There are two specified mechanisms whereby an amendment to the U.S. Constitution can be proposed. The States can convene a constitutional convention or both houses of Congress can pass an amendment by supermajority and send it to the State legislatures for ratification.
Joint Resolutions are used to propose constitutional amendments.
The constitution
Initiative democracy is a form of direct democracy that allows citizens to propose legislation or constitutional amendments through a petition process. If a specified number of signatures is collected, the proposal is submitted to the electorate for a vote. This mechanism empowers citizens to influence governance directly and bypass traditional legislative bodies. It is often used to address issues that may not be prioritized by elected representatives.
National conventions are used to formally nominate a party candidate for president.
Either Congress or a constitutional convention have the power to do propose amendments to the US Constitution under Article V of the Constitution. Congress may proposes a specific amendment for ratification by votes of two thirds of both houses of Congress. Congress may also convene a constitutional convention, on application of the legislatures of two thirds of the states, in order for the convention to prepare and propose specific amendments for ratification. This method has not yet been used.
Congress can propose amendments by a 2/3 vote of members present (in a quorum), and this is the way amendments have so far been presented. The states decide individually on ratification, with a 3/4 vote of state legislatures or state conventions required for adoption. However, Article 5 of the Constitution also allows the states to propose amendments, forming a national convention by the vote of at least 2/3 of the state legislatures of the country. This method has been suggested but never used.
A direct initiative is a political process that allows citizens to propose legislation or constitutional amendments and vote on them directly, bypassing the legislature. Typically, this process involves gathering a certain number of signatures from registered voters to qualify the proposal for a ballot. If successful, the initiative is presented to the electorate in a referendum, enabling voters to approve or reject the measure. This mechanism empowers citizens to influence policy and enact changes that reflect their preferences.
To propose an amendment to the U.S. Constitution, Congress must obtain a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called by two-thirds of state legislatures, although this method has never been used. Once proposed, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.
The only method that has been used to propose amendments to the Constitution has been by a two-thirds vote in both houses of Congress. The second method, which has never been used, calls for two-thirds of all state legislatures to call for a Constitutional convention.
The constitutional convention, as outlined in Article V of the U.S. Constitution, has never been used primarily due to concerns over a lack of control and the potential for radical changes. There is apprehension that once convened, delegates could propose amendments that extend beyond the original intent, leading to unintended consequences. Additionally, the political climate often lacks the consensus necessary to convene such a significant gathering, making it easier for amendments to be proposed and ratified through the established congressional process. Thus, the tradition of amending the Constitution through Congress remains the preferred method.
A joint resolution in Congress is a legislative proposal that requires approval from both the House of Representatives and the Senate, and it is typically used to address specific issues, such as constitutional amendments or declarations of war. Unlike bills, joint resolutions can also be used to propose changes to existing laws or to express the sentiment of Congress. Once passed by both chambers and signed by the President, a joint resolution has the force of law. However, certain types of joint resolutions, like those proposing amendments to the Constitution, do not require presidential approval.
The convention to propose the amendments to the constitution of the US is called an Article V Convention. The other method which is used is the use of a vote which requires a majority of two thirds.