Eleanor Finch
The United States Constitution was written with the intention of enduring for ages, but its framers knew that some changes would be necessary, so they included a procedure for amending it in Article V. Amending the Constitution is a difficult and time-consuming process, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. Since its drafting in 1787, there have been 27 amendments to the Constitution, with 33 approved by Congress and sent to the states for ratification. The process of amending the Constitution ensures that any changes made are carefully considered and have a significant impact on the country and its citizens.
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What You'll Learn
The amendment process is difficult and time-consuming
The process of amending the US Constitution is deliberately difficult and time-consuming. The framers of the Constitution wrote it "to endure for ages to come", and so made it challenging to amend.
Amendments can be proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, this second option has never been used. Once proposed, an amendment must be ratified by three-quarters of state legislatures, or by ratifying conventions in three-quarters of states. This second method has only been used once in US history, for the 1933 ratification of the Twenty-First Amendment.
The process of proposing and ratifying an amendment is lengthy and requires significant political will. The ERA Amendment, for example, failed to pass the necessary majority of state legislatures in the 1980s. The amendment process is also vulnerable to political influence, with interest groups and members of Congress focusing on re-election.
Despite the challenges, the amendment process has been initiated several times since 1789, with 33 amendments submitted to the states for ratification. Of these, 27 have been ratified and are now part of the Constitution. Six amendments have not been ratified, and four are still technically open and pending.
The process of amending the Constitution is, therefore, a complex and lengthy one, designed to ensure that any changes made are carefully considered and widely supported.
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Article V outlines the procedure
Article V of the United States Constitution outlines the procedure for altering the Constitution. This procedure consists of proposing an amendment or amendments, and subsequent ratification. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a convention called for by two-thirds of the state legislatures.
Once an amendment has been proposed, it must be ratified. There are two methods of ratification. The first is through the legislatures of three-quarters of the states. The second is through ratifying conventions in three-quarters of the states. This second method has only been used once in American history, for the 1933 ratification of the Twenty-First Amendment.
The process of amending the Constitution is deliberately difficult and time-consuming. This is to ensure that any changes made are significant and affect all Americans or secure the rights of citizens. The President does not have a constitutional role in the amendment process. Instead, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. Once an amendment is ratified, the Archivist certifies that it 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.
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Congress proposes amendments with a two-thirds majority
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it a challenging task to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments, which were adopted four years later as the Bill of Rights.
Amending the Constitution is a difficult and time-consuming process. A proposed amendment must be passed by a two-thirds majority in both houses of Congress (the House of Representatives and the Senate). This means that two-thirds of Congress must agree that the amendment is necessary. This first step ensures that the amendment process is not taken lightly and that any changes made to the Constitution are carefully considered.
Once the proposed amendment has been passed by Congress, it is then sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's role is primarily procedural, and they do not make any substantive determinations regarding the validity of state ratification actions.
The proposed amendment must then be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This step is crucial as it ensures that any changes to the Constitution are widely accepted across the country and not just by a small majority in Congress. The states have the power to reject or rescind a proposed amendment, and their approval is essential for the amendment to take effect.
The process of proposing and ratifying amendments to the Constitution is designed to be deliberate and inclusive, requiring the support of both Congress and a significant majority of states. This two-thirds majority requirement for proposing amendments ensures that any changes to the Constitution reflect the interests and needs of a substantial portion of the country.
In summary, the option to amend the Constitution with a two-thirds majority in Congress is an essential feature of the US political system, allowing for necessary changes while also ensuring stability and longevity to the foundational document of the nation.
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Amendments must be ratified by three-quarters of state legislatures
The United States Constitution was designed to be a durable document, with the ability to amend it being a challenging endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending it is deliberately difficult and time-consuming.
Amending the Constitution is a multi-step process. It begins with a proposal, which can come from two sources as outlined in Article V of the Constitution. The first is a two-thirds majority vote in both the House of Representatives and the Senate, or Congress. The second option is for two-thirds of state legislatures to request a Constitutional Convention, which has never occurred.
Once a proposal is made, it must be ratified. This is where the requirement for three-quarters of state legislatures comes into play. For an amendment to be ratified and become part of the Constitution, it must be approved by the legislatures of three-quarters of the states, or 38 out of 50 states. This ensures that any change to the Constitution reflects the will of a significant majority of the country.
The ratification process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works with the Director of the Federal Register to follow established procedures and customs. Once an amendment is ratified, the Archivist certifies its validity, and it becomes part of the Constitution.
The requirement for ratification by three-quarters of state legislatures is a key safeguard in the amendment process. It ensures that any changes to the Constitution are widely accepted and supported across the country, protecting the stability and longevity of the document.
The process of amending the Constitution is intentionally challenging, and the requirement for ratification by three-quarters of state legislatures is a critical component of this process. This safeguard ensures that the Constitution remains a resilient and enduring document, capable of adapting to the needs of a changing nation while preserving the foundations of American governance.
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The President has no constitutional role in the process
The United States Constitution was written to "endure for ages to come". To ensure its longevity, the framers made amending the document a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The Constitution does not specifically establish a role for the President in amending it. The amendment process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. 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 NARA's Office of the Federal Register (OFR) for processing and publication.
While the President does not have a formal role in the amendment process, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, and President Jimmy Carter signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment, even though their signatures were not necessary. In recent history, the signing of the certification of a new amendment has become a ceremonial function attended by various dignitaries, which may include the President.
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Frequently asked questions
The authority to amend the US Constitution comes from 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 convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the state legislatures or ratifying conventions in three-quarters of the states.
The framers of the Constitution intended for it to endure for ages. They wanted to ensure that it would last, so they made the process of amending the document challenging and time-consuming.
The Archivist of the United States is responsible for administering the ratification process. Once a proposed amendment is ratified by three-quarters of the states, the Archivist certifies that the amendment is valid and has become part of the Constitution.
Congress plays a crucial role in proposing and ratifying amendments. It can propose amendments with a two-thirds majority vote in both chambers, and it can also determine the mode of ratification by the states.
The first method, originating in Congress, has been used for all 33 amendments submitted to the states for ratification. The second method, a convention called for by state legislatures, has never been used. This method was intended to enable state legislatures to erect barriers against the encroachments of national authority.
