Simone Lawson
The process of amending the US Constitution is a complex and lengthy one, involving significant time and resource commitments. Since the Constitution was established in 1787, there have been only 27 successful amendments, with none proposed by a constitutional convention. The Constitution stipulates that amendments can be suggested by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. 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. This process is administered by the Archivist of the United States, who ensures the amendment's validity and compliance with legal requirements. Given the high bar for ratification and the involvement of multiple governmental bodies, the financial costs associated with constitutional amendments are likely to be substantial.
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What You'll Learn
The challenging process of amending the Constitution
Amending the US Constitution is a challenging and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The framers of the Constitution intended for it to endure for ages, hence the stringent amendment process.
The authority to amend the Constitution is derived from Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. However, no amendments have been proposed through a constitutional convention to date. Once proposed, an amendment is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process. It examines ratification documents for legal sufficiency and authenticating signatures. Once the OFR 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 serves as official notice of the amendment's completion.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). Congress can stipulate a deadline for ratification, typically within seven years from the submission date. If an amendment fails to meet this deadline, it can remain pending indefinitely and be ratified long after being proposed. The amendment process is challenging, and not all proposed amendments succeed in becoming part of the Constitution.
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The role of the Archivist and the Director of the Federal Register
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, as well as the preservation and documentation of government and historical records. In the context of constitutional amendments, the Archivist is responsible for administering the ratification process. This includes maintaining custody of state ratifications of amendments and issuing a certificate proclaiming a particular amendment duly ratified and part of the Constitution when the required number of state approvals is reached.
The Director of the Federal Register, who serves as the Secretary of the Administrative Committee of the Federal Register (ACFR), works closely with the Archivist and has been delegated many of the ministerial duties associated with the constitutional amendment process. The Director examines ratification documents for legal sufficiency and authenticity, maintains custody of these documents, and drafts a formal proclamation for the Archivist to certify that an amendment is valid and has become part of the Constitution. The Director also has day-to-day responsibility for Federal Register operations and publication policy, including the publication of documents such as presidential proclamations and executive orders.
The relationship between the Archivist and the Director of the Federal Register is important in ensuring the smooth administration of the constitutional amendment process and the accurate documentation and preservation of related records. The Archivist, as the higher-ranking official, oversees the work of the Director and ensures that the ratification process is carried out in accordance with established procedures and customs. The Director, in turn, handles the day-to-day operational aspects and ensures that the necessary documentation is properly examined, maintained, and published.
Overall, the Archivist and the Director of the Federal Register play crucial roles in the amendment process of the United States Constitution, safeguarding the integrity and accuracy of the nation's highest law. Their duties include maintaining records, examining and certifying amendments, and ensuring compliance with established procedures. By working together, they contribute to the preservation of the Constitution and the transparency of the amendment process.
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Ratification by three-fourths of the States
The process of amending the United States Constitution is deliberately difficult, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was "to endure for ages to come". The authority to amend the Constitution comes from Article V of the Constitution, which states that amendments may be ratified by the legislatures of three-fourths of the states (38 out of 50 states). This can be done through one of two methods, as determined by Congress: the first method requires three-fourths of the state legislatures to ratify an amendment, while the second method, which has only been specified once for the Twenty-First Amendment, requires three-fourths of state ratifying conventions to approve a proposed amendment.
The process of ratification by three-fourths of the states typically begins with Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The original document is then 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 to the joint resolution and publishes it in slip law format. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and other relevant information.
Once the proposed amendment is submitted to the states, they can choose to wait for official notice or take immediate action. When a state ratifies the 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 the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
The OFR verifies the receipt of the required number of authenticated ratification documents before drafting 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 is complete. The signing of this certification has become a ceremonial function attended by various dignitaries, sometimes including the President.
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The rarity of amendments since 1787
The Constitution has been amended only 27 times since it was drafted in 1787. The first 10 amendments were adopted four years later, in 1791, and are known as the Bill of Rights. The rarity of amendments to the Constitution since 1787 is due in part to the difficulty and time-consuming nature of the amendment process. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate before being ratified by three-fourths of the states (38 out of 50). This two-step process, requiring approval from both Congress and the states, ensures that amendments are reserved for significant changes that affect all Americans or secure the rights of citizens.
The process of amending the Constitution has become even more challenging in recent years, with none of the proposed amendments in recent decades becoming part of the Constitution. The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was in 1978 for the District of Columbia Voting Rights Amendment. This trend suggests that the bar for amending the Constitution has risen, making it even more challenging to enact changes to the nation's founding document.
Another factor contributing to the rarity of amendments is the option for Congress to set a ratification deadline. Since the early 20th century, Congress has occasionally stipulated that an amendment must be ratified by the required number of states within a specified period, typically seven years. This added time constraint further complicates the process, as failing to meet the deadline can result in the amendment's failure.
Additionally, the political climate and the nature of the proposed changes can influence the likelihood of an amendment's success. While the number of proposed amendments is not uncommon, some argue that political fixes do not necessarily belong in the Constitution. The Eighteenth Amendment, which established Prohibition, is often cited as an example of a political fix that ultimately proved unsuccessful and was later repealed by the Twenty-first Amendment.
The rarity of amendments to the Constitution since 1787 highlights the document's enduring nature and the careful consideration given to any proposed changes. While the process of amending the Constitution is deliberately challenging, it is not impossible, as evidenced by the 27 amendments that have been successfully enacted. These amendments have played a crucial role in shaping the nation's laws and protecting the rights of citizens.
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The cost of political fixes
The process of amending the US Constitution is deliberately challenging. Chief Justice John Marshall wrote that the Constitution was written "to endure for ages to come". As a result, the framers made it difficult to amend the document. Since 1789, there have been 27 amendments to the Constitution, with none proposed by a constitutional convention. The process begins with a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposal is then sent to the states for ratification, where it must be approved by three-fourths of the states (38 out of 50) to become part of the Constitution. This entire process can be costly, requiring significant resources and time investment.
The process of amending the Constitution also has indirect costs. For example, it can lead to increased political polarisation and social division as different groups advocate for or against a particular amendment. The focus on a specific amendment may also distract from other important issues or reforms that require attention. Additionally, there may be unintended consequences arising from the amendment that could result in further costs or challenges.
The high bar for amending the Constitution ensures that any changes made are carefully considered and widely supported. However, it also means that the process is susceptible to the influence of interest groups and lobbying efforts, which can further increase the cost of political fixes. Interest groups may exert significant influence on the process, and lobbying efforts can become highly competitive and expensive as stakeholders seek to shape the amendment to their advantage.
While the cost of political fixes through constitutional amendments can be high, it is important to note that the process is designed to be challenging to ensure that any changes made are enduring and reflect the will of a significant majority of the country. The financial and procedural hurdles involved in amending the Constitution are intended to strike a balance between allowing necessary changes while preserving the stability and longevity of the nation's foundational document.
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Frequently asked questions
There have been 27 amendments to the US Constitution since it was drafted in 1787.
The US Constitution can be amended either by a two-thirds majority vote in both the House of Representatives and the Senate or by 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 amendment process is difficult and time-consuming. It involves multiple steps, including proposal, ratification, and certification. In some cases, amendments have been pending indefinitely and ratified long after being proposed.
The amendment process involves Congress, the Archivist of the United States, the Director of the Federal Register, and the States. The President does not have a constitutional role in the process.
While there may be costs associated with the process of amending the Constitution, such as administrative expenses and the time and resources invested by those involved, the primary focus of amending the Constitution is on ensuring a thorough and deliberate process rather than financial considerations.
