Amendments: The Living Constitution And Our Power To Change It

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amending the Constitution is not an easy task and has only been amended 27 times since it was drafted in 1787. The process begins with a proposal for an amendment, which can be made 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. Once a proposal is made, it must be ratified by three-fourths of the States (38 out of 50 States) to become an official part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).

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The authority to amend is derived from Article V of the Constitution

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution.

The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method for proposing amendments that has been used thus far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.

Once an amendment is proposed, it is submitted to the States for their consideration. It becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows established procedures and customs.

While Article V sets forth procedures for amending the Constitution, some scholars argue that it does not provide the exclusive means to do so. They contend that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. However, since the Founding, Congress has used Article V's procedures to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states and becoming part of the Constitution.

Amendments are proposed by Congress with a two-thirds majority vote

The process of amending the Constitution of the United States 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. This process has been used to propose thirty-three constitutional amendments since the founding of the United States.

For an amendment to be proposed by Congress, a two-thirds majority of both Houses must deem it necessary. This means that a supermajority of both the House of Representatives and the Senate must agree to propose the amendment. This can be done through a joint resolution, which does not require the signature or approval of the President.

Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA), specifically the 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. They also assemble an information package for the states, which includes formal copies of the joint resolution.

After an amendment is proposed and processed, it must be ratified to become part of the Constitution. Ratification can occur through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The mode of ratification may be proposed by Congress.

It is important to note that the President does not have a constitutional role in the amendment process. However, in recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.

Amendments become valid when ratified by three-fourths of State legislatures

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes the procedures for proposing and ratifying amendments. Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a constitutional convention called for by two-thirds of the state legislatures.

Once an amendment is proposed, it must be ratified to become valid. This is where the statement "Amendments become valid when ratified by three-fourths of State legislatures" comes into play. This statement refers to the requirement for an amendment to be ratified by the legislatures of three-fourths of the states, also known as the state legislature method or the legislative method.

The specific number required for ratification is 38 out of 50 states, which is equivalent to three-fourths. When an amendment is ratified by this number of state legislatures, it becomes valid and is considered part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works with the Director of the Federal Register to follow established procedures and customs during the ratification process.

It is important to note that Congress has the authority to choose the mode of ratification for each amendment. While most amendments are ratified by state legislatures, Congress may require ratification by ratifying conventions in three-fourths of the states. This alternative method, known as the convention method, has been used only once in American history for the Twenty-First Amendment.

The process of amending the Constitution is a complex and important procedure. It involves multiple steps, including proposal, ratification, and certification. The statement "Amendments become valid when ratified by three-fourths of State legislatures" highlights the crucial role of state legislatures in the ratification process, which ultimately determines the validity and adoption of amendments to the Constitution of the United States.

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The Archivist of the US administers the ratification process

The Archivist of the United States is responsible for administering the ratification process of amendments to the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), assumes this responsibility under the provisions of 1 U.S.C. 106b.

The process begins when Congress proposes an amendment in the form of a joint resolution. The original document is then sent to NARA's 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. An information package is also assembled for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.

The Archivist 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 prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.

Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.

When three-fourths of the States (38 out of 50) have ratified a proposed amendment, it becomes part of the Constitution. The OFR 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.

The Archivist's role is to ensure that changes to the Constitution are carried out in accordance with the law. They do not make any substantive determinations regarding the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent times, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.

The President does not have a 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, copies of the joint resolution in slip law format, and the statutory proposal. 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 and serves as official notice to Congress and the Nation 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. 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.

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 instance, 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.

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