The Process Of Amendment Ratification

The process of ratifying amendments to the US Constitution is outlined in Article V, which sets forth two methods by which states may ratify amendments. The first method requires legislative approval of three-fourths of the states, while the second method involves conventions in three-fourths of the states. Congress determines which of these two methods the states must use to ratify a particular amendment, and in neither case is a vote by the electorate applicable. This rigorous process ensures that any changes to the Constitution have broad support across the country.

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Congress proposes amendments

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution. This process is known as proposing an amendment by Congress and has been used for every amendment to the Constitution thus far.

The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. This 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 procedure has been followed to propose thirty-three constitutional amendments, which were sent to the states for potential ratification.

The second method, which has never been utilized, is that if requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. To become part of the Constitution, any amendment proposed by that convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention convened for that purpose.

The mode of ratification is determined by Congress, and in neither of these two processes is a vote by the electorate applicable to the ratification of a constitutional amendment. Congress may also set a reasonable time limit for the ratification of an amendment.

States ratify amendments

Article V of the United States Constitution outlines two methods by which states may ratify amendments to the Constitution. The first method involves the proposal of amendments by Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths (38 out of 50) of the state legislatures.

The second method, which has only been used once in history for the Twenty-First Amendment, involves Congress calling a convention for proposing amendments at the request of two-thirds of state legislatures. In this case, three-fourths of state ratifying conventions must approve the proposed amendment.

It is important to note that Congress determines the mode of ratification and there is no mention of a time limit for ratification in Article V. The process of amending the Constitution is a delicate balance between ensuring the stability of the nation's governing framework and allowing for necessary changes over time.

The traditional constitutional amendment process has been used for every amendment thus far, with 27 amendments successfully ratified and becoming part of the Constitution. However, six amendments proposed by Congress have not been ratified by the required number of states. Additionally, the "three-state strategy" for ERA ratification demonstrates the complexity of the ratification process, as advocates navigate deadlines and legal precedents to ensure the viability of their proposed amendments.

Ratification by state legislatures

Article V of the United States Constitution outlines the process of amending the Constitution and mentions two methods for ratifying amendments. The first and most used method requires legislative approval of three-fourths of the states. This approach emphasizes the role of state governments in national decision-making. It also ensures that any changes to the Constitution have widespread support across the country.

The second method, which has been used only once for the Twenty-First Amendment, involves conventions in three-fourths of the states. Congress uses this method when a more direct form of democratic participation is necessary. This method allows states to reflect the will of their constituents directly.

The choice of ratification method lies in the sole discretion of Congress. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives and send it to the states for ratification. The amendment becomes part of the Constitution when it has been ratified by three-fourths (currently 38) of the states.

Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. To become part of the Constitution, any amendment proposed by that convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.

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Ratification by state conventions

The United States Constitution provides two methods for ratifying amendments: ratification by legislatures of three-fourths of the states, and ratification by conventions in three-fourths of the states. The latter method, known as "ratification by state conventions," has only been used once in US history—for the ratification of the 21st Amendment in 1933, which repealed the 18th Amendment.

The process of ratification by state conventions is more complex than ratification by state legislatures. It involves convening a convention or meeting separate from the state legislature. In the case of the 21st Amendment, thirty-eight state conventions followed a variety of procedures, with delegates pledged to vote for the repeal of the 18th Amendment.

The decision to use ratification by state conventions rests with Congress, which may choose this method to better reflect the popular will or to bypass powerful lobbying groups. This approach may also relieve legislators from facing difficult votes that could impact their re-election chances.

The specific procedures for convening ratifying conventions, selecting delegates, and conducting the proceedings are not prescribed in the Constitution or by Supreme Court precedent, allowing for flexibility in the process. For instance, in Vermont, the governor calls for the election of delegates, with the state convention comprising 14 members, two from each county, nominated by the governor, lieutenant governor, and speaker of the Vermont State House.

Time limits for ratification

The process of ratifying amendments is described in Article V of the US Constitution. Notably, Article V does not specify a time limit for the ratification of a constitutional amendment. The first amendment to have a time limit attached was the 18th Amendment (Prohibition), proposed in 1917, which included a seven-year deadline for ratification.

Since the 20th Amendment, Congress has included a time limit for the ratification of all proposed amendments. These deadlines are sometimes included in the language of the amendment itself, thus being ratified by the states and unable to be changed. However, some deadlines are included in the proposing clause of the amendment, which is not ratified by the state legislatures. An example of this is the Equal Rights Amendment (ERA), for which Congress passed a bill to extend the ratification deadline from March 22, 1979, to June 30, 1982.

The Office of Legal Counsel (OLC) has advised that, in the absence of a congressionally proposed deadline, an amendment remains pending before the states. This is because states would not know whether they could still ratify an amendment, and so the Article V process would become unworkable. In 2020, the OLC advised that Congress does not have the authority to extend the ratification deadline for an amendment or to revive an amendment after the initial deadline has expired without restarting the Article V process.

However, there is some contention regarding Congress's ability to alter time limits. Some ERA advocates argue that Congress likely has the power to adjust or repeal the previous time limit on the ERA. This is based on the precedent that a state's ability to withdraw its ratification by a rescission vote has not been accepted as valid.

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