Omar Bennett
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, 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 an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. Since 1789, there have been 27 amendments to the Constitution, including the Bill of Rights, which comprises the first 10 amendments.
| Characteristics | Values |
|---|---|
| Number of proposals to amend the Constitution since 1789 | 11,848 (as of January 3, 2019) |
| Number of amendments proposed by Congress and sent to states for ratification since 1789 | 33 |
| Number of amendments that are part of the Constitution | 27 |
| Number of amendments that have not been ratified by the required number of states | 6 |
| Number of amendments that are still pending | 4 |
| Number of amendments that closed and failed by their own terms | 1 |
| Number of amendments that closed and failed by the terms of the resolution proposing it | 1 |
| Authority to amend the Constitution | Article V of the Constitution |
| Body that proposes amendments | Congress |
| Body that administers the ratification process | Archivist of the United States |
| Body that sets a ratification deadline | Congress |
| Number of states required to ratify an amendment | 38 out of 50 |
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What You'll Learn
- The US Congress proposes amendments
- The Archivist of the United States administers the ratification process
- The Director of the Federal Register examines ratification documents
- State legislatures can take action on proposed amendments
- A proposed amendment becomes part of the Constitution when ratified by 3/4 states
The US Congress proposes amendments
The US Constitution is a living document that can be amended or changed through a process outlined in Article V of the Constitution. The US Congress plays a crucial role in proposing amendments, and since 1789, approximately 11,848 proposals to amend the Constitution have been introduced.
The process of proposing an amendment by Congress involves a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least two-thirds of the members present in each chamber must vote in favour of the proposed amendment. It's important to note that the President does not have a constitutional role in this process.
Once the amendment is passed in Congress, it is forwarded to the National Archives and Records Administration (NARA), specifically to the 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 prepare an information package for the States, which includes formal "red-line" copies of the joint resolution and other relevant documents.
The Archivist of the United States, who heads NARA, is then responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. At this stage, the States can take action on the proposed amendment, and if they choose to ratify it, they send an original or certified copy of their action to the Archivist.
The Archivist works closely with the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and authenticating signatures. Once the required number of authenticated ratification documents is reached (currently 38 out of 50 States), the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
While Congress has been successful in proposing amendments, it's worth noting that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. The process of proposing amendments and ensuring their ratification demonstrates the complex and meticulous nature of constitutional reform in the United States.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist, who heads the National Archives and Records Administration (NARA), ensures that changes to the Constitution are carried out legally and upholds the integrity of the constitutional amendment process.
Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The Archivist's role is to follow the law as it stands and ensure the integrity of the nation's governing institutions. Personal opinions or beliefs are not considered.
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 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.
Upon receiving the required number of authenticated ratification documents, the OFR 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 has been completed. The Archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution.
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The Director of the Federal Register examines ratification documents
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process. The Archivist has delegated many of the administrative duties associated with this function to the Director of the Federal Register.
The Director of the Federal Register plays a crucial role in the constitutional amendment process. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist, who immediately forwards it to the Director. The Office of the Federal Register (OFR), headed by the Director, examines the ratification documents to ensure they meet the requirements for facial legal sufficiency and bear an authenticating signature.
The OFR retains custody of these documents until an amendment is either adopted or fails. If the required number of states (38 out of 50) ratify the amendment, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become an operative 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 Director of the Federal Register's role in examining ratification documents is a critical step in ensuring the integrity and legality of the constitutional amendment process. The Director's duties include verifying the authenticity and legal sufficiency of the documents, maintaining custody of the documents, and facilitating the certification process once the required number of states has ratified the amendment.
It is worth noting that neither Article V of the Constitution nor the relevant statutes outline the ratification process in detail. As such, the Director of the Federal Register follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties before NARA assumed responsibility in 1985.
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State legislatures can take action on proposed amendments
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution provides two methods for proposing amendments: through Congress or a constitutional convention. While all 27 amendments to the Constitution have been proposed by Congress, state legislatures can also play a crucial role in the amendment process.
The other method for proposing amendments, which has never been used, involves state legislatures. According to Article V, two-thirds of state legislatures can apply for Congress to call a convention for proposing amendments. This convention method bypasses Congress and allows states to have a more direct role in proposing amendments. However, even if an amendment is proposed through a convention, it still needs to be ratified by three-fourths of the states, either through their legislatures or conventions, as specified by Congress.
State legislatures also have the power to propose revisions and amendments to their respective state constitutions. The specific processes vary by state, with some states allowing for legislatively referred constitutional amendments, initiated constitutional amendments through citizen petitions, constitutional conventions, or a combination of these methods. For example, in Alabama, a legislative process or a state constitutional convention can be used to amend the state constitution.
In summary, while Congress initiates most constitutional amendments, state legislatures play a crucial role in the amendment process by ratifying or rejecting proposed amendments. Additionally, state legislatures have the power to initiate the amendment process by calling for a constitutional convention, although this method has not yet been utilised. State legislatures also have the authority to propose changes to their state constitutions, following the specific procedures outlined by each state.
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A proposed amendment becomes part of the Constitution when ratified by 3/4 states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution can be amended either by a proposal from 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. Notably, none of the 27 amendments to the Constitution to date have been proposed by constitutional convention.
Once an amendment is proposed by Congress, it is sent to the states for ratification. Congress has enacted statutes that govern this process, including a deadline for ratification. An amendment must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process, although they do not make any substantive determinations regarding the validity of state ratification actions. Instead, the Office of the Federal Register (OFR) examines ratification documents for facial legal sufficiency and an authenticating signature.
When an amendment is ratified by the required number of states, the Archivist issues a certificate, known as certification, proclaiming that the amendment has become an operative 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. The signing of the certification has become a ceremonial function attended by various dignitaries, including, at times, the President.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. However, only 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been successfully ratified and are now part of the Constitution. The last proposal to gain the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978.
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Frequently asked questions
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by at least 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. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The Archivist does not make any substantive determinations as to the validity of State ratification actions but certifies the facial legal sufficiency of ratification documents.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). Once an amendment is properly ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
Yes, Congress can stipulate that an amendment must be ratified by the required number of states within a certain timeframe, typically seven years from the date of its submission to the states. Congress's authority to set a ratification deadline was affirmed by the Supreme Court in Coleman v. Miller (1939).
