Jonah Patel
The process of amending the US Constitution is a complex and challenging endeavour, as the framers intended when it was first drafted in 1787. There are two formal methods to amend the Constitution, and both are outlined in Article V. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method entails a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process is overseen by the Archivist of the United States and the Director of the Federal Register, who ensure the amendment's validity and compliance with established procedures. Despite numerous calls for a constitutional convention, all 27 amendments to date have been proposed and ratified through the first method.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Requires three-fourths of the state legislatures to ratify an amendment, or three-fourths of state ratifying conventions if specified by Congress |
| Number of amendments | 27 since the Constitution was drafted in 1787 |
| Difficulty of amendment process | High, as it was designed "to endure for ages to come" |
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What You'll Learn
Two-thirds majority in Congress
The United States Constitution was written to endure for ages to come, and as such, the process of amending it is deliberately difficult and time-consuming. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines two methods for proposing amendments. One of these methods is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
This process begins with Congress proposing an amendment in the form of a joint resolution. It is important to note that the President does not have a constitutional role in this process, so the joint resolution does not require their 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, as well as assembling an information package for the States.
Once an amendment is proposed by Congress with a two-thirds majority vote, it must then be ratified. Ratification requires approval by three-fourths of the state legislatures, or ratifying conventions in three-fourths of the states, as determined by Congress. When an amendment is ratified by the required number of 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 published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
It is worth mentioning that, historically, Congress has used Article V's procedures to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states. However, none of the amendments have been proposed by a constitutional convention, and the process of calling for one has never been utilized.
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Ratification by three-fourths of state legislatures
The Constitution of the United States can be amended in two ways, as outlined in Article V. The first method is for two-thirds of both houses of Congress to propose amendments, which are then ratified by three-fourths of the state legislatures. This process has been used for 27 of the 29 amendments to the Constitution.
The second method is for two-thirds of the state legislatures to call for a constitutional convention to propose amendments, which are then ratified by three-fourths of the states. While this method has been proposed in recent years, it has never been used to amend the Constitution.
The process of amending the Constitution through ratification by three-fourths of state legislatures begins with Congress proposing an amendment. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President. Instead, the original document is forwarded 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 to the joint resolution and publishes it in slip law format.
Once the proposed amendment is received by the OFR, it is forwarded to the states for consideration. The governors of each state formally submit the amendment to their state legislatures, which then vote on whether to ratify the amendment. When 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 heads NARA. The Archivist delegates the responsibility for administering the ratification process to the Director of the Federal Register.
The OFR examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails. Once three-fourths of the states (38 out of 50) have ratified the amendment, it becomes part of the Constitution. The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid, which is published in the Federal Register and U.S. Statutes at Large. This certification serves as official notice to Congress and the nation that the amendment process has been completed.
The process of amending the Constitution through ratification by three-fourths of state legislatures is a complex and formal procedure. It requires the involvement of Congress, the executive branch, and state legislatures, with each playing a specific role in proposing, reviewing, and ratifying amendments. This process ensures that any changes made to the Constitution reflect the will of the people and are carried out in a transparent and orderly manner.
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Ratification by three-fourths of state conventions
The United States Constitution, in Article V, outlines two methods for proposing and ratifying amendments. The first method involves 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 the state legislatures.
Once an amendment is proposed, it must be ratified. Ratification by three-fourths of state conventions, or 38 out of 50 states, is one of the two methods of achieving this. This method has been specified by Congress only once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The process of ratification begins with the Archivist of the United States, who is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then conveyed to the Director of the Federal Register.
The OFR (Office of the Federal Register) plays a crucial role in the process. It examines ratification documents for facial legal sufficiency and authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails. Once an amendment is ratified by three-fourths of the states, the OFR 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 amending the Constitution involves a collaborative effort between the Archivist of the United States, the Director of the Federal Register, and the states. The process ensures that any changes made to the Constitution reflect the approval of a significant majority of the states, solidifying the foundation of the nation's laws.
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The role of the Archivist
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when Congress proposes an amendment to the Constitution. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows procedures and customs established by the Secretary of State and the Administrator of General Services.
The Archivist plays a crucial role in the amendment process. 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 Director examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
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 has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
In recent years, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The Archivist's role in the amendment process ensures the integrity and legitimacy of any changes made to the Constitution, making it a vital position in the United States government.
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Unamendable subjects
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures, although this method has never been used for any of the 27 amendments to the Constitution.
Once an amendment is proposed, it must be ratified. There are two methods of ratification. The first method requires ratification by three-fourths of the state legislatures, which has been the method used for all 27 ratified amendments. The second method, specified by Congress for the Twenty-First Amendment, involves ratification by three-fourths of state ratifying conventions.
While Article V outlines the procedures for amending the Constitution, it also includes certain limitations. Specifically, the last two sentences of Article V make certain subjects unamendable. The first sentence prohibited amendments made prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. This limitation has expired as it was specific to a time before 1808.
The second sentence of Article V, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate. This provision ensures that no amendment can be made that would deprive a state of its equal representation and voting power in the Senate without the state's agreement. This unamendable subject is a significant aspect of the Constitution, protecting the rights and representation of individual states within the Senate.
It is important to note that there have been discussions and debates regarding the exclusivity of Article V as the sole procedure for amending the Constitution. Some scholars, like Akhil Reed Amar, argue that methods outside of Article V can be utilised by the people of the United States to amend the Constitution. Additionally, there are complexities and considerations surrounding the potential for an Article V convention to exceed its scope, which has been a topic of discussion among legal experts.
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Frequently asked questions
The first way to formally amend the constitution is for two-thirds of both houses of Congress to propose an amendment, which is then ratified by three-fourths of the state legislatures.
The second method is for two-thirds of the state legislatures to request that Congress call a constitutional convention to propose amendments. These amendments must then be ratified by three-fourths of the state legislatures or state ratifying conventions, as specified by Congress.
No, the second method has never been used. All 27 amendments to the Constitution have been proposed by Congress and ratified by the state legislatures.
