Amendment process facts for kids

The Constitution of the United States is like the rulebook for the United States. But sometimes, these rules need to change or new ones need to be added. This process is called amending the Constitution. It's a very important and careful process to make sure changes are well-thought-out and supported by many.

Changing the U.S. Constitution

The power to change the U.S. Constitution comes from a part called Article V. Once a change, called an amendment, is suggested by Congress, a special person called the Archivist of the United States helps manage the next steps. The Archivist works for the National Archives and Records Administration (NARA). They make sure the process follows all the rules.

How New Rules Are Suggested

There are two main ways to suggest a new amendment:

• Congress can propose an amendment. This needs a super majority vote: two-thirds of the House of Representatives and two-thirds of the Senate must agree.
• States can ask for a special meeting called a constitutional convention. This happens if two-thirds of the state legislatures (the lawmaking bodies in each state) agree to call for one.

So far, all 27 amendments to the Constitution have been proposed by Congress. When Congress proposes an amendment, it's written as a "joint resolution." The President does not sign this resolution. Instead, it goes straight to the Office of the Federal Register (OFR) at NARA. The OFR prepares the document and sends information about it to all the states.

What Happens Next?

The Archivist sends the proposed amendment to each state governor. The governors then share it with their state legislatures. Sometimes, states start working on the amendment even before they get the official notice.

When a state agrees to a proposed amendment, it's called "ratifying" it. The state sends an official copy of its decision to the Archivist. The OFR checks these documents to make sure they are correct and have the right signatures. If everything looks good, the OFR confirms receipt and keeps the documents safe. These papers are stored until the amendment is either approved or fails.

When a New Rule Becomes Law

For a proposed amendment to become part of the Constitution, three-fourths of the states must ratify it. Since there are 50 states, this means 38 states must agree.

Once the OFR has received the correct number of ratified documents, they prepare a special announcement for the Archivist. This announcement officially declares that the amendment is valid and is now part of the Constitution. This official notice is published for everyone to see, letting Congress and the whole country know that the amendment process is complete.

Sometimes, states might reject an amendment or even change their minds after ratifying one. The Archivist's job is mainly to check if the documents are legally correct, not to decide if the state's action is right or wrong. The Archivist's final certification that an amendment has been ratified is considered the official word.

Special Moments in Amendment History

In recent times, the signing of the certification has become a special event. Important people, sometimes even the President, attend. For example, President Johnson witnessed the signing for the 24th and 25th Amendments. President Nixon also witnessed the signing for the 26th Amendment.

On May 18, 1992, the Archivist officially certified the 27th Amendment. This was the first time the Archivist performed this duty. The Director of the Federal Register signed as a witness.