Executive Power: Amending The Constitution

The process of amending the US Constitution is a complex and lengthy one, and while the President may have a ceremonial role in signing off on amendments, they have no official role in the process. The US Constitution has been amended only 27 times since it was drafted in 1787, and each amendment has been proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have the power to veto an amendment, and any changes to the Constitution must be ratified by three-fourths of state legislatures.

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The President has no constitutional role in the amendment process

The President has no constitutional role in the process of amending the Constitution. The Constitution outlines two ways in which 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 state legislatures. In both cases, the President is not involved in the proposal stage.

Once an amendment is proposed by Congress, it 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 and publishes the joint resolution in slip law format. This process does not involve the President.

The OFR also assembles an information package for the states, which includes formal copies of the joint resolution. While some Presidents have played a role in transmitting Congress's proposed amendments to the states for potential ratification, this is not a constitutional requirement. The OFR is responsible for sending the necessary information to the states.

After an amendment is ratified by the legislatures of three-fourths of the states, the OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. The Archivist's certification is published in the Federal Register and serves as official notice that the amendment process is complete. While the President may attend the signing of the certification as a witness, this is a ceremonial function and not a constitutional requirement.

In summary, while there have been instances of Presidents participating in the amendment process peripherally, their involvement is not constitutionally mandated or essential. The authority to amend the Constitution rests with Congress and the states, and the President's role, if any, is purely ceremonial.

Presidents have played a ministerial role in transmitting Congress's proposed amendments

The US Constitution does not outline a role for the President in amending the Constitution. The authority to amend the Constitution is derived from Article V of the Constitution, which does not mention the President. The Constitution states that Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, can propose amendments. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures. In either case, no presidential approval is required. The joint resolution for an amendment is sent 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 what would become the Bill of Rights, to the states for ratification after they were approved by Congress. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not required for its proposal or ratification. President Jimmy Carter also signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

In recent history, the certification of amendments has become a ceremonial function attended by various dignitaries, including the President. For instance, 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 Presidents were not required for the amendments to come into effect but were more symbolic in nature.

Presidents have signed certifications for amendments as witnesses

The President of the United States does not have a constitutional role in the amendment process. The Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. The original document is forwarded 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 certificate of ratification has become a ceremonial function attended by various dignitaries, including the President. On three occasions, Presidents have signed certifications for amendments as witnesses:

• President Lyndon Johnson signed the certifications for the Twenty-fourth Amendment and Twenty-fifth Amendment as a witness.
• When the Administrator of General Services, Robert Kunzig, certified the Twenty-sixth Amendment, President Richard Nixon signed as a witness, along with Julianne Jones, Joseph W. Loyd Jr., and Paul Larimer of the "Young Americans in Concert".
• 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.

It is important to note that while the President may participate in the ceremonial signing of certifications for amendments, their signature is not constitutionally required for the amendment process. The authority to amend the Constitution is derived from Article V of the Constitution, which does not establish a role for the President in amending the Constitution.

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The Supreme Court has ruled that the President cannot veto a proposed amendment

The President of the United States can veto any new legislation passed by Congress. However, the President does not have a formal constitutional role in the amendment process. The Supreme Court has ruled that the President has no constitutional power to veto a proposed amendment to the Constitution.

In the 1798 case of Hollingsworth v. Virginia, the Supreme Court held that the Eleventh Amendment had been constitutionally adopted without the involvement of the President. 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 view was reaffirmed in the 1920 case of Hawke v. Smith, where the Supreme Court characterised its earlier decision in Hollingsworth as having settled that the submission of a constitutional amendment did not require the action of the President. 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. The Court's decision in Hawke v. Smith thus appears to have settled that the President cannot veto a proposed amendment.

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, or by a constitutional convention called for by two-thirds of the State legislatures. The process of amending the Constitution is outlined in Article V of the Constitution. The authority to amend the Constitution is derived from this Article, which does not establish a role for the President in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval but is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

While the President does not have a formal role in the amendment process, they may 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 became the Bill of Rights, to the states for ratification after Congressional approval.

The Twenty-second Amendment limits the number of terms a President can serve

The Twenty-second Amendment to the US Constitution limits the number of terms a President can serve. It was ratified on February 27, 1951, and it outlines that no person shall be elected to the office of the President more than twice. Additionally, if a person has held the office of President, or acted as President, for more than two years of a term that another person was elected to, they can only be elected to the office of President one more time.

This amendment was created to establish term limits for the Presidency and outline stipulations for eligibility in cases of unfinished presidential terms. The Twenty-second Amendment was ratified by three-fourths of the state legislatures within seven years of its submission to the states by Congress, as required for any amendment to the Constitution.

The process of amending the Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose amendments. However, in reality, all amendments to date have been proposed by Congress. The President does not have a constitutional role in this process and cannot veto a proposed amendment. Once an amendment is proposed by Congress, it is sent to the states for ratification.

The Twenty-second Amendment has been a topic of debate since its creation, with attempts made by various presidents and Congress members to modify or repeal it. Supporters of repealing the amendment argue for consistent leadership during crises and allowing non-consecutive terms for eligible presidents.

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