Unanimous Vote To Amend The Constitution?

The process of amending the US Constitution is outlined in Article V, which states that amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states. This process has been followed for all 27 amendments, with the exception of the 21st Amendment, which was ratified by state convention. While there is some debate over the exclusivity of Article V's procedures, it has never been amended, and any changes to the amendment process would likely require a unanimous vote.

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The process to amend the US Constitution

The United States Constitution was written to endure for ages to come, and the framers made amending the document a difficult task. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed either 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 process of proposing an amendment by Congress is as follows: First, two-thirds of both Houses of Congress must deem it necessary to propose an amendment. Then, Congress proposes an amendment in the form of a joint resolution. Since 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. Instead, the original document 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 also 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 proposal.

The Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified. 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 good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). 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 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. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.

It is important to note that none of the 27 amendments to the Constitution have been proposed by constitutional convention. Instead, all amendments have been proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.

Article V of the Constitution

Article V of the United States Constitution outlines the procedure for amending the Constitution. It provides two methods for proposing amendments: the first requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second involves a constitutional convention called for by two-thirds of the state legislatures. Notably, none of the 27 amendments to the Constitution have been proposed by constitutional convention.

Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can be achieved through the legislatures of three-fourths of the states or by conventions in three-fourths of the states, with the mode of ratification determined by Congress. The vote of each state in this process carries equal weight, regardless of population size or length of time in the Union.

The process of amending the Constitution, as outlined in Article V, has been followed for proposing 33 constitutional amendments. However, not all proposals gain approval, and at least 11,000 proposals have failed to secure the required two-thirds majority in each house for submission to the states for ratification.

While Article V establishes the procedures for amending the Constitution, it does not explicitly state whether those procedures apply to amending itself. There have been proposals to amend the Constitution's amending procedures, and it is generally accepted that constitutional amending provisions can be used to amend themselves. Nonetheless, Article V has never been amended.

The role of the Archivist of the United States

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution may be amended either by 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 state legislatures. Notably, none of the 27 amendments to the Constitution have been proposed by constitutional convention. 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 Archivist of the United States plays a crucial role in the amendment process. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA). They are responsible for supervising and directing NARA, which preserves the records of the US government and makes them accessible to the public. The Archivist is appointed by the President and confirmed by the Senate.

In the context of constitutional amendments, the Archivist is responsible for administering the ratification process. Once an amendment is ratified by three-fourths of the states, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and the U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The Archivist also maintains custody of state ratifications of amendments and other important documents, such as Electoral College documents and original statutes of the United States.

The current Archivist of the United States is Dr. Colleen Shogan, who assumed office in May 2023. She is the 11th Archivist and the first woman to hold the position permanently. Shogan has prioritized addressing the backlog of veterans' records and promoting civic literacy through increased access to public records.

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Ratification by three-fourths of the States

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments may be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention requested by two-thirds of the State legislatures.

Once an amendment has been proposed, it must be ratified by three-fourths of the States (38 out of 50 States) to become part of the Constitution. This can be done either through the state legislatures or state ratifying conventions, as determined by Congress. The vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of the state's population or length of time in the Union.

The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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 signing of the certification has become a ceremonial function attended by various dignitaries, sometimes including the President.

The President's role in the amendment process

The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. However, there have been instances of presidents playing an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery. Additionally, President Jimmy Carter 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 recent history, the signing of the certification of an amendment has become a ceremonial function attended by various 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.

The 25th Amendment, which was passed by Congress in 1965 and ratified in 1967, outlines the procedures for removing a President from office or filling a vacancy in the office of the Vice President. It also addresses situations where the President is unable to discharge their powers and duties temporarily, allowing the Vice President to become Acting President.

While the President does not have a formal role in proposing or ratifying amendments, they can participate in ceremonial functions related to the amendment process and may witness the certification of amendments once they have been ratified by the required number of states.

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