Kara Sears
The process of amending the US Constitution is a complex one, and while federal laws can be changed, the Constitution has been amended only 27 times since 1787. The authority to amend the Constitution is derived from Article V, which outlines the process for proposing and ratifying amendments. An amendment 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 federal rules typically takes about three years and must promote simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay. Once an amendment is proposed, it is submitted to the states for their consideration, and it becomes part of the Constitution when ratified by three-quarters of the states. While it is challenging to amend the Constitution, it is possible for amendments to be repealed, as seen in the case of the 18th Amendment, which established Prohibition and was later repealed by the 21st Amendment.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| A constitutional convention called for by two-thirds of the State legislatures | |
| Role of the President in the amendment process | None |
| Number of amendments to the Constitution | 27 |
| Difficulty of amending the Constitution | High |
| Average time to amend a federal rule | 3 years |
| Number of amendment changes proposed in Congress through 2016 | 11,699 |
| Number of amendments repealed by the states | 1 (the 18th Amendment) |
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What You'll Learn
The process of amending the US Constitution
The US Constitution outlines two pathways to amending it, and the authority to do so is derived from Article V of the Constitution. The process is incredibly difficult as it requires a significant amount of support from both lawmakers and states.
The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is in the form of a joint resolution, which does not require the signature or approval of the President. The Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA), is then responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration, and it is up to each state to decide whether to formally submit the amendment to their State legislatures or call for a convention. Once three-fourths of the states (38 out of 50) have ratified the proposed amendment, it becomes part of the Constitution.
The second method involves two-thirds of state legislatures (33 out of 50) requesting that Congress call a constitutional convention to propose amendments. Each state sends delegates to this convention, where multiple amendments can be suggested. Again, three-fourths of the states must ratify a given amendment, either through their legislatures or special ratifying conventions, for it to become part of the Constitution.
It is worth noting that none of the 27 amendments to the Constitution have been proposed by constitutional convention so far. The process of amending the Constitution typically involves several steps and can take a significant amount of time due to the high level of consensus required.
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The rarity of successful amendments
The Constitution grants the authority to propose amendments to Congress, which must pass with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the state legislatures, although this has never happened. The President does not have a constitutional role in the amendment process.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). This process can be lengthy and complex, often involving multiple stages of review and approval. Despite the large number of proposed amendments, only one, the 18th Amendment establishing Prohibition, has ever been repealed by the states. The odds of repealing an amendment are incredibly slim, according to National Weather Service data.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives and its employees, who work to preserve the records of the U.S. Government and make them accessible to the public.
The role of the Archivist is particularly important in the constitutional amendment process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. This involves submitting the proposed amendment to the states for their consideration and, once an amendment has been ratified by three-quarters of the states, issuing a certificate proclaiming the amendment duly ratified and part of the Constitution. The Archivist also maintains custody of state ratifications of amendments, as well as Electoral College documents from presidential elections.
In addition to their role in the amendment process, the Archivist of the United States receives and maintains custody of all original Acts of Congress and joint resolutions signed into law by the president. The Archivist also receives the original version of all statutes of the United States once they are enacted.
The first Archivist, R.D.W. Connor, began serving in 1934 when the National Archives was established as an independent federal agency by Congress. The current Archivist, Dr. Colleen J. Shogan, is the 11th Archivist and the first woman to hold the position. She was sworn in on May 17, 2023, and is responsible for preserving, protecting, and sharing the history of the United States.
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The process of repealing an amendment
The United States Constitution was written to endure for ages, and the process of amending it is intentionally difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, and only one constitutional amendment has ever been repealed.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment 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. The President does not have a constitutional role in the amendment process.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution.
Any existing constitutional amendment can be repealed, but only by the ratification of another amendment. This is a very rare occurrence because the repeal must be proposed and ratified by one of the same two methods as regular amendments. In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment (Prohibition) in 1933.
The process of changing the Constitution by means other than the formal amendment process has historically taken place and will likely continue to do so. For example, the Supreme Court, in many of its decisions, effectively modifies the Constitution. The framers also gave Congress the power to enact laws that expand the Constitution as needed to respond to unforeseen future events.
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The role of Congress in the amendment process
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, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process, so 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 OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b. The Archivist of the United States, who heads NARA, then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). When 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 Congress and the Nation that the amendment process is complete.
It is worth noting that, while the President does not have a formal constitutional role in the amendment process, there are examples of Presidents playing an informal, ministerial role.
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Frequently asked questions
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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
An amendment to a federal rule generally takes about three years.
The President does not have a constitutional role in the amendment process.
The United States Constitution has been amended 27 times since it was drafted in 1787.
Yes, the 18th Amendment, which established Prohibition, was repealed by the 21st Amendment in 1933.
