Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments may 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 (38 out of 50) to become part of the Constitution. This can be done through state legislatures or state ratifying conventions, with Congress determining the mode of ratification. The President does not have a constitutional role in the amendment process, and the amendment becomes valid once the Archivist of the United States certifies it.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | 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. |
| Who approves the amendment? | Three-fourths of the States (38 out of 50 States) or three-fourths of state ratifying conventions, as determined by Congress. |
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![Ratification of the Twenty-First Amendment of the Constitution of the United States [1938]: State Convention Records and Laws](https://m.media-amazon.com/images/I/71KMq9r2YgL._AC_UY218_.jpg)
What You'll Learn
Two-thirds majority in both the House of Representatives and the Senate
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a constitutional two-thirds majority, the most common type of two-thirds majority. It requires a supermajority vote in both chambers to pass a bill or resolution.
This means that at least 67 out of 100 senators or representatives must vote in favour of the bill for it to be enacted into law. The two-thirds vote in each house is a vote of two-thirds of the members present, assuming the presence of a quorum, and not a vote of two-thirds of the entire membership, present and absent. This is the only method for proposing amendments that has been used thus far.
The second method of proposing amendments, 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. Amendments become part of the Constitution as soon as they are ratified by three-fourths of the states (38 out of 50 states).
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Three-quarters of state legislatures must ratify
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves several steps and requirements. Firstly, a proposed amendment must be officially proposed either by Congress or by a national convention of the states. For a proposal by Congress, a two-thirds majority vote is required in both the House of Representatives and the Senate. This means that two-thirds of the members present, assuming a quorum, must vote in favour, rather than two-thirds of the entire membership. Alternatively, a national convention for proposing amendments can be called if two-thirds of state legislatures make an application to Congress.
Once a proposal is made, it must be ratified. Ratification can occur through one of two methods, as determined by Congress. The first method is ratification by state legislatures, which involves securing the approval of three-quarters of the state legislatures, i.e., 38 out of 50 states. This method has been used for all amendments except one. The second method is ratification by state ratifying conventions, where three-quarters of these conventions must approve the amendment. This method has only been used once, for the Twenty-First Amendment.
It is important to note that Article V does not specify a time frame for ratification. However, Congress has included a deadline for ratification in most proposals since 1917. Additionally, there is no requirement for presidential approval or veto during this process, as clarified by the Supreme Court in Hollingsworth v. Virginia (1798). Once the required number of states ratifies the amendment, it becomes a valid part of the Constitution.
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Congress decides the ratification method
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method for proposing amendments that has been used thus far.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is 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. 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 found to be in good 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 and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
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The President has no constitutional role in the amendment process
The President of the United States has no constitutional role in the amendment process. The Constitution provides that an amendment may be proposed either 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 President does not have a constitutional role in this process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor the relevant sections of the United States Code describe the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State and the Administrator of General Services, who performed these duties until 1985 when NARA assumed responsibility as an independent agency.
In modern federal law, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. While the President has no formal constitutional role in the amendment process, there have been instances of Presidents playing an informal, ministerial role. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for the proposal or ratification of the amendment. Similarly, President Jimmy Carter signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary. These examples demonstrate that while the President may have some ceremonial involvement, their signature is not required for the adoption of amendments to the Constitution.
The Supreme Court has also articulated the Judicial Branch's understanding that the President has no formal constitutional role in the amendment process. In the 1798 case Hollingsworth v. Virginia, the Court held that the Eleventh Amendment had been constitutionally adopted. During oral argument, Justice Samuel Chase stated that the President has nothing to do with the proposition or adoption of amendments to the Constitution. Later, in the 1920 case Hawke v. Smith, the Supreme Court characterised the Court's decision in Hollingsworth as having settled that the submission of a constitutional amendment did not require the action of the President.
In conclusion, while the President may occasionally perform ceremonial functions related to constitutional amendments, they do not have a constitutional role in the amendment process. The authority to propose and ratify amendments rests with Congress and the State legislatures, and the administrative duties related to the process are carried out by the Archivist of the United States and the Director of the Federal Register.
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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), assumes this duty under the provisions of 1 U.S.C. 106b. While the Archivist has delegated many of the associated ministerial tasks to the Director of the Federal Register, they still play a crucial role in the process.
Once Congress proposes an amendment, the Archivist submits it to the states for their consideration. This submission is done by sending a letter of notification to each state governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The governors then formally submit the amendment to their state legislatures or call for a convention, as specified by Congress.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist then conveys this documentation to the Director of the Federal Register for examination and custody. The OFR assesses the facial legal sufficiency and the presence of an authenticating signature.
Upon receiving the required number of authenticated ratification documents, the OFR drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this certification holds significant weight and is witnessed by dignitaries, including, at times, the President.
The certification is then published in the Federal Register and U.S. Statutes at Large. This publication serves as official notice to Congress and the nation that the amendment process is complete. The Archivist's role in this process is crucial, ensuring the integrity of the constitutional amendment process and upholding the law.
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Frequently asked questions
Three-fourths of the state legislatures or three-fourths of state ratifying conventions must approve constitutional amendments by a three-fourths vote.
Amendments may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. Alternatively, a convention to propose amendments may be called by Congress at the request of two-thirds of the state legislatures.
After being proposed, a constitutional amendment must be ratified. Congress determines which method the states must follow for ratification. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method requires three-fourths of state ratifying conventions to approve a proposed amendment.
