Malcolm Rivera
The Constitution of the United States was written to endure for ages, and amending it is a challenging and time-consuming process. The President does not have a constitutional role in the amendment process, and a constitution cannot be amended by executive order. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a specific process for proposing and ratifying amendments. The process requires a two-thirds majority vote in both the House and the Senate, as well as ratification by three-quarters of the states. This ensures that any changes to the Constitution are carefully considered and reflect the principles it stands for.
| Characteristics | Values |
|---|---|
| Can a constitution be amended by executive order? | No |
| Who can propose an amendment? | 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 |
| What is the role of the President in the amendment process? | The President does not have a constitutional role in the amendment process |
| What is the process of amending the Constitution? | After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The amendment then becomes part of the Constitution when it is ratified by three-quarters of the states. |
| How many times has the Constitution been amended? | 27 times since it was drafted in 1787 |
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What You'll Learn
- The US Constitution cannot be amended by executive order
- Amending the Constitution requires a two-thirds vote in both the House and Senate
- The Archivist of the US is responsible for the ratification process
- A proposed amendment becomes part of the Constitution when ratified by 38 of 50 States
- The Constitution has been amended 27 times since 1787
The US Constitution cannot be amended by executive order
The US Constitution is a document designed to "'endure for ages to come'". Amending the Constitution is a challenging and lengthy process, and it cannot be done by executive order. The President does not have a constitutional role in the amendment process.
The Constitution outlines the process for making amendments in Article V, which involves a proposal and a ratification process. Firstly, an amendment must be proposed, which can be done in two ways. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for two-thirds of state legislatures to request a constitutional convention, although this has never happened in the history of the United States.
Once an amendment is proposed, it must be ratified. Ratification requires approval by three-quarters of the states (38 out of 50 states). The state legislatures can ratify the amendment, or the state can call for a convention. Once an amendment is ratified by enough states, it becomes part of the Constitution.
The process of amending the Constitution is deliberately challenging, and it has only been amended 27 times since 1787. This ensures that any changes made are significant and widely supported, reflecting enduring principles rather than temporary political fixes. The difficulty of the process also helps to maintain the stability and longevity of the Constitution.
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Amending the Constitution requires a two-thirds vote in both the House and Senate
The Constitution of the United States is a highly stable document, and amending it is a complex process that requires a super-majority. Amending the Constitution requires a two-thirds vote in both the House and the Senate, a process that is outlined in Article V of the Constitution. This is an exacting standard that has only been met a handful of times in American history, with the majority of proposed amendments failing to clear this hurdle.
The two-thirds majority in each chamber is a critical safeguard, ensuring that any change to the Constitution reflects the values and interests of a broad cross-section of the country. It also prevents a simple majority from imposing its will on the nation, protecting the rights of minorities and helping to maintain stability and continuity in governance.
The process of amending the Constitution is deliberately designed to be rigorous and challenging. It begins with a proposal for an amendment, which must be approved by two-thirds of both the House and the Senate. This is the first and most fundamental step, without which an amendment cannot proceed. This step is also the most challenging, as it requires broad bipartisan support in both chambers of Congress.
Once the proposal has passed this critical stage, it moves forward in the process. The proposed amendment is then sent to the states for ratification, where it must be approved by three-quarters of the states (38 out of 50) to become part of the Constitution. This step ensures that any change to the Constitution has the broad support of the American people, as represented by their state legislatures or, in some cases, through state-called conventions.
The two-thirds vote in both the House and the Senate is, therefore, a critical first step in the process of amending the Constitution. It serves as a gatekeeper, ensuring that only amendments with substantial support proceed further. This safeguard is a key feature of American democracy, protecting the Constitution's integrity and ensuring that any changes reflect the values and interests of a large majority of Americans.
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The Archivist of the US is responsible for the ratification process
The Constitution of the United States cannot be changed by executive order. Amending the Constitution requires a two-thirds vote in both the House and the Senate, and ratification by three-quarters of the states.
The Archivist of the United States is responsible for the ratification process. The Archivist, who heads the National Archives and Records Administration (NARA), is charged with administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines 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. The Director retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
When the Office of the Federal Register (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 and serves as official notice to Congress and the Nation that the amendment process has been completed. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
In addition to their role in the ratification process, the Archivist also has duties concerning the custody of Electoral College documents, such as certificates of ascertainment declaring the names of presidential electors chosen in each state, and the certificates of vote produced by the electors of each state.
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A proposed amendment becomes part of the Constitution when ratified by 38 of 50 States
The Constitution of the United States cannot be changed by executive order. The President does not have a constitutional role in the amendment process, and a joint resolution does not go to the White House for signature or approval. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
Congress proposes an amendment in the form of a joint resolution. The original document is forwarded directly to NARA's 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. The OFR 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 Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified. 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 OFR 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When 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 and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
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The Constitution has been amended 27 times since 1787
The President cannot amend the Constitution by executive order. Amending the Constitution is a complex and lengthy process that requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. The Constitution has been amended 27 times since it was first 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 of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once a proposed amendment is passed by a two-thirds majority in both houses of Congress, it must be ratified by three-quarters of the states (38 out of 50 states) to become part of the Constitution.
Some notable amendments to the Constitution include the 14th Amendment, which guaranteed citizenship to all children born on US soil regardless of their parents' status, and amendments that gave women the right to vote, abolished poll taxes, and lowered the minimum voting age to 18. The amendment process is designed to be challenging, ensuring that only significant changes affecting all Americans or securing citizens' rights are made to the Constitution.
While the President does not have a constitutional role in the amendment process, they may be involved in a ceremonial capacity during the signing of the certification. Additionally, while the President cannot amend the Constitution by executive order, they can endorse ideas for amendments, such as President Clinton's endorsement of a crime victims' rights amendment.
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Frequently asked questions
No, a constitution cannot be amended by executive order.
A constitution can be amended 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.
The President does not have a constitutional role in the amendment process.
The process of amending a constitution involves proposing an amendment, which can be done by Congress or by a constitutional convention. The proposal is then sent to the Archivist of the United States for the ratification process. Once the required number of authenticated ratification documents is reached, the Archivist certifies that the amendment is valid and has become part of the Constitution.
The US Constitution has been amended 27 times since it was drafted in 1787.
