Eleanor Finch
The process of amending the US Constitution is a difficult and time-consuming endeavour. Since the Constitution was drafted in 1787, it has only been amended 27 times, including the first 10 amendments, which were adopted as the Bill of Rights. Amendments 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 the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The process is overseen by the Archivist of the United States and the Director of the Federal Register, who ensure the amendment's validity and facilitate its adoption.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Ratification by three-fourths of the state legislatures |
| Amendment ratification alternative | Ratification by three-fourths of state conventions |
| Amendment validity | Certified by the Archivist of the United States |
| Number of Amendments to the Constitution | 27 |
| Difficulty of Amendment Process | High |
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What You'll Learn
- Amendments must be proposed by two-thirds of Congress or by two-thirds of State legislatures
- The President does not have a role in the amendment process
- Amendments are ratified by three-fourths of the States
- The Archivist of the US administers the ratification process
- The Archivist's certification of ratification is final and conclusive
Amendments must be proposed by two-thirds of Congress or by two-thirds of State legislatures
The United States Constitution was crafted with the intention of enduring for ages, and as such, the process of amending it is deliberately challenging and time-consuming. Since its drafting in 1787, there have only been 27 amendments, illustrating the difficulty of implementing changes.
Amendments to the Constitution can be proposed by Congress or by the state legislatures. When it comes to proposing amendments, Congress must secure a two-thirds majority vote in both the House of Representatives and the Senate. This high threshold ensures that any proposed amendment has significant bipartisan support and is not merely a partisan endeavour. It also reflects the seriousness and weight of altering the foundational document of the nation.
On the other hand, if two-thirds of state legislatures come together, they can initiate the process of amending the Constitution. This avenue for proposing amendments empowers the states and ensures that any changes to the Constitution are reflective of the sentiments and needs of a substantial majority of the country. It is worth noting that while this mechanism exists, none of the 27 amendments to date have been proposed through a constitutional convention called for by the states.
Once an amendment is proposed by either Congress or the states, it must then be ratified. Ratification occurs when three-fourths of the states (38 out of 50) approve of the proposed amendment. This step further emphasises the importance of state-level consensus in the amendment process. The role of the Archivist of the United States is also crucial, as they are responsible for administering the ratification process and ensuring its legality and finality.
In conclusion, the requirement for a two-thirds majority in Congress or among state legislatures to propose amendments serves as a safeguard against hasty or partisan changes to the Constitution. It ensures that any amendments reflect the interests and values of a substantial portion of the country and protects the integrity of the document that forms the basis of the nation's laws and governance.
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The President does not have a role in the amendment process
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 "red-line" copies of the joint resolution and copies in slip law format. This package ensures that the states have the necessary information to review and consider the proposed amendment.
Once a proposed amendment is ratified by three-quarters of the states (38 out of 50), it becomes part of the Constitution. The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed.
While the President does not have a constitutional role in proposing or approving amendments, they may be involved in ceremonial functions. In recent history, the signing of the certification has become an occasion attended by various dignitaries, and the President may be present at such events. However, this is not a constitutional requirement or a substantive role in the amendment process.
The amendment process for the United States Constitution is deliberately designed to be challenging. Chief Justice John Marshall wrote that the Constitution was written "to endure for ages to come." As a result, amending the document is a difficult and time-consuming task. Since its drafting in 1787, the Constitution has been amended only 27 times, indicating the high bar for implementing changes to the nation's foundational document.
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Amendments are ratified by three-fourths of the States
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted four years later as the Bill of Rights. The framers of the Constitution made it challenging to amend the document to ensure its longevity.
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, a constitutional convention can be called for by two-thirds of the State legislatures. However, in practice, all amendments have been proposed by Congress, and none by a constitutional convention. 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 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. When a State ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the State action. The Archivist, who heads the NARA, is responsible for administering the ratification process.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States, which currently equates to 38 out of 50 States. Once the OFR receives the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed.
In summary, while Congress initiates the amendment process, it is the States that ultimately hold the power to ratify and adopt amendments to the Constitution. The requirement for ratification by three-fourths of the States ensures that any changes to the Constitution reflect the consensus of a supermajority of the country. This safeguard maintains the integrity and stability of the Constitution while allowing for necessary amendments to be made when supported by a broad consensus.
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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 is appointed by the president with the advice and consent of the Senate and is responsible for safeguarding and making available for study all valuable federal government records. This includes the original Declaration of Independence, Constitution, and Bill of Rights. The Archivist also maintains custody of state ratifications of amendments to the Constitution.
Once Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. 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 resolution in slip law format.
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. 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 in order, the Director acknowledges receipt and maintains custody of them.
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 and serves as official notice to Congress and the nation that the amendment process has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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The Archivist's certification of ratification is final and conclusive
The process of amending the United States Constitution is a complex and challenging endeavour, as the framers intended when it was first drafted in 1787. The Constitution has been amended only 27 times since then, indicating the rarity of successful amendments. The authority to propose and ratify amendments is derived from Article V of the Constitution. Notably, the President does not have a constitutional role in this process.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures to propose amendments. However, in practice, all amendments to date have been proposed by Congress. Once an amendment is proposed, it is forwarded 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 examines ratification documents for facial legal sufficiency and authenticating signatures. When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action. The OFR retains these documents until an amendment is adopted or fails. A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50).
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. While the Archivist does not make substantive determinations on the validity of state ratification actions, they play a vital role in certifying the facial legal sufficiency of ratification documents. This certification is final and conclusive, officially declaring that the amendment process has been completed. The signing of this certification has become a ceremonial event, sometimes attended by dignitaries, including the President.
In conclusion, the Archivist's certification of ratification is a critical and conclusive step in the process of amending the United States Constitution. It serves as the official confirmation that an amendment has been validly adopted and has become an integral part of the nation's supreme law. The Archivist's role in this process underscores the importance of procedural compliance and legal sufficiency in amending the Constitution.
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Frequently asked questions
Amendments to the US Constitution 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.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication.
The President does not have a constitutional role in the amendment process. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states, or by ratifying conventions in three-quarters of the states. This means 38 out of 50 states need to ratify the amendment.
The Constitution does not specify any deadlines for ratification. However, most amendments proposed since 1917 have included a deadline, either in the body of the amendment or in the joint resolution transmitting it to the states.
