Executive Power: Can They Approve Constitutional Amendments?

The process of amending the US Constitution is a difficult and time-consuming task. It has been amended only 27 times since it was drafted in 1787, with over 10,000 measures to amend the Constitution proposed in Congress. Amendments can 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 state legislatures. Notably, the President does not have a constitutional role in the amendment process, and their approval is not required. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process is outlined in Article V of the Constitution, which sets forth the procedures for altering this foundational document.

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The President has no constitutional role in the amendment process

Once Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format.

The proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The OFR verifies that it has received the required number of authenticated ratification documents, then 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. However, their presence at this ceremony is not a constitutional requirement, and the President has no official function in the process.

Congress proposes amendments in the form of a joint resolution

The United States Constitution has been amended only 27 times since it was drafted in 1787, and the process of amending it is deliberately difficult. The authority to amend the Constitution is derived from Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes amendments in the form of a joint resolution.

The joint resolution does not go to the White House for signature or approval because the President does not have a constitutional role in the amendment process. The original document 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 to the joint resolution and publishes it in slip law format.

The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. 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.

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.

Amendments must be passed by two-thirds of both houses of Congress

The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, also known as Congress. This process highlights the critical role of Congress in the amendment process, specifically in proposing and passing potential amendments.

The significance of the two-thirds majority vote in both houses of Congress goes beyond the mere passage of an amendment. It serves as a safeguard against hasty or partisan changes to the Constitution. By requiring a supermajority, the framers of the Constitution ensured that amendments would have widespread support and carefully considered before being proposed. This barrier protects the longevity and stability of the Constitution, ensuring that any changes made are thoughtful and broadly accepted.

Once an amendment is passed by two-thirds of both houses of Congress, it enters the ratification process. Ratification can occur through two methods, as determined by Congress. The first method involves ratification by the legislatures of three-fourths of the states (38 out of 50 states). Alternatively, Congress may require ratification by three-fourths of state ratifying conventions. This step further emphasises the role of the states in the amendment process, giving them the power to approve or reject proposed amendments.

While the executive branch, including the President, does not have a formal role in approving constitutional amendments, their involvement can be ceremonial. For example, President Johnson and President Nixon witnessed the certification of amendments. Additionally, the President's endorsement of an amendment idea, such as President Clinton's support for a crime victims' rights amendment, can influence public perception and gather support. However, the actual approval process does not require their signature or veto, as confirmed by the Supreme Court in Hollingsworth v. Virginia (1798).

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Amendments are ratified by the legislatures of three-fourths of the states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a challenging and time-consuming process. After an amendment is proposed, it must be ratified by the legislatures of three-fourths of the states to become part of the Constitution. This means that out of the 50 states, 38 states must approve the amendment for it to be ratified.

The authority to amend the Constitution is derived from Article V, which provides two methods for proposing and ratifying amendments. The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is through a constitutional convention called for by two-thirds of the state legislatures. However, in the history of the United States, all amendments have been proposed by Congress, and no constitutional convention has been convened for proposing amendments.

Once an amendment is proposed by Congress, 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. It also assembles an information package for the states, which includes formal copies of the resolution.

The role of the executive branch, including the President, in the amendment process is ceremonial and non-constitutional. The President does not have a constitutional role in approving or vetoing amendments. The joint resolution proposing an amendment does not require the President's signature or approval. However, in recent history, Presidents have witnessed the certification of amendments, adding a ceremonial aspect to the process.

The process of amending the Constitution is deliberately challenging, as Chief Justice John Marshall noted in the early 1800s that the Constitution was written "to endure for ages to come." As a result, the framers made it difficult to amend, ensuring that any changes have a significant impact on all Americans or secure citizens' rights. The amendment process involves multiple steps and requires approval from a substantial number of states, demonstrating the careful consideration and widespread support necessary for altering the nation's foundational document.

The Archivist of the United States administers the ratification process

The process of amending the Constitution of the United States is a complex and lengthy procedure. The authority to amend the Constitution is derived from Article V of the Constitution. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Instead, the responsibility for administering the ratification process falls to the Archivist of the United States, who heads the National Archives and Records Administration (NARA).

The Archivist's role is to ensure that the constitutional amendment process is upheld with integrity and that any changes to the Constitution are carried out in accordance with the law. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and authenticating signatures. The Director maintains custody of these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.

Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register.

The Archivist does not make substantive determinations regarding the validity of State ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive. When the OFR verifies that it has received the required number of authenticated ratification documents (approval by three-fourths of the States, or 38 out of 50 States), 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 is complete.

In summary, the Archivist of the United States plays a crucial role in administering the ratification process of constitutional amendments. They ensure the integrity of the process, delegate duties to the Director of the Federal Register, facilitate communication between Congress and the States, and provide final certification of the validity of amendments.

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