How Congress Can Propose Constitutional Amendments

The process of amending the US Constitution is outlined in Article V of the Constitution, which states that Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, with three-quarters of the states needing to approve it for it to become an amendment. The process is designed to be challenging, with the aim of ensuring the Constitution's longevity. While there have been numerous proposals to amend the Constitution, only 27 amendments have been successfully added, and no amendments have been made to Article V itself.

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The process of amending the Constitution

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the Constitution a difficult task. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.

The Constitution provides that an amendment may be proposed either 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. Congress proposes an amendment in the form of a joint resolution, which 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, as well as assembling an information package for the States.

The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration, and when a State ratifies it, it sends the Archivist an original or certified copy of the State action. Once the OFR has verified that it has received the required number of authenticated ratification documents (three-fourths of the States, or 38 out of 50), 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 that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. However, it is important to note that 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.

The role of Congress in proposing amendments

The United States Constitution was crafted to endure, and as such, the process of amending it is deliberately challenging. The authority to amend the Constitution is derived from Article V of the Constitution. Congress plays a pivotal role in proposing amendments, and there are two methods by which this can be achieved. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done through a joint resolution, bypassing the President, as they have no constitutional role in the amendment process.

The second method involves Congress calling for a constitutional convention at the request of two-thirds of the state legislatures. However, this method has never been used for any of the 27 amendments to the Constitution. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States then administers the ratification process.

The Archivist sends a letter of notification along with informational material to each state governor, who then submits the amendment to their state legislature. The states can then choose to ratify the amendment or call for a convention, depending on Congress's specifications. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the state legislatures or ratifying conventions in three-fourths of the states. This process has only been used once in American history, for the 1933 ratification of the Twenty-First Amendment.

The process of proposing and ratifying amendments is challenging and time-consuming, with numerous steps and requirements. Congress plays a crucial role in initiating the amendment process, but the final decision lies with the states, who have the power to accept or reject proposed amendments.

Ratification by state legislatures or conventions

Article V of the United States Constitution outlines the process of amending the Constitution. It establishes two methods for proposing amendments:

• By Congress: The Congress, whenever two-thirds of both Houses deem it necessary, shall propose amendments to the Constitution.
• By State Legislatures: On the application of the legislatures of two-thirds of the States, Congress shall call a Convention for proposing amendments.

Once an amendment has been proposed, it is sent to the states for their consideration. The method of ratification (i.e., by state legislatures or conventions) is determined by Congress. The first method of ratification requires three-fourths of the state legislatures (38 out of 50 states) to ratify the amendment. Alternatively, Congress may specify that three-fourths of state ratifying conventions must approve the proposed amendment. This second method of ratification has only been specified once in US history, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

The process of amending the Constitution is deliberately designed to be difficult and time-consuming. This is evident from the fact that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. The last successful amendment to the Constitution was the Twenty-Seventh Amendment, which took over 200 years to be ratified by the required number of states.

In conclusion, while Congress plays a crucial role in proposing and specifying the ratification process for amendments, it is the state legislatures or conventions that ultimately hold the power to ratify and adopt amendments to the United States Constitution.

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The President's role in the amendment process

The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. However, there are instances where presidents have played an informal, ministerial role in the amendment process.

In the 1798 case of Hollingsworth v. Virginia, the Supreme Court recorded Justice Samuel Chase's statement that the President has nothing to do with the proposition or adoption of amendments to the Constitution. Later, in the 1920 Hawke v. Smith case, the Supreme Court reiterated that the submission of a constitutional amendment did not require the action of the President.

Despite this, there have been instances where presidents have played an informal role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. Similarly, 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.

In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. 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.

Additionally, some presidents have played a 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.

The difficulty of amending the Constitution

Amending the US Constitution is a challenging and lengthy process. The Constitution was designed "to endure for ages to come", as Chief Justice John Marshall wrote in the early 19th century. To ensure its longevity, the framers intentionally made it difficult to amend. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the procedures for doing so. However, it does not specify whether those procedures can be used to amend Article V itself.

The first step in the amendment process is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. Once an amendment is proposed, it is submitted to the states for ratification. The amendment must then be ratified by either three-quarters of state legislatures or three-quarters of state ratifying conventions, depending on what Congress specifies. The vote of each state carries equal weight, regardless of its population or time in the Union.

The process of amending the Constitution is so difficult that, to date, a Constitutional Convention has never occurred, and many proposed amendments have failed to be ratified. For example, supporters of congressional term limits and a balanced budget amendment were unsuccessful in their attempts to secure new amendments. Additionally, the ERA Amendment failed to pass the necessary majority of state legislatures in the 1980s.

There is also debate among legal scholars regarding the limitations of Article V. While it outlines the procedures for amending the Constitution, there is disagreement over whether it is the exclusive means of doing so. Additionally, there are certain subjects within Article V that are considered unamendable, such as the guarantee of equal suffrage in the Senate. However, there is disagreement among scholars as to whether this shielding clause can be amended.

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