Malcolm Rivera
The President of the United States does not have the authority to veto a constitutional amendment. The Constitution outlines that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention requested by two-thirds of state legislatures. Notably, the President's approval or signature is not required in this process. The role of the President in amending the Constitution is not explicitly defined, and the process of ratification is overseen by the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA). While some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification, their involvement is not a constitutional requirement.
| Characteristics | Values |
|---|---|
| Can a constitutional amendment be vetoed by the president? | No |
| Does the constitution establish a role for the president in amending the constitution? | No |
| Who proposes 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 happens after an amendment is proposed? | The Archivist of the United States is responsible for administering the ratification process |
| Does the proposed amendment go to the president for signature or approval? | No |
| Who forwards the original document for processing and publication? | NARA's Office of the Federal Register (OFR) |
| What happens when 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 |
| Who performs the duties of the certifying official? | The Archivist of the United States |
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What You'll Learn
- The US Constitution does not outline a role for the President in amending it
- The President does not have a constitutional role in the amendment process
- The President can play a ministerial role in transmitting Congress's proposed amendments
- The President may sign certifications for amendments as a witness
- The President's signature is unnecessary for the ratification of an amendment
The US Constitution does not outline a role for the President in amending it
The OFR plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format. Once an amendment is ratified, the OFR verifies the receipt of the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist to certify.
While the President does not have a formal role in amending the Constitution, some Presidents have played a 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 modern times, the responsibility for certifying a state's ratification of a constitutional amendment falls on the Archivist of the United States, who heads the NARA.
The Supreme Court's decision in Hawke v. Smith (1920) further supports the view that the President cannot veto a proposed amendment. In this case, the Court characterized its earlier decision in Hollingsworth as settling that the submission of a constitutional amendment does not require the action of the President. Additionally, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
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The President does not have a constitutional role in the amendment process
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 and copies of the joint resolution in slip law format. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which does not describe the ratification process in detail.
While the President does not have a constitutional role in the amendment process, some Presidents have played a 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 modern times, the Archivist of the United States is responsible for certifying a state’s ratification of a constitutional amendment.
In a few instances, the President has witnessed the certification of amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. However, these actions are ceremonial and do not indicate a constitutional role for the President in the amendment process.
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The President can play a ministerial role in transmitting Congress's proposed amendments
The President of the United States does not have a formal role in amending the Constitution. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President's signature is not required for the proposal or ratification of an amendment. The joint resolution for an amendment is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
However, historically, some Presidents have played a 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. President Abraham Lincoln also signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. In more recent times, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In a few instances, Presidents have also witnessed the certification of amendments. President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. These actions by the President are ceremonial and do not impact the validity of the amendments.
Therefore, while the President can play a ministerial role in transmitting Congress's proposed amendments, it is not a constitutionally mandated function and does not grant the President any veto power over constitutional amendments.
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The President may sign certifications for amendments as a witness
The President does not have a constitutional role in the amendment process. The Constitution does not establish a role for the President in amending the Constitution. As such, a proposed amendment in the form of a joint resolution does not go to the White House for signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication.
However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The President may sign certifications for amendments as a witness. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
It is important to note that the President's signature on these certifications is not a requirement for the amendment process. In the 1920 case of Hawke v. Smith, the Supreme Court ruled that the submission of a constitutional amendment did not require the action of the President. This decision was reinforced by President Jimmy Carter's unnecessary signing of a joint resolution to extend the deadline for ratification of the Equal Rights Amendment.
Therefore, while the President may occasionally participate in the ceremonial signing of amendment certifications, their signature is not a requirement for the amendment to be valid. The role of certifying that an amendment is valid and has become part of the Constitution falls to the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
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The President's signature is unnecessary for the ratification of an amendment
The U.S. Constitution does not outline a role for the President in amending it. The Supreme Court has also articulated the Judicial Branch's understanding that the President has no formal constitutional function in the process of amending the Constitution. In the 1798 case of Hollingsworth v. Virginia, Justice Samuel Chase stated during oral argument that the President has "nothing to do with the proposition, or adoption, of amendments to the Constitution." This was reaffirmed in the 1920 Hawke v. Smith case, where the Supreme Court held that the submission of a constitutional amendment did not require the President's action.
While some Presidents have played an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification, their signature is not required for the validity of an amendment. For example, President Jimmy Carter signed a joint resolution extending the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. The process of amending the Constitution is initiated by Congress, which proposes amendments whenever two-thirds of both Houses deem it necessary. These amendments become valid when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as determined by Congress.
The Constitution outlines a specific procedure for amending it, ensuring that any changes made are carefully considered and widely accepted. This process bypasses the President's involvement, requiring supermajorities in Congress and among the states for an amendment to be ratified successfully.
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Frequently asked questions
No, the President cannot veto a constitutional amendment. The US Constitution does not establish a role for the President in amending the Constitution.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may 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. The Archivist of the United States is responsible for administering the ratification process.
While the President does not have a constitutional role in the amendment process, some Presidents have played a 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. More recently, Presidents have acted as witnesses during the certification of amendments.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
Yes, the President can veto bills passed by Congress. However, the President must veto or approve the entire bill and cannot veto specific parts of a bill.
