How To Propose Constitutional Amendments As A Civilian

The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, Congress plays a crucial role in proposing amendments. Amendments can be proposed by two-thirds of both Houses of Congress or by a convention called on the application of the legislatures of two-thirds of the states. The proposed amendments are then submitted to the states for ratification, becoming part of the Constitution once ratified by three-quarters of the states. While the process typically involves Congress and state legislatures, there are varying methods for proposing amendments at the state level, including by voter initiative and popular referendum. These methods often require approval by a majority of voters. Therefore, while the formal process of amending the Constitution is initiated by Congress or state legislatures, civilians can indirectly influence and propose amendments through democratic mechanisms at the state level.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$103.26 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

The process of amending the US Constitution

Alternatively, Article V provides that Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method has never been used. Once an amendment is proposed, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format.

The OFR also assembles an information package for the States, which includes formal copies of the joint resolution and the statutory procedure for ratification. The proposed amendment is then submitted to the States for their consideration. The Governors 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). 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 that the amendment process has been completed.

State legislatures and their role

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, Congress plays a crucial role in proposing amendments. After Congress proposes an amendment, the process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

State legislatures play a significant role in the amendment process. Once Congress proposes an amendment, it is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then prepares an information package for the States, which includes formal copies of the joint resolution and the statutory procedure for ratification. The proposed amendment is submitted to the States for their consideration, with a letter of notification sent to each Governor.

At this stage, the role of the state legislatures comes into play. The Governors formally submit the amendment to their respective state legislatures. The state legislatures can then take action on the proposed amendment. In some cases, a state may call for a convention, depending on Congress's specifications. To date, Congress has used Article V's procedures to propose thirty-three constitutional amendments.

It's worth noting that there are different methods for proposing amendments at the state level. For example, in California, there are three methods: by the legislature, by constitutional convention, or by voter initiative. Similarly, in New York, there are two methods: the legislative method and the convention method. The specific process and requirements for each state may vary, but the ultimate goal is to propose and ratify amendments to their state constitution.

The role of state legislatures is crucial in the amendment process, as a proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50 States). This ratification process, facilitated by the state legislatures, ensures that any changes to the Constitution reflect the will of a significant majority of the states.

The role of the Archivist

While the process of amending the US Constitution is outlined in Article V of the Constitution, the role of the Archivist in this process is significant. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This role includes several key duties and responsibilities, which are outlined below:

Administrative Duties:

The Archivist is charged with the responsibility of administering the ratification process under the provisions of 1 U.S.C. 106b. While the Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register, they still play a crucial role in overseeing the process. The Archivist follows established procedures and customs previously performed by the Secretary of State and the Administrator of General Services before NARA assumed responsibility in 1985.

Submission to States:

Once Congress proposes an amendment in the form of a joint resolution, the original document is forwarded to NARA's Office of the Federal Register (OFR) for processing. The OFR then prepares informational material, including legislative history notes and formal "red-line" copies of the joint resolution. The Archivist then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR.

Receipt of State Ratification:

When a State ratifies a proposed amendment, the Archivist receives an original or certified copy of the State action from the Governor. This copy is immediately conveyed to the Director of the Federal Register for examination and custody. The Archivist plays a crucial role in ensuring the proper receipt and conveyance of these important documents.

Certification of Validity:

Once the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies 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 Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.

Ceremonial Role:

In recent times, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The Archivist's presence and participation in this ceremony add to the importance and solemnity of the occasion, underscoring the significance of the amendment process.

In conclusion, while the Archivist of the United States may have delegated some of the administrative duties, they still play a vital role in the constitutional amendment process. Their responsibilities include submitting proposed amendments to the States, receiving and conveying State ratification documents, certifying the validity of amendments, and participating in the ceremonial aspects of the process. The Archivist's role ensures the smooth and proper execution of the constitutional amendment process in the United States.

Explore related products

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$16.7 $26.99

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

A Companion to the United States Constitution and Its Amendments

$34.65 $45

Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law

$7.88 $29.99

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

Ratification process

The ratification process for a constitutional amendment in the United States is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, Congress plays a crucial role in proposing and ratifying amendments.

The process begins with Congress proposing an amendment in the form of a joint resolution. This joint resolution is 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 resolution, publishes it in slip law format, and assembles an information package for the States. This package includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.

The Archivist of the United States then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. At this stage, Governors formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines these ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.

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 U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete.

While the above process outlines the standard procedure for ratifying amendments to the U.S. Constitution, it is worth noting that there have been arguments for alternative methods. Some scholars, like Akhil Reed Amar, suggest that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. Additionally, different states like California, New York, and Texas have their own unique processes for proposing and ratifying amendments to their state constitutions, which may involve voter initiatives, conventions, or legislative methods.

Article V and its procedures

Article V of the United States Constitution outlines the procedures for amending the Constitution. It establishes two methods for proposing amendments:

• The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution.
• On the application of the legislatures of two-thirds of the States, Congress shall call a convention for proposing Amendments.

In either case, the proposed amendment must be ratified by the legislatures of three-fourths of the States (38 out of 50 States) or by conventions in three-fourths of the States. The mode of ratification may be proposed by Congress.

It's important to note that Article V also includes two sentences that make certain subjects unamendable. Specifically, it states that no amendment made prior to the year 1808 shall affect the first and fourth clauses in the ninth section of the first article, and that no State shall be deprived of its equal suffrage in the Senate without its consent.

Since the founding of the United States, Congress has proposed thirty-three constitutional amendments using the procedures outlined in Article V. Twenty-seven of these amendments have been ratified by the States, including the first ten amendments known as the Bill of Rights. The remaining six proposed amendments were not ratified by the States.

While Article V provides the procedures for amending the Constitution, some scholars, such as Akhil Reed Amar, have argued that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.

Frequently asked questions