Federal Powers: Ratifying Constitutional Amendments

The United States Constitution is designed to be a resilient and adaptable document that can be modified to meet the changing needs of the American people. The process of amending the Constitution is outlined in Article V, which specifies that amendments 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. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The ratification process is a critical phase in the amendment process, ensuring that amendments reflect a broad consensus and empowering states to have a voice in shaping national laws. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process, including authenticating the validity of state ratification documents. So, while federal responsibilities include initiating the amendment process and proposing amendments, the role of ratifying amendments falls primarily to the states, with the Archivist facilitating and certifying the process.

Explore related products

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

$103.1 $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 People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

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

$326 $326

The role of the Archivist of the United States

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role of the Archivist involves supervising and directing the National Archives, as well as overseeing the administration of the ratification process for amendments to the Constitution. The Archivist is responsible for receiving the original versions of all statutes of the United States once enacted and maintaining custody of state ratifications of amendments. This includes issuing a certificate proclaiming a particular amendment duly ratified and part of the Constitution when three-quarters of the states approve.

The Archivist also has duties concerning the custody of Electoral College documents in United States presidential elections. Additionally, they are responsible for receiving joint resolutions and acts of Congress signed into law by the president, or laws that come into effect due to a presidential veto being overridden. The National Archives, under the direction of the Archivist, assigns a public law number to new Acts of Congress and provides for their publication.

Archivists work with a range of materials, including paper documents, photographs, maps, films, and computer records. They are specially trained in preserving original materials and helping people obtain them. The Archivist of the United States is appointed by the President and has a team of specialists, technicians, conservators, and records managers who assist in carrying out the various functions of the National Archives.

State legislatures and their function

The state legislature is the legislative branch in each of the 50 US states. State legislatures are like miniature versions of Congress, but no two are exactly alike. They perform state duties for a state in a similar way to how the US Congress performs national duties at the national level. The same system of checks and balances that exists at the federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary.

State legislators are elected by their constituents and are influenced by the need for re-election. They are also influenced by money and lobbying, as they do not receive much media attention compared to national politicians. State legislatures meet annually at the National Conference of The Council of State Governments (CSG), as well as at the annual meetings of CSG's regions.

Legislative sessions usually start in January or February. The months preceding the legislative session are used to collect ideas for bills. Bills are supported (and often written) by outside groups who work with legislators to help get the bills passed. Bills go through three readings to pass through a chamber. A bill is usually read by its title only, constituting the first reading, so it is important that the title gives members notice of the subject matter contained in the bill. A bill cannot become enacted until it has been read on a certain number of days in each house. When a bill passes with most votes from the minority party, this is known as the majority being "rolled".

Once a bill passes, it becomes an act and remains the law of the state unless repealed by legislative action or overturned by a court decision. Governors who do not approve of the bill may veto it. The bill is then returned to the house in which it originated with a message of objections and amendments. If a simple majority of the members of both houses agrees to the proposed executive amendments, it is returned to the governor for signature. A qualified majority (two-thirds) of the members of each house can choose to approve a vetoed bill as it was originally passed, in which case it becomes a law over the governor's veto. If the governor fails to return a bill to the legislative house within a specified number of days, it becomes a law without their signature.

The ratification process

Once an amendment is proposed, it is sent to the states for ratification. This is a critical phase in the process, as it ensures that a diverse range of opinions across the nation are considered and empowers the states in the amendment process. To be ratified, an amendment must be approved by three-fourths of the state legislatures, or by conventions in three-fourths of the states, as specified by Congress. This means that out of 50 states, 38 must approve for an amendment to be ratified.

When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who 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, who examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.

Once the required number of authenticated ratification documents is received by the Director, 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 serves as official notice to Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial function, sometimes attended by various dignitaries, including the President.

Explore related products

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$16.7 $26.99

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

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

The role of Congress

The United States Constitution is designed to be a resilient and adaptable document that can be modified to meet the changing needs of the country. The process of amending it is complex and time-consuming, and it begins with Congress.

Congress proposes amendments to the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. This phase requires bipartisan support and highlights the necessity of consensus across party lines. Once an amendment is approved by Congress, it is sent to the states for ratification.

Congress also chooses the method of ratification. An amendment becomes valid and part of the Constitution when it is ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. This process empowers states and ensures that local voices play a role in shaping national laws. It also helps to maintain a democratic process and promotes representative governance.

The role of the President

The President of the United States does not have a constitutional role in the amendment process. The President's signature or approval is not required for a joint resolution to amend the Constitution. The original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.

The President may, however, be involved in the ceremonial function of signing the certification of an amendment's ratification. This ceremony is attended by various dignitaries and signifies the completion of the amendment process.

While the President does not have a direct role in ratifying amendments, they can influence and support specific amendment proposals. For example, President Clinton endorsed the idea of a crime victims' rights amendment.

The process of amending the Constitution is complex and challenging, involving collaboration between federal and state levels of government. A proposed amendment must gain a two-thirds majority in both the House of Representatives and the Senate before being dispatched to the states for ratification. State legislatures then ratify the amendment, with a requirement for approval by three-fourths of the states. This state ratification process ensures that amendments reflect a broad consensus and empowers local voices in shaping national laws.

In summary, while the President does not have a constitutional role in ratifying amendments, they may participate in ceremonial functions related to the amendment process and can influence specific amendment proposals. The amendment process is a collaborative effort, ensuring that amendments to the Constitution reflect a wide range of perspectives and interests across the nation.

Frequently asked questions