Amendments: A Living Constitution's Evolution

The Constitution of the United States has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing and ratifying amendments. The first method requires a two-thirds majority vote in both the House and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The process is designed to be difficult and time-consuming, ensuring that only significant changes that impact all Americans or secure citizens' rights are made to the founding document.

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The process of amending the US Constitution

• The first method involves the Congress, which can propose amendments whenever two-thirds of both Houses deem it necessary. This requires a two-thirds majority vote in both the House of Representatives and the Senate, and the amendment is proposed in the form of a joint resolution.
• The second method is through a constitutional convention called for by two-thirds of the State legislatures. However, in practice, none of the amendments to the Constitution have been proposed by a constitutional convention.

Once an amendment is proposed, it is forwarded 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, publishes the joint resolution, and assembles an information package for the States.

After an amendment is proposed, it must be ratified. Ratification can occur through one of two methods, as outlined by Article V:

• The first method requires ratification by the legislatures of three-fourths of the States (38 out of 50 States).
• The second method is through ratification by conventions in three-fourths of the States, as determined by Congress.

When the required number of States have ratified the amendment, the OFR drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register, serving as official notice that the amendment process is complete.

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, including the preservation of government records and making them accessible to the public. The role involves overseeing the ratification process of constitutional amendments, maintaining custody of state ratifications, and issuing certificates of ratification.

The Archivist of the United States is appointed by the President and has specific duties related to the custody of important documents. These include Electoral College documents, such as certificates of ascertainment and certificates of vote produced by electors. The Archivist also receives the original versions of all statutes of the United States and plays a role in the preservation and accessibility of government records.

The National Archives was established in 1934 to centralize federal record-keeping, with the Archivist serving as its leader. The Archivist works with a team of specialists, technicians, conservators, and volunteers to preserve and provide access to records. This includes paper documents, photographs, maps, films, and computer records.

In recent years, the Archivist has also been involved in processes related to national security and the declassification of records. Additionally, the Archivist has been tasked with establishing collections related to unidentified anomalous phenomena and non-human intelligence, further highlighting the diverse and important role they play in the preservation and management of critical information.

Ratification by state legislatures

The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA then sends the proposed amendment to the states for their consideration.

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 States).

In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The Director retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.

Once the Director 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 Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and the Nation that the amendment process has been completed.

In conclusion, the ratification of amendments to the Constitution by state legislatures is a complex and detailed process involving multiple steps and stakeholders. It requires coordination between the Governors, State legislatures, the Archivist, the Director of the Federal Register, and Congress, ensuring that any changes to the Constitution are carefully considered and duly ratified by a sufficient number of states.

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The two methods of proposing amendments

Article V of the US Constitution outlines two methods for proposing amendments to the Constitution.

The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used to propose amendments thus far. Congress proposes an amendment in the form of a joint resolution, which is then 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. It 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 proposal.

The second method, which has never been used, involves a constitutional convention called for by two-thirds of the State legislatures. This method has been the subject of debate among scholars, with some arguing that Congress must call a convention upon receiving the requisite number of state applications, while others question whether the convention can be limited in any way (the "runaway convention" debate).

Once an amendment is proposed, it is submitted to the States for their consideration. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The OFR then 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, serving as official notice to Congress and the Nation that the amendment process has been completed.

The rarity of amendments

The Constitution of the United States has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified in 1791 and are known as the Bill of Rights. The process of amending the Constitution is deliberately difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, and then ratified by three-fourths of the States (38 out of 50). This high bar for approval ensures that only significant changes that affect all Americans or secure the rights of citizens are made to the Constitution.

The authority to amend the Constitution is derived from Article V of the Constitution, which sets forth two methods for proposing and ratifying amendments. The first method requires a two-thirds majority vote in both the House and the Senate, and the second method involves a constitutional convention called for by two-thirds of the State legislatures. To date, all 27 amendments have been proposed by Congress, and none have been proposed by a constitutional convention.

Once an amendment is proposed, it is sent to the states for ratification. Congress determines the method of ratification, which can be through the state legislatures or state ratifying conventions. In recent years, Congress has stipulated that an amendment must be ratified within seven years of being submitted to the states to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become operative.

Despite the large number of proposed amendments introduced in Congress, only a small fraction have become part of the Constitution. Many proposals die in congressional committees, and even those that receive a full vote in the House or Senate rarely gain the necessary two-thirds support for submission to the states. The last time this occurred was in 1978 with the District of Columbia Voting Rights Amendment. This rarity of amendments demonstrates the stability and enduring nature of the Constitution, which has served as the foundation of American democracy for over two centuries.

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