Since independence in 1776, there have been more than 10,000 proposals to amend the constitution of the United States. However, despite the bounty proposals, only 27 of these proposals have achieved ratification. The first ratifications in 1791 were on the bill of rights, arising from amendment proposals by a joint congress resolution in 1789. Today, despite efforts by many state legislatures and other lobby groups to further amend the constitution, the amendment process remains complex and bureaucratic. Read on to uncover who has authority to amend the U.S. Constitution and how the entire process works.

Authority to amend the constitution

Article V of the constitution provides guidance on who has the authority to initiate amendments to the constitution. Amendments can be proposed by either the U.S. Congress or through a constitutional convention. Congress submits a proposal to amend the constitution if the proposal meets the minimum requirement of a two-thirds majority vote in both the senate and the house of representatives. Alternatively, Congress is obliged to call a convention if an amendment proposal is called for by at least 66.67% of the states (34 out of 50 states).

Proposals arising from Congress or through a convention only become valid upon ratification by the legislatures of 75% of states. The president of the United States does not play any role in the amendment process because joint resolutions do not require white house approval or the president’s signature. Instead, the joint resolution is forwarded to the archivist, who chairs the national archives and record administration (NARA) for processing and administration.

Congress proposed amendments

Since independence, Congress has been responsible for 33 amendment proposals, 27 of which have been ratified. The latest amendment bars members of both houses from awarding themselves pay rises while on the session.
Below we outline the steps that Congress follows when proposing constitutional amendments.

Step 1: Approval by Congress

Proposals for constitutional amendments must satisfy the two-thirds approval threshold from the senate and the house of representatives.

Step 2: State notifications

Once the two-third approval threshold is satisfied, the national archivist will submit the proposal to the individual states for their consideration and subsequent approval. The process involves sending out notification letters to the governors of each state by sending accompanied informational material compiled by NARA’s office of the federal register (OFR).

Step 3: State ratification

The governors then formally table the joint resolutions in the state legislatures for consideration. The amendment language set by Congress is broadly debated in the legislative chambers of each state. State legislatures cannot make changes to the initial proposal. If a state changes the initial language of an amendment, its ratification becomes invalid.

Step 4: Tracking state actions

The bill achieves ratification once three-fourths of state legislatures agree to the proposed amendment language. Congress sets time limits for all state actions. States that ratify the joint resolutions will send the national archivist a copy of the state actions, which is immediately relayed to the director of the federal register. The OFR carefully examines the ratification details to confirm the authenticity of signatures. Finally, the director acknowledges receipt and maintains the ratification documents.

Step 5: Publication and announcement

Proposed amendments are included in the constitution upon ratification by at least 38 of the 50 states. Once the OFR acknowledges that it has received authentic ratification documents from more than three-fourths of the states, it prepares a formal publication to the national archivist for certification that the amendment is valid and now part of the U.S. constitution. The certifications are published in the federal register and in the U.S. statutes at large to serve as the official notice to the country that the amendment is completed successfully.

Sometimes, state legislatures can put pressure on Congress to initiate a constitutional amendment. However, while Congress can consider state actions, it has no obligation to respond to these requests. Today, the signing of successful resolutions is now a ceremonial function attended by many state officers, including the president of the United States. Presidents Nixon and Johnson are examples of previous heads of state to have witnessed certifications of the 24th, 25th, and 26th constitutional amendments.

Constitution convention amendments

The states can also petition Congress to call for a constitutional convention. However, for such a petition to work, thirds of state legislatures must agree to the proposed resolution. There have been efforts to amend the constitution through the convention method in the past, but none has succeeded. Direct election of senators, balancing, and apportionment of the federal budget are hot topics that have triggered constitutional conventions in the last few decades.

Recently there has been a growing call for constitution conventions initiated by multiple groups cutting across liberals and conservatives. Though the volume of legislative actions through state parliaments has been growing in recent years, it is still unclear if these efforts will translate to a successful convention.