for making changes to the nation's plan of government.
Firstly, an amendment must be proposed. This can be done in two ways: by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives; or by a national convention, called by Congress, on the application of two-thirds of state legislatures. This second method has never been used.
Once proposed, the amendment is sent to the states for ratification. To become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). This can be done either through the state legislatures or state ratifying conventions. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through state conventions.
The Archivist of the United States is responsible for administering the ratification process. When an amendment is ratified, the Archivist issues a certificate, proclaiming that it has become an operative part of the Constitution. The Archivist does not make any substantive determinations about the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
There have been 27 amendments to the Constitution, with six more proposed but not ratified by the required number of states. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The process of amending the Constitution was designed to balance the need for change with the need for stability.
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The Reconstruction Amendments
The 13th Amendment, ratified in 1865, abolished slavery and involuntary servitude throughout the United States, except as punishment for a crime. This amendment was passed by the U.S. Senate on April 8, 1864, and after legislative maneuvering by the Lincoln administration, it was also passed by the House on January 31, 1865. The 13th Amendment was swiftly ratified by all but three Union states: Delaware, New Jersey, and Kentucky.
The 14th Amendment, ratified in 1868, addresses citizenship rights and equal protection under the law for all people. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key figure in the passage of this amendment. Born during George Washington's administration, Stevens had a long career dedicated to the struggle against slavery and for equal rights for Black Americans. During the Civil War, he was among the first to advocate for the emancipation of slaves and the enrollment of Black soldiers. Stevens even proposed confiscating land from Confederate planters and distributing it to former slaves.
The 15th Amendment, ratified in 1870, prohibits federal and state governments from denying a citizen's right to vote based on race, colour, or previous condition of servitude. This amendment was proposed in 1869 after the narrow election of Ulysses S. Grant to the presidency convinced a majority of Republicans that protecting the franchise of Black men was crucial for the party's future.
While the Reconstruction Amendments were significant steps towards establishing equality for Black Americans, their promise was eroded by state laws and federal court decisions in the late 19th century. For example, in 1876 and beyond, some states passed Jim Crow laws that limited the rights of African Americans. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education in 1954 and civil rights legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of these amendments were realised.
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Frequently asked questions
There have been 27 amendments to the Constitution, with 33 proposed.
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.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
An amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
