Jonah Patel
The United States Constitution was written to endure for ages to come, and as such, the framers made it a difficult and time-consuming process to amend the document. 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. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, and the second method involves 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 ensures that any changes made to the Constitution are carefully considered and have a broad consensus of support.
| 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 |
| Amendment proposal alternative | By a constitutional convention called for by two-thirds of the state legislatures |
| Amendment ratification | By three-fourths of the state legislatures or by conventions in three-fourths of the states |
| Amendment certification | Signed by dignitaries such as the President, Archivist of the United States, and Director of the Federal Register |
| Amendment difficulty | High, with only 27 successful amendments since 1787 |
| Amendment frequency | More than 10,000 measures to amend the Constitution have been proposed in Congress |
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What You'll Learn
The authority to amend the Constitution
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can be achieved through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or time in the Union. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register.
The process of amending the Constitution was intentionally made difficult by its framers to ensure its longevity. As a result, the Constitution has been amended only 27 times since it was drafted in 1787. Amending the Constitution is a significant undertaking, and the authority to do so rests with Congress or, in theory, through the calling of a constitutional convention.
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The process of proposing amendments
The second method outlined in Article V involves a constitutional convention called for by two-thirds of the state legislatures. However, it is important to note that none of the amendments to the Constitution have been proposed by a constitutional convention to date.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress. The first method involves ratification by the legislatures of three-quarters of the states (38 out of 50 states). The second method entails ratifying conventions in three-quarters of the states. This second method has only been used once in American history, in the 1933 ratification of the Twenty-First Amendment.
The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, 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 serves as official notice that the amendment process is complete.
It is worth noting that Article V does not specify a deadline for the ratification of proposed amendments. However, most amendments proposed since 1917 have included a deadline for ratification. Additionally, while Article I, Section 7 requires federal legislation to be presented to the President for approval or veto, Article V does not require presidential involvement in the amendment process.
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Ratification of amendments
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to 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 the state legislatures.
The process of amending the Constitution has only been successful 27 times since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified and adopted simultaneously. Six amendments have been adopted by Congress but have not been ratified by the required number of states and are therefore not part of the Constitution. Four of these amendments are still open and pending, while the other two have failed by their own terms or by the terms of the resolution proposing them.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). This can be done through the legislatures of three-quarters of the states or by conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union. The Archivist of the United States is responsible for administering the ratification process and has delegated many of the duties associated with this function to the Director of the Federal Register. 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. The process of amending the Constitution is deliberately challenging, and not just any idea to improve America deserves an amendment. The amendment must have a significant impact on all Americans or secure the rights of citizens.
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The role of the President
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment 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.
However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
While the President has no official function in the process, they can endorse the idea of an amendment. For example, President Clinton endorsed the idea of a crime victims' rights amendment.
The President's role in the amendment process is thus limited to ceremonial functions and endorsing ideas for amendments. The official steps of proposing and ratifying amendments do not involve the President.
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Article V and its exclusivity
Article V of the United States Constitution outlines the procedures for amending the nation's frame of government. It establishes two methods for proposing amendments: firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, a constitutional convention can be called for by two-thirds of the state legislatures to propose amendments. This convention method has never been used for any of the 27 amendments ratified thus far.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The latter method has only been used once in history, for the 1933 ratification of the 21st Amendment. Notably, the President does not have a constitutional role in the amendment process, and their approval is not required for proposed amendments.
Article V also includes provisions that make certain subjects unamendable. Specifically, it states that no amendment made before 1808 could affect the first and fourth clauses in the ninth section of Article I, and that no state can be deprived of its equal suffrage in the Senate without its consent.
While Article V provides a framework for amending the Constitution, some scholars, like Akhil Reed Amar, argue that it is not the exclusive procedure. Amar suggests that the people of the United States may amend the Constitution using methods not outlined in Article V. However, the authority to amend the Constitution ultimately stems from Article V, and Congress has used its procedures to propose 33 constitutional amendments.
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Frequently asked questions
The United States Constitution was written to "endure for ages to come". To ensure its longevity, the framers made it difficult to amend. The system to amend the constitution ensures that any changes are thoroughly considered and have a significant impact on the country and its citizens.
Amendments 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 state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not require presidential approval and is not sent to the White House for signature or approval.
The Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted and ratified simultaneously four years later.
Article V sets forth the procedures for amending the Constitution. However, some argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.
