Presidential Power: Proposing Constitutional Amendments

The process of amending the US Constitution is a difficult and time-consuming task. The Constitution does not outline a specific role for the President in this process. While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification, their signatures are not necessary for the proposal or ratification of amendments. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution, which will then be ratified by the Legislatures of three-fourths of the several States.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$102.5 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

American Constitutional Law: Introductory Essays and Selected Cases

$140

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

While the President has no formal role in this process, there have been instances where 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, including the ten proposals that 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 required.

The Supreme Court has also articulated the view that the President does not have a formal role in the amendment process. In the 1920 case Hawke v. Smith, the Court characterized an earlier decision as having settled that the submission of a constitutional amendment did not require the President's action. This was further evidenced by President Jimmy Carter signing a joint resolution to extend the deadline for the Equal Rights Amendment, despite being advised that his signature was unnecessary.

Therefore, while the President may occasionally play an informal role in transmitting or supporting proposed amendments, the US Constitution does not outline a formal role for the President in the process of amending it. The power to propose and ratify amendments rests with Congress and the states.

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

The US Constitution does not outline a role for the President in amending the Constitution. 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 they were approved by Congress. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, despite his signature not being necessary for the proposal or ratification of the amendment.

In the 1920 case of Hawke v. Smith, the Supreme Court held that the submission of a constitutional amendment did not require the President's action. This was reiterated in the earlier 1798 case of Hollingsworth v. Virginia, where the Court held that the President "has nothing to do with the proposition". Despite this, President Jimmy Carter signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, even though he was advised that his signature was unnecessary.

The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by two-thirds of both Houses of Congress and then ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states.

The President cannot veto a proposed amendment

The President of the United States cannot veto a proposed amendment. The Constitution does not establish a role for the President in amending the Constitution. While the President can play a role in transmitting Congress's proposed amendments to the states for ratification, their signature is not required for the proposal or ratification of an amendment.

In the 1920 case of Hawke v. Smith, the Supreme Court characterised its earlier decision in Hollingsworth v. Virginia as having settled that the submission of a constitutional amendment did not require the action of the President. In Hollingsworth, the Court held that the Eleventh Amendment had been "constitutionally adopted", indicating that the President's signature is not necessary for an amendment to be valid. This was further supported by the Supreme Court reporter's recording of Justice Samuel Chase's statement during oral argument that the President "has nothing to do with the proposition".

Despite the absence of a formal role, some Presidents have played a ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. Similarly, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

The process of amending the Constitution is deliberately made difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress before being ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states. This ensures that any amendment has a significant impact on the nation and secures the rights of citizens.

Explore related products

The Liberty Amendments: Restoring the American Republic

$15.72 $26.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

A Companion to the United States Constitution and Its Amendments

$34.65 $45

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

$21.34 $22.95

Presidents have signed joint resolutions proposing amendments

The US Constitution does not establish a role for the President in amending the Constitution. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery. President Jimmy Carter also signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

In another instance, 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. This was a crucial step in the process of amending the Constitution, and it set a precedent for future Presidents to follow.

The role of the President in proposing constitutional amendments has been a topic of debate and discussion throughout US history. While the Constitution does not explicitly grant the President the power to propose amendments, there have been instances where Presidents have taken on a supportive or ceremonial role in the amendment process.

It is important to note that the process of amending the Constitution is deliberately challenging. The framers of the Constitution intended for it to endure and made sure that amending the document would be a difficult task. As a result, while Presidents have signed joint resolutions proposing amendments, their signatures were often not necessary for the proposal or ratification of the amendments.

The amendment process is difficult and time-consuming

The process of amending the US Constitution is notoriously difficult and time-consuming. This is by design: the framers of the Constitution intended it to “endure for ages to come”.

Any member of Congress can propose an amendment, but it must then go through a series of committees and be approved by two-thirds of both the House and the Senate. The amendment must then be ratified by three-quarters of the state legislatures, or by three-quarters of special state conventions. This process can take many years, and there is a risk that the amendment will not be ratified at all. For example, the District of Columbia Voting Rights Amendment was approved by Congress in 1978 but only ratified by 16 states before its expiration date seven years later.

The President does not have a formal role in the amendment process, although some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification. The Supreme Court has ruled that the President cannot veto a proposed amendment and that their signature is not necessary for its proposal or ratification.

Despite the challenges, there have been numerous proposals to amend the Constitution in recent years. These include granting the president line-item veto powers, lowering the voting age to 16, and limiting presidential pardon powers.

Frequently asked questions