Omar Bennett
The United States Constitution was designed to be a durable document that would endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. Amending the Constitution is a challenging process that requires a significant impact on all Americans or the protection of citizens' rights. The authority to make amendments is derived from Article V of the Constitution, with the Archivist of the United States overseeing the ratification process. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50). This process has only been completed 27 times since the Constitution was drafted in 1787, indicating the high bar set for any changes to this foundational document.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | Made by Congress |
| Amendment administration | Responsibility of the Archivist of the United States |
| Amendment ratification | Requires submission of authenticated ratification documents to the OFR |
| Number of amendments to the Constitution | 27 |
| Difficulty of amending the Constitution | High |
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What You'll Learn
The authority to amend
The process begins with Congress proposing an amendment. The Archivist and Director follow established procedures and customs previously performed by the Secretary of State and the Administrator of General Services. Once a proposed amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. The Office of the Federal Register (OFR) verifies the receipt of the required number of authenticated ratification documents. The OFR examines these documents for facial legal sufficiency and authenticating signatures.
Upon verification, the OFR 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 certification ceremony has become a ceremonial function attended by dignitaries, sometimes including the President.
In summary, amending the Constitution of the United States is a complex and deliberate process, requiring the collaboration of multiple government entities and officials. The authority to amend rests with Congress, which proposes amendments, and the Archivist of the United States, who administers the ratification process, with the support of the Director of the Federal Register. The process ensures that any changes made to the Constitution are thoroughly reviewed and agreed upon by a significant majority of States.
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The amendment proposal
The United States Constitution was designed to be a durable document that would "endure for ages to come". As a result, the process of amending it is deliberately difficult. The authority to amend the Constitution comes from Article V of the Constitution. The process begins with Congress proposing an amendment, after which the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process as outlined in 1 U.S.C. 106b.
The Archivist and the Director of the Federal Register follow the procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA took over in 1985. The amendment proposal is then formally submitted to the State legislatures by the Governors, or a convention is called, depending on Congress's specifications. In some cases, State legislatures have acted on a proposed amendment without waiting for an official notice.
Once a State ratifies a proposed amendment, it sends an original or certified copy of the action to the Archivist. The OFR examines these documents for legal sufficiency and authenticity. If the documents are in order, the Director acknowledges receipt and maintains custody. This process continues until the required number of authenticated ratification documents is reached. At this point, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The 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 signing of the certification has become a ceremonial event witnessed by various dignitaries, including the President on several occasions. As of 1992, the 27th Amendment was the most recent addition to the Constitution, with the Archivist performing the duties of the certifying official for the first time.
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State ratification
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall observed in the early 1800s. The framers of the Constitution made the process of amending it difficult to ensure its longevity. Since its drafting in 1787, there have only been 27 amendments, illustrating the challenge of amending this enduring document.
The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves state ratification, which requires the approval of three-fourths of the states (38 out of 50). Governors play a crucial role in this process by formally submitting the amendment to their state legislatures or calling for a convention, as specified by Congress.
State legislatures have sometimes taken action on a proposed amendment before receiving official notice. When a state ratifies, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and authenticating signatures.
If the documents are in order, the Director acknowledges receipt and maintains custody. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted 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 is complete. The signing of this certification has become a ceremonial event witnessed by dignitaries, including the President on some occasions.
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The Archivist's role
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when an amendment to the Constitution is proposed by Congress. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The Director 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.
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 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. In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, who may include the President.
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The amendment process
The United States Constitution was designed to be a durable document that would "endure for ages to come". Amending it is therefore a challenging process. The authority to make changes comes from Article V of the Constitution.
The process begins with Congress proposing an amendment. The Archivist of the United States, who is responsible for administering the ratification process, delegates many of the duties to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. Once the Director is satisfied, they acknowledge receipt and maintain custody of the documents.
The next step is for the OFR to verify that it has received the required number of authenticated ratification documents. If so, 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 that the amendment process is complete.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). In the past, some State legislatures have not waited for official notice before taking action on a proposed amendment. The Constitution has been amended only 27 times since it was drafted in 1787, so the process is clearly a challenging one.
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Frequently asked questions
The authority to amend the US Constitution is derived from Article V of the Constitution.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. Once the OFR verifies that the required number of authenticated ratification documents has been received, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and the amendment becomes part of the Constitution.
The US Constitution has been amended 27 times since it was drafted in 1787.
The framers of the Constitution made it a difficult task to amend the document to ensure its longevity. Only ideas that have a major impact on all Americans or secure the rights of citizens are considered for amendments.
Some proposed amendments that were not successful include those seeking congressional term limits and a balanced budget amendment.
