Article V Amendments: Exploring The Constitution's Evolution

Article V of the United States Constitution outlines the procedures for amending the Constitution. It states that whenever two-thirds of both Houses of Congress deem it necessary, they shall propose Amendments, or on the application of the legislatures of two-thirds of the states, a convention for proposing Amendments shall be called. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states. While Article V provides the procedures for amending the Constitution, it does not explicitly state whether those procedures can be used to amend Article V itself, and it has never been amended.

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The role of Congress in proposing amendments

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution. A two-thirds majority vote in both the House of Representatives and the Senate is required for an amendment to be proposed by Congress. Alternatively, a constitutional convention can be called for by two-thirds of state legislatures. However, this method of proposing amendments has never been used.

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 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 procedure for ratification.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist 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. The governors then 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 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, serving as official notice to Congress and the nation that the amendment process is complete.

Ratification by state legislatures

Article V of the US Constitution outlines the process of amending the Constitution. It states that whenever two-thirds of both Houses of Congress deem it necessary, they shall propose Amendments to the Constitution. Alternatively, if two-thirds of the state legislatures apply, Congress shall call a convention for proposing Amendments. In either case, the Amendments become valid and part of the Constitution when they are ratified by the legislatures of three-fourths of the states, i.e., 38 out of 50 states. This can be done either through the state legislatures or conventions in three-fourths of the states, as determined by Congress.

The process of ratification by state legislatures involves the following steps:

Step 1: Proposal by Congress

The first step is for Congress to propose an amendment. This requires a two-thirds majority vote in both the House of Representatives and the Senate. This is a vote of two-thirds of the members present, assuming a quorum, and not of the entire membership. Once the amendment is proposed, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

Step 2: Information Package and Submission to States

NARA's Office of the Federal Register (OFR) prepares an information package for the states, including 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.

Step 3: Ratification by State Legislatures

The proposed amendment is then sent to the state legislatures for ratification. Three-quarters of the states, or currently 38 out of 50 states, must ratify the amendment for it to become part of the Constitution. This can be done through the state legislatures, which are the law-making bodies of the states.

Step 4: Certification by Archivist

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.

It is important to note that Congress has the sole discretion to choose the mode of ratification, and with one exception (the Twenty-First Amendment), every amendment to date has been ratified by state legislatures. Additionally, Article V provides a way for states to bypass Congress and propose amendments through a convention, but this method has never been used.

The role of the Archivist of the United States

Article V of the US Constitution outlines the process of amending the Constitution. The Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process.

The Archivist of the United States plays a crucial role in the amendment process and has other important duties. As the head and chief administrator of the National Archives and Records Administration (NARA), the Archivist is responsible for supervising and directing the National Archives. The Archivist is appointed by the President of the United States.

The National Archives is an independent agency within the executive branch of the US government. It is responsible for preserving and providing access to government and historical records. This includes acts of Congress, presidential directives, and federal regulations. The National Archives Building, informally known as "Archives I", is located in Washington, D.C., and houses the Charters of Freedom, including the original Declaration of Independence and Constitution.

The Archivist's role in the amendment process involves administering the ratification process under the provisions of 1 U.S.C. 106b. While the Archivist has delegated some ministerial duties to the Director of the Federal Register, they still play a key part. After Congress proposes an amendment, the Archivist submits the proposal to the states for their consideration. Once an amendment is ratified by three-fourths of the states (38 out of 50), the Archivist certifies that it is valid and has become part of the Constitution. This certification is published in the Federal Register as official notice.

Additionally, the Archivist has duties related to the custody of Electoral College documents during US presidential elections. They also maintain custody of state ratifications of amendments to the Constitution and issue certificates proclaiming a particular amendment duly ratified when three-quarters of the states approve. The Archivist receives the original version of all statutes of the United States once enacted.

The National Archives employs approximately 3,000 people across 36 facilities in the US. These employees include archivists, archives technicians, conservators, and records managers, all working to preserve and provide access to the nation's records.

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The bypassing of Congress

Article V of the U.S. Constitution outlines the procedures for amending the Constitution. The process of amending the Constitution is not straightforward, and only 27 amendments have been added since its adoption.

Article V provides a way for states to bypass Congress when proposing amendments. However, this method has never been used. According to Article V, "on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments". This means that two-thirds of state legislatures can force Congress to call a convention for proposing amendments, regardless of whether Congress approves. These proposed amendments would then be sent to the states for ratification.

For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states. This can be done through the state legislatures or ratifying conventions, with Congress deciding the mode of ratification. This process, where states directly propose amendments and bypass Congress, is known as a constitutional convention and has never been used to amend the Constitution.

The role of Congress in the amendment process is significant. Usually, Congress proposes amendments, and these proposals require a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. Once an amendment is proposed by Congress or a constitutional convention, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this stage, adding legislative history notes, publishing the joint resolution, and assembling information packages for the states.

The process of amending the Constitution, as outlined in Article V, has been the subject of debate and interpretation. While it provides a framework for change, it also ensures that a small minority can prevent an amendment from being added. The difficulty of amending the Constitution has led to discussions on alternative methods of amendment and the evolution of constitutional institutions.

The exclusivity of Article V procedures

Article V of the US Constitution outlines the procedures for amending the Constitution. It does not, however, explicitly state whether those procedures apply to Article V itself. The Article also does not describe the ratification process in detail.

Article V lays out two methods for amending the Constitution. The first method involves Congress proposing an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the state legislatures. In both cases, the amendment must then be ratified by three-quarters of the states, either through their legislatures or ratifying conventions.

There is debate among scholars regarding the exclusivity of Article V procedures for amending the Constitution. Some argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. Additionally, it is pointed out that judicial decisions and constitutional institutions have introduced changes that are independent of the Article V process.

On the other hand, legal scholars generally agree that the amending process of Article V can itself be amended by the procedures laid out in Article V. However, there is disagreement over whether Article V is the exclusive means of amending the Constitution. Some scholars argue that the procedures can be used to amend themselves, while others propose that the guarantee of equal suffrage in the Senate can be amended through the procedures outlined in Article V.

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