Isabella Carter
The President of the United States does not have a formal role in the process of adopting a new constitutional amendment. The Congress proposes an amendment in the form of a joint resolution, and the resolution does not go to the White House for signature or approval. Instead, it is forwarded directly to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, and an amendment becomes part of the Constitution when it is ratified by three-fourths of the states. While the President does not have a formal role, they may play an informal, ministerial role in transmitting Congress's proposed amendments to the states for ratification, as was done by President George Washington with the first twelve proposed amendments.
| Characteristics | Values |
|---|---|
| President's role in the amendment process | No formal constitutional role |
| Who proposes amendments? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| What happens after Congress proposes an amendment? | The Archivist of the United States administers the ratification process |
| What is the role of the Archivist of the United States? | To certify that the amendment is valid and has become part of the Constitution |
| When does an amendment become part of the Constitution? | When ratified by three-fourths of the States (38 out of 50) |
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What You'll Learn
- The US Constitution does not outline a role for the President in amending it
- The President has played a ministerial role in transmitting Congress's proposed amendments
- The President does not have a constitutional role in the amendment process
- The Supreme Court has stated that the President has no role in the proposition or adoption of amendments
- The Archivist of the US is responsible for administering the ratification process
The US Constitution does not outline a role for the President in amending it
The process of amending the Constitution begins with Congress, which proposes amendments whenever two-thirds of both Houses deem it necessary. Congress can also call a Convention for proposing Amendments on the application of two-thirds of the State legislatures. In either case, the proposed amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
While the President does not have a formal 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 became the Bill of Rights, to the states for ratification after Congress approved them.
The Supreme Court has also articulated that the President has no formal constitutional role in the amendment process. 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.
Therefore, while the President may play an informal role in transmitting proposed amendments to the states, the US Constitution does not outline a formal role for the President in the amendment process. The authority to propose and ratify amendments rests with Congress and the States.
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The President has played a ministerial role in transmitting Congress's proposed amendments
The President of the United States does not have a formal constitutional role in the process of amending the Constitution. The Constitution itself does not establish a role for the President in the amendment process. The Supreme Court has also articulated the Judicial Branch's understanding that the President has no formal role in the process. In the 1798 case 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. Later, in the 1920 case Hawke v. Smith, the Supreme Court characterised the Court's decision in Hollingsworth as having "settled" that "submission of a constitutional amendment did not require the action of the President".
However, there have been instances where the President has played 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 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 for the proposal or ratification of the amendment. Similarly, President Jimmy Carter signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
Under modern federal law, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director of the Federal Register plays a key role in the amendment process, including examining ratification documents for facial legal sufficiency and an authenticating signature, and maintaining custody of these documents until an amendment is adopted or fails.
While the President does not have a formal role in amending the Constitution, they may participate in ceremonial functions related to the amendment process. For example, the President may be present during the signing of the certification of an amendment's validity, which has become a ceremonial function attended by various dignitaries.
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The President does not have a constitutional role in the amendment process
The process of amending the Constitution is initiated by Congress, which proposes amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is proposed, it is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the States, which includes formal copies of the joint resolution. The OFR also examines ratification documents for legal sufficiency and authenticating signatures. Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution.
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 became the Bill of Rights, to the states for ratification after Congress approved them. However, this role is not formally recognised in the Constitution, and the Supreme Court has articulated that the President has no formal constitutional role in the amendment process.
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The Supreme Court has stated that the President has no role in the proposition or adoption of amendments
The Supreme Court has made clear that the President has no formal role in the process of amending the Constitution. This was articulated in the 1798 case of Hollingsworth v. Virginia, where Justice Samuel Chase stated that the President has no involvement in the "proposition or adoption of amendments to the Constitution".
This position has been reaffirmed by the Court and constitutional scholars, who note that the Constitution does not establish a role for the President in the amendment process. The process is initiated by Congress, which proposes amendments with a two-thirds majority vote in both houses. These proposals are then sent directly to the National Archives and Records Administration (NARA) for processing and publication, bypassing the President.
While there have been instances of Presidents playing an informal, ministerial role in transmitting Congress's proposed amendments to the states for ratification, this is not a constitutional requirement. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification after Congressional approval. However, this was an informal role, and the amendments would have proceeded without his involvement.
The role of certifying a state's ratification of an amendment falls to the Archivist of the United States, who heads the NARA, and not to the President. The Archivist has delegated many of the associated duties to the Director of the Federal Register, who examines ratification documents and maintains custody of them until an amendment is adopted or fails.
Therefore, while there have been instances of Presidents playing an informal role in the amendment process, the Supreme Court has been clear that this is not a constitutional requirement, and the President does not have a formal role in proposing or adopting amendments.
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The Archivist of the US is responsible for administering the ratification process
The US President does not have a constitutional role in the amendment process. The President has no formal constitutional role in the process of proposing or adopting amendments to the Constitution.
The Archivist of the United States is responsible for administering the ratification process. The Archivist, who heads the National Archives and Records Administration (NARA), is charged with this responsibility under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director of the Federal Register 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 "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
When 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 ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
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. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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Frequently asked questions
No, the president has no formal constitutional role in the process of adopting a new constitutional amendment.
The Congress proposes amendments to the Constitution, which are then ratified by the states. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
While the president has no formal role, some presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments to the states for ratification after they were approved by Congress.
