Jonah Patel
The legislative branch, or Congress, of the United States government has the authority to propose amendments to the Constitution. This power is derived from Article V of the Constitution. For an amendment to be proposed, two-thirds of both the House of Representatives and the Senate must vote in favour. Once an amendment is proposed, it is sent to the National Archives and Records Administration (NARA) for processing and publication. The amendment then needs to be ratified by three-fourths of the States to become part of the Constitution. It's important to note that the President does not have a role in the amendment process, and any changes to the Constitution are solely within the power of Congress and the States.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal method | By a constitutional convention called for by two-thirds of state legislatures |
| Amendment proposal format | Joint resolution |
| Amendment proposal recipient | National Archives and Records Administration (NARA) |
| Amendment ratification method | Three-fourths of the state legislatures or three-fourths of state ratifying conventions, as specified by Congress |
| Amendment certification | Formal proclamation by the Archivist of the United States |
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What You'll Learn
Two-thirds majority in Congress
The legislative branch, or Congress, can approve amendments to the US Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution, which does not require the President's signature or approval.
The process of amending the Constitution is outlined in Article V of the Constitution. The two-thirds majority vote in each house is a vote of two-thirds of the members present, assuming a quorum is met. This means that at least a majority of each house must be present for the vote to take place.
Once the two-thirds majority in Congress is achieved, the original document is forwarded 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. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
The proposed amendment then needs to be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or by conventions, as specified by Congress. When the required number of authenticated ratification documents is received by the OFR, they draft a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
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A convention called by two-thirds of state legislatures
The legislative branch can propose amendments to the US Constitution, but the process is not solely within its purview. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. However, an alternative method exists, which is for two-thirds of state legislatures to call for a constitutional convention to propose amendments.
To call a convention, two-thirds of state legislatures must make an application to Congress. This triggers Congress's duty to call a convention for proposing amendments. The convention would then serve as a forum for discussing and formulating potential amendments, which would require ratification by three-fourths of the states to become part of the Constitution.
The process of ratification can occur through the state legislatures or state ratifying conventions, depending on what Congress specifies. Once an amendment is ratified by three-fourths of the states, it becomes valid and is officially added to the Constitution. This process is overseen by the Archivist of the United States, who administers the ratification process and certifies the validity of the amendment.
In summary, while the legislative branch can propose amendments through a two-thirds majority vote, an alternative method exists where two-thirds of state legislatures can initiate the process by calling for a constitutional convention. This method empowers states to propose amendments directly, bypassing the initial congressional proposal stage.
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Ratification by three-fourths of state legislatures
The legislative branch can approve amendments to the Constitution, but it is a complex process that involves several steps and requirements. One method of amending the Constitution is through ratification by three-fourths of the state legislatures, as outlined in Article V of the Constitution. This process involves multiple steps to ensure a fair and orderly amendment process.
Firstly, it is important to note that the legislative branch, or Congress, initiates the amendment process by proposing an amendment. This proposal requires a two-thirds majority vote in both the House of Representatives and the Senate. It's worth mentioning that, historically, all 27 amendments to the Constitution have been proposed by Congress and none by a constitutional convention.
Once an amendment is proposed, it is submitted to the states for ratification. In this method, three-fourths of the state legislatures, or 38 out of 50 states, must ratify the amendment for it to become part of the Constitution. This process can be complex as some states may take action on a proposed amendment before receiving official notice, and there may be varying levels of support across the states.
The ratification process involves the governors of each state formally submitting the amendment to their state legislatures. States then examine the proposed amendment and decide whether to ratify it. If a state ratifies the amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who is responsible for administering the ratification process.
The Archivist of the United States plays a crucial role in this process. They ensure the proper administration of the ratification process and have delegated many ministerial duties to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity of signatures. Once an amendment is ratified by three-fourths of the states, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The certification of the amendment is a significant step in the process. It serves as official notice to Congress and the nation that the amendment process has been completed. The signing of this certification has often become a ceremonial function attended by dignitaries, including the President on some occasions.
In summary, the legislative branch can initiate the process of amending the Constitution, but the ratification by three-fourths of the state legislatures is a crucial step in ensuring that any changes to the Constitution reflect the will of the people across the country. This complex process helps maintain the integrity and longevity of the Constitution as the foundation of the United States government.
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Ratification by three-fourths of state conventions
The legislative branch, or Congress, can propose amendments to the Constitution. This is done with a two-thirds majority vote in both the House of Representatives and the Senate. However, the President does not have a constitutional role in this process. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process.
The process of ratification by three-fourths of state conventions is outlined in Article V of the Constitution. This method has only been specified once in history, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition. In this instance, many politicians believed that only state ratifying conventions should ratify constitutional amendments that implicated individual rights and morals.
The process begins with Congress proposing an amendment in the form of a joint resolution. This is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification.
The proposed amendment is then submitted to the States for their consideration. The Governors formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. Once a State ratifies the proposed amendment, it sends an original or certified copy of the State action to the Archivist, who conveys it to the Director of the Federal Register. The OFR examines these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
Finally, when the OFR verifies that it has received the required number of authenticated ratification documents (in this case, 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, serving as official notice to Congress and the Nation that the amendment process is complete.
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The President has no role in the process
The legislative branch, or Congress, plays a crucial role in the process of amending the United States Constitution. According to Article V of the Constitution, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far, with none of the 27 amendments proposed by constitutional convention.
Once Congress proposes an amendment, 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 adds legislative history notes and publishes the joint resolution in slip law format, along with an information package for the States.
The States then take action, with the amendment becoming part of the Constitution once it is ratified by three-fourths of the States (38 out of 50). At this point, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity, which is published in the Federal Register and U.S. Statutes at Large. This serves as official notice that the amendment process is complete.
While the President may be present at the signing of the certification as a ceremonial function, the President does not have a constitutional role in the amendment process. The joint resolution does not require the President's signature or approval, and it is not presented to the President. This is in contrast to regular bills, which do require presidential approval to become law. Therefore, the President has no direct influence or involvement in the process of amending the Constitution, which is solely within the domain of Congress and the States.
In conclusion, the legislative branch, through Congress, initiates and drives the process of amending the Constitution. The President, however, is deliberately excluded from this process by design, ensuring that amendments are proposed and ratified independently of the executive branch. This separation of powers underscores the importance of a balanced and democratic process for making fundamental changes to the nation's governing document.
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Frequently asked questions
Yes, the legislative branch can approve amendments to the constitution. Congress proposes an amendment in the form of a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate.
The proposed amendment is forwarded directly 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.
The OFR 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 pro. The Governors then formally submit the amendment to their State legislatures or call for a convention.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). 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.
No, the President does not have a constitutional role in the amendment process. The joint resolution does not go to the White House for signature or approval.
