Simone Lawson
The US Constitution can be changed through amendments, and any existing constitutional amendment can be repealed but only by the ratification of another amendment. The Constitution's Article V requires that an amendment be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The odds of a constitutional amendment being repealed are extremely slim. The process of amending the Constitution can be lengthy and time-consuming, and it is considered a living document that can be reinterpreted as society changes.
| Characteristics | Values |
|---|---|
| Possibility of removal | Very rare but possible |
| Process of removal | Voting for a new amendment |
| Who can propose an amendment? | Congress or two-thirds of all states |
| Who can ratify an amendment? | Three-quarters of US states |
| Time taken | Lengthy and time-consuming |
Explore related products
What You'll Learn
The odds of a constitutional amendment being repealed
Firstly, an amendment can be proposed by two-thirds of the House and Senate, and then ratified by three-quarters of state legislatures or state ratifying conventions (38 out of 50 states). This process is overseen by the Archivist of the United States, who is responsible for administering the ratification process.
The second method is for two-thirds of state legislatures to call for a constitutional convention, which has never been used for proposing amendments. However, the mere threat of this has often prompted Congress to propose amendments itself.
There have been instances of amendments being proposed for repeal, such as the 17th Amendment (direct election of Senators), the 16th Amendment (federal income tax), and the 22nd Amendment (presidental term limits). However, none of these proposals have come close to fruition. Only one amendment, the 18th Amendment, which established Prohibition, has been repealed by the states.
The lengthy and time-consuming nature of the amendment process, along with the rarity of amendments being proposed and ratified, contributes to the extremely low odds of a constitutional amendment being repealed.
Amendments: The Evolution of Our Constitution
You may want to see also
The role of the Archivist of the United States
The process of removing or repealing a constitutional amendment involves proposing and ratifying a new amendment. While it is possible to repeal an amendment, it is a very rare occurrence due to the challenging and lengthy process. The Archivist of the United States plays a crucial role in this process, and their responsibilities are outlined below.
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The position is appointed by the President and confirmed by the Senate. The Archivist is responsible for supervising and directing the National Archives, which includes preserving government records and making them accessible to the public. This involves working with various documents, photographs, maps, films, and computer records.
In the context of constitutional amendments, the Archivist has specific duties. After Congress proposes an amendment, the Archivist administers the ratification process. This includes receiving state ratifications and determining whether the required number of states have approved the amendment. 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. This certification is then published in the Federal Register and the U.S. Statutes at Large, serving as official notice to Congress and the nation.
Additionally, the Archivist has duties related to the custody of important documents, such as Electoral College documents during presidential elections. The Archivist also maintains custody of state ratifications of amendments and issues certificates proclaiming a particular amendment duly ratified when three-quarters of the states approve. Overall, the Archivist of the United States plays a vital role in the constitutional amendment process, ensuring the proper administration and certification of amendments.
Constitutional Amendments: Voting Rights and Their Evolution
You may want to see also
The ratification process
The process of amending the US Constitution is outlined in Article V of the Constitution. This process involves proposing an amendment and then ratifying it.
An amendment can be proposed by either the 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. Congress proposes an amendment in the form of a joint resolution, which does not require presidential approval.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist notifies the states by sending a registered letter to each state's governor, who then formally submits the amendment to their state legislature or ratifying convention.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). The OFR verifies that the required number of authenticated ratification documents has been received, and 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 is complete.
Amending India's Constitution: A Step-by-Step Guide
You may want to see also
Explore related products
The role of Congress in proposing amendments
The Constitution of the United States outlines the authority of Congress in proposing amendments. According to Article V of the Constitution, Congress can propose amendments whenever two-thirds of both Houses deem it necessary. This process requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, Congress may call a convention for proposing amendments upon the request of two-thirds of the states. However, this method has never been used.
Congress plays a crucial role in initiating the amendment process. Once an amendment is proposed by Congress, it takes the form of a joint resolution. Notably, the President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process.
The Archivist submits the proposed amendment to the states for their consideration. Governors receive a letter of notification along with informational material prepared by NARA's Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. It is important to note that some states have taken action on a proposed amendment even before receiving official notification.
Once a proposed amendment is ratified by three-fourths of the states (currently 38 out of 50 states), it becomes an official part of the Constitution. The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then 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 President does not have a constitutional role in proposing amendments, they may participate in a ceremonial capacity during the signing of the certification. For example, President Johnson and President Nixon witnessed the certification of the 24th, 25th, and 26th Amendments, respectively. Additionally, Congress has introduced over 11,000 proposals to amend the Constitution, but only a small fraction has received the required two-thirds majority in both Houses for submission to the states for ratification.
The Second Amendment: What Do Americans Really Want?
You may want to see also
The role of the President in the amendment process
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. However, the President can play an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment along with three young scholars. President Jimmy Carter signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
The Supreme Court has articulated the Judicial Branch's understanding that the President has no formal constitutional role in the amendment process. In the 1920 case Hawke v. Smith, the Court characterized its earlier decision in Hollingsworth v. Virginia (1798) as having "settled" that "submission of a constitutional amendment did not require the action of the President." In Hollingsworth, the Supreme Court reporter recorded Justice Samuel Chase's statement during oral argument that the President has nothing to do with the proposition or adoption of amendments to the Constitution.
While the President does not have a formal role in the amendment process, it is worth noting that the Constitution can be changed through presidential actions, which is one of the five unofficial yet legal ways of changing the Constitution.
Amending the Constitution: Why and How We Do It
You may want to see also
Frequently asked questions
Yes, a constitutional amendment can be removed or repealed, but it requires the ratification of another amendment. This is a long and arduous process.
The most recent amendment was the 27th Amendment in 1992, prohibiting members of Congress from raising their salaries. There have been approximately 11,699 amendment changes proposed in Congress since the Bill of Rights was ratified in 1789.
An amendment must be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. It then needs to be ratified by three-quarters of the states.
