The US Constitution: History and overview (Part 3 of 4)

Amending the Constitution.

The procedure for amending the Constitution is outlined in Article Five. The process is overseen by the archivist of the United States. Between 1949 and 1985 it was overseen by the administrator of General Services, and before that by the secretary of state.

Under Article Five, a proposal for an amendment must be adopted either by Congress or by a national convention, but as of 2020 all amendments have gone through Congress. The proposal must receive two-thirds of the votes of both houses to proceed. It is passed as a joint resolution, but is not presented to the president, who plays no part in the process. Instead, it is passed to the Office of the Federal Register, which copies it in slip law format and submits it to the states. Congress decides whether the proposal is to be ratified in the state legislature or by a state ratifying convention. To date all amendments have been ratified by the state legislatures except one, the Twenty-first Amendment.

A proposed amendment becomes an operative part of the Constitution as soon as it is ratified by three-fourths of the States (currently 38 of the 50 states). There is no further step. The text requires no additional action by Congress or anyone else after ratification by the required number of states. Thus, when the Office of the Federal Register 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 nation's frame of government. This certification is published in the Federal Register and United States Statutes at Large and serves as official notice to Congress and to the nation that the ratification process has been successfully completed.