Simone Lawson
The authority to amend the Constitution of the United States 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, or by a constitutional convention called for by two-thirds of the State legislatures. The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. The second method, the convention method, has never been used. Once an amendment is proposed, it is submitted to the States for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States.
| Characteristics | Values |
|---|---|
| Who proposes Amendments | Congress, with a two-thirds majority vote in both the House of Representatives and the Senate |
| A convention called for by two-thirds of State legislatures | |
| Number of proposals to amend the Constitution | 11,000 |
| Number of amendments proposed by Congress | 33 |
| Number of amendments proposed by convention | 0 |
| Number of amendments ratified | 27 |
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What You'll Learn
Congress proposes an amendment
The United States Constitution derives the authority to amend it from Article V. Article V establishes two methods for proposing amendments to the Constitution. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification. Since the founding of the United States, there have been at least 11,000 proposals to amend the Constitution, but only twenty-seven amendments have been added.
The second method, which has never been used, is for Congress to call a Convention for proposing amendments on the application of two-thirds of the State legislatures. This method bypasses Congress and allows the states to propose amendments directly. However, even with this method, three-quarters of the states must still ratify the amendment for it to become part of the Constitution.
The process of amending the Constitution is deliberately designed to be difficult. James Madison wrote in The Federalist No. 43 that the amendment process was meant to "guard[] against that extreme facility which would render the Constitution too mutable". In other words, it was meant to be difficult to change the Constitution to ensure its stability.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration, and the Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. Once three-quarters of the States (38 out of 50) have ratified the amendment, it becomes part of the Constitution.
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Two-thirds of both Houses deem it necessary
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The process involves two methods for proposing amendments, one of which requires a two-thirds majority vote in both Houses of Congress. This means that whenever two-thirds of both the House of Representatives and the Senate deem it necessary, they can propose amendments to the Constitution.
To achieve a two-thirds majority vote, a quorum must be present, and two-thirds of the members present must vote in favour of the amendment. This vote is not based on the entire membership of each House but on those present during the vote. Achieving this majority in both Houses is a significant step in the amendment process, as it allows Congress to propose amendments that will then be sent to the states for potential ratification.
Since the founding of the United States, Congress has proposed thirty-three constitutional amendments using this method. However, not all proposed amendments have been ratified by the states. The process of ratification is administered by the Archivist of the United States, who sends a letter of notification along with informational material to each state governor. The governors then submit the amendment to their state legislatures for consideration.
The role of Congress in proposing amendments by achieving a two-thirds majority vote in both Houses is essential in the amendment process. It allows for the initiation of changes to the Constitution, which are then considered and ratified by the states. This process strikes a balance between allowing for necessary amendments while also ensuring a certain level of rigidity to maintain the stability of the Constitution.
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Application of two-thirds of state legislatures
Article V of the United States Constitution provides two methods for proposing amendments. The first method authorizes Congress, whenever two-thirds of both Houses deem it necessary, to propose constitutional amendments. This method has been used to propose 33 amendments, 27 of which have been ratified by three-fourths of the states.
The second method, which has never been used, requires Congress, on the application of the legislatures of two-thirds of the several states (34 out of 50), to call a convention for proposing amendments. This method is also known as an Article V Convention, state convention, or amendatory convention. The convention can propose amendments, regardless of whether Congress approves of them or not, and these amendments become law only after ratification by three-fourths of the states (38 out of 50).
The inclusion of the second method in Article V was a result of compromises made during the 1787 Constitutional Convention. One group maintained that the national legislature should have no role in the constitutional amendment process, while another contended that proposals to amend the Constitution should originate in the national legislature and that their ratification should be decided by state legislatures or state conventions.
The drafters of the Constitution recognized that the congressional proposal method was controlled by the federal government and, consequently, could not be relied upon to reform federal governmental abuses. Thus, they placed the convention method into the Constitution, as this method largely bypasses the federal government.
In recent years, some have argued that state governments should call for an Article V Convention. In 2015, Citizens for Self-Governance launched a nationwide effort to require Congress to call an Article V Convention through a project called Convention of the States, in a bid to "rein in the federal government".
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Ratification by three-quarters of states
The process of amending the United States Constitution is outlined in Article Five of the Constitution. This article establishes two methods for proposing amendments: the Congressional initiative and the state legislative initiative. The latter, also known as an Article V Convention, has never been used. The former, on the other hand, has been used to propose 33 amendments, 27 of which have been ratified by three-quarters of the states.
Once an amendment is approved by Congress, it is sent to the states for ratification without requiring the president's signature or approval. This process bypasses the president's authority, as outlined in Article I, Section 7, which states that all federal legislation must be presented to the president for approval or veto before becoming law.
The ratification process can occur through one of two methods, as determined by Congress: ratification by state legislatures or ratification by state ratifying conventions. In both cases, the approval of three-quarters of the states (38 out of 50) is required for an amendment to become part of the Constitution. This process is known as ratification by three-quarters of the states.
The vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of the state's population or length of time in the Union. There are no deadlines for ratification specified in Article Five, but most amendments proposed since 1917 have included a deadline.
The ratification process is administered by the Archivist of the United States, who officially notifies each state's governor of a proposed amendment. The governor then formally submits the amendment to their state's legislature or ratifying convention. Once an amendment is ratified by the required number of states, it becomes an operative part of the Constitution, and no further action is required.
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Supreme Court jurisdiction
The process of proposing amendments to the Constitution is outlined in Article V, which establishes two methods for proposing amendments. The first method requires a two-thirds vote in both the House and the Senate to propose a constitutional amendment. This procedure has been followed by Congress to propose 33 constitutional amendments, which were then sent to the states for potential ratification. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority required for submission to the states.
The second method, which has never been used, involves the state legislatures. On the application of two-thirds of the state legislatures (34 out of 50), Congress shall call a convention for proposing amendments. This method is also known as an Article V Convention, state convention, or amendatory convention. While this method has never been utilised at the federal level, more than 230 constitutional conventions have assembled at the state level.
The role of the Supreme Court in the amendment process is not explicitly defined in Article V. However, the Court's jurisdiction over constitutional matters, including amendments, is implied and has been tested in various cases. For example, in the 1939 case of Coleman v. Miller, the Supreme Court addressed a question regarding the proposal and ratification of constitutional amendments. The case established that some decisions regarding constitutional amendments are exclusively within the purview of Congress.
The Supreme Court's interpretation of proposed amendments and their compatibility with existing constitutional provisions is also crucial. The Court has the authority to review and rule on the constitutionality of amendments, ensuring they do not conflict with other parts of the Constitution. Additionally, the Court can provide clarity and guidance on the implementation and enforcement of amendments once they are ratified.
While the Supreme Court does not directly propose amendments, its role in interpreting and reviewing constitutional amendments is vital to ensuring their legality and compatibility with the existing constitutional framework. The Court's jurisdiction in this context helps maintain the balance between pliancy and rigidity in the amendment process, as intended by the Founding Fathers during the 1787 Constitutional Convention.
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Frequently asked questions
Amendments to the United States Constitution 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. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the relevant informational material.
The Article V Convention, also known as a state convention or amendatory convention, is one of two methods authorized by Article Five of the United States Constitution for proposing amendments. On the application of two-thirds of the State legislatures, Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states.
