Presidential Power: Can They Change The Constitution?

The President of the United States does not have a constitutional role in the amendment process, and therefore cannot decide on a constitutional amendment. The Constitution outlines that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention requested by two-thirds of state legislatures. Once an amendment is ratified, the Archivist of the United States certifies its validity, and the President may be present as a witness during the signing of the certification. While some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification, this is a ceremonial function.

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The US Constitution does not outline a role for the President in amending it

While the President does not have a formal role in amending the Constitution, there have been instances where 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 later became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, 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.

In recent history, the signing of the certification of an amendment has become a ceremonial function that may include the presence of the President. For instance, President Nixon witnessed the certification of the 26th Amendment. However, it is important to note that the Archivist of the United States, who heads NARA, is responsible for administering the ratification process and has delegated many of the associated ministerial duties to the Director of the Federal Register.

While the President cannot amend the Constitution unilaterally, they can propose and support amendments. The process of amending the Constitution is a collaborative effort involving Congress, state legislatures, and, in some cases, the President's ceremonial participation.

Some Presidents have played a ministerial role in transmitting Congress's proposed amendments to states

The Constitution of the United States does not establish a role for the President in amending the Constitution. The authority to amend the Constitution is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to 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. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not necessary for the proposal or ratification of the amendment. President Jimmy Carter also signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

In addition to these examples, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. These actions by the Presidents can be considered ministerial roles in facilitating the amendment process, even though the Supreme Court has articulated that the President has no formal constitutional role in amending the Constitution.

The President cannot veto a proposed amendment

The President does not have a constitutional role in the amendment process and therefore cannot veto a proposed amendment. The Constitution outlines that an amendment may 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. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication, bypassing the President.

While the President may play a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification, this is not a constitutional requirement. 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.

In the 1920 Hawke v. Smith case, the Supreme Court ruled that the submission of a constitutional amendment did not require the action of the President. This was further evidenced when President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

The authority to amend the Constitution is derived from Article V of the Constitution, which does not establish a role for the President. Instead, after Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process, with the final certification being signed by the Archivist or the Director of the Federal Register. In recent history, the signing of the certification has become a ceremonial function that may include the President as a witness, as seen with President Nixon's presence during the certification of the 26th Amendment. However, this is not a constitutional mandate and does not grant the President any veto power over the proposed amendment.

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The Archivist of the US certifies a state's ratification of a constitutional amendment

The US Constitution does not establish a role for the President in amending the Constitution. The President cannot veto a proposed amendment. The role of the President in proposing an amendment is a ministerial one, transmitting Congress's proposed amendments to the states for ratification.

The Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. This role was transferred from the Secretary of State and then the Administrator of General Services. The Archivist, who heads the National Archives and Records Administration (NARA), is charged with administering the ratification process. The Archivist publishes the amendment's text along with a certificate listing the states that have ratified it. The Archivist does not make any substantive determinations about the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist then issues a certificate proclaiming the amendment duly ratified and part of the Constitution. This certificate is published in the Federal Register and US Statutes at Large, serving as official notice to Congress and the nation that the ratification process is complete.

In recent history, the signing of the certification has become a ceremonial function attended by 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. On May 18, 1992, the Archivist, Don W. Wilson, certified the ratification of the 27th Amendment, with the Director of the Federal Register, Martha Girard, signing as a witness.

The President may sign certifications for amendments as a witness

The Constitution of the United States does not outline a specific role for the President in the process of amending the Constitution. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

However, 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 later became the Bill of Rights, to the states for ratification after Congress approved them.

In a few instances, the President has signed certifications for amendments as a witness. President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment along with three young scholars. This signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President.

It is important to note that the authority to amend the Constitution is derived from Article V of the Constitution. While the President may sign certifications for amendments as a witness, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment under the National Archives and Records Administration Act of 1984. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.

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