Omar Bennett
The process of amending the United States Constitution is a difficult and time-consuming endeavour. It requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. State legislatures play a crucial role in this process, generating over 80% of constitutional amendments considered and approved annually. The process is overseen by the Archivist of the United States, who administers the ratification process, and the Director of the Federal Register, who examines ratification documents for legal sufficiency. Amendments become part of the Constitution once ratified by three-fourths of the states. This process ensures that any changes to the Constitution are thoroughly considered and have a significant impact on the nation and its citizens.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | 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 |
| Who passes an amendment? | Three-fourths of the state legislatures or three-fourths of state ratifying conventions, as determined by Congress |
| Who administers the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Who verifies the ratification documents? | The OFR (Office of the Federal Register) |
| Who certifies that the amendment is valid? | The Archivist of the United States |
| Who decides the mode of ratification? | Congress |
| Who can propose amendments in state constitutions? | Legislatures, citizens, conventions, and commissions |
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What You'll Learn
The role of Congress in proposing amendments
The United States Constitution was crafted to endure the test of time, and as such, the process of amending it is intentionally difficult and time-consuming. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The role of Congress in this process is significant, as they are responsible for initiating and facilitating the amendment process.
Firstly, Congress has the power to propose amendments whenever two-thirds of both the House of Representatives and the Senate deem it necessary. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President. This means that Congress can initiate the process of amending the Constitution independently, without the involvement of the President.
To date, Congress has proposed thirty-three constitutional amendments using this method, all of which were then sent to the states for potential ratification. This highlights the crucial role of Congress in not only proposing amendments but also in advancing them to the next stage of the process. However, it is important to note that not all proposed amendments are successful, and at least 11,000 proposals introduced in Congress have failed to receive the required two-thirds majority in each house for submission to the states.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a vital role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the states, providing them with the necessary information to consider the proposed amendment.
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State legislatures' role in proposing amendments
The United States Constitution was crafted to endure for ages, and amending it was intentionally made to be a challenging process. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the state legislatures for ratification.
State legislatures play a crucial role in proposing amendments to the Constitution. While Congress initiates most amendment proposals, state legislatures have the power to trigger the amendment process by calling for a constitutional convention. This involves two-thirds of state legislatures petitioning Congress to convene a convention for proposing amendments. This convention method has yet to be used for proposing amendments, but it serves as a check on federal power and ensures states have a direct role in the amendment process.
Once an amendment is proposed, either by Congress or through a constitutional convention, it is submitted to the states for ratification. Each state's governor formally submits the proposed amendment to their state legislature. State legislatures then have the power to ratify or reject the amendment. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the state legislatures, or three-fourths of the states must hold ratifying conventions, as specified by Congress.
The role of state legislatures in proposing amendments ensures that any changes to the Constitution reflect the will of the people in the states and protects against hasty or unilateral amendments. This process also empowers states to have a direct say in shaping the nation's governing document. While it has not been used for proposing amendments, the option for state legislatures to call for a constitutional convention provides an important mechanism for states to initiate the amendment process if they believe it is necessary.
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Ratification by state legislatures
The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows established procedures and customs, and has delegated many duties to the Director of the Federal Register.
Once an amendment is proposed by Congress, it is forwarded to NARA's 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. An information package is then assembled for the States, which includes formal copies of the joint resolution and the statutory procedure for ratification.
The proposed amendment is then submitted to the States for their consideration. The Governors formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. In some cases, State legislatures have taken action on a proposed amendment before receiving official notice. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who conveys it to the Director of the Federal Register.
The OFR examines ratification documents for legal sufficiency and authenticity. If the documents are in order, the Director acknowledges receipt and maintains custody. The OFR retains these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50 States). Once the OFR verifies the required number of authenticated ratification documents, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice to Congress and the Nation that the amendment process is complete.
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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 archivist is responsible for the supervision and direction of the National Archives, which include overseeing the work of archivists, archives technicians, conservators, and records managers. The role also includes administrative responsibilities concerning the custody of important documents, such as state ratifications of amendments to the Constitution, Electoral College documents, and original versions of all statutes of the United States.
The Archivist of the United States plays a crucial role in the constitutional amendment process. After Congress proposes an amendment, the archivist is responsible for administering the ratification process. This involves receiving original or certified copies of state actions on the proposed amendment and delegating many of the ministerial duties to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and an authenticating signature. Once the required number of authenticated ratification documents is verified, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register, serving as official notice to Congress and the nation that the amendment process is complete.
In addition to their role in the amendment process, the Archivist of the United States also has duties related to United States presidential elections. This includes the custody of Electoral College documents, such as certificates of ascertainment declaring the names of presidential electors and certificates of vote produced by the electors. These administrative responsibilities are typically delegated to the Director of the Federal Register.
The Archivist of the United States is appointed by the President and confirmed by the Senate. The position is currently held by Dr. Colleen Shogan, who assumed office in May 2023, becoming the first woman to permanently hold this position. Shogan previously served as the senior vice president of the White House Historical Association and has held various roles at the Library of Congress, the U.S. Senate, and in academia.
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The role of the Director of the Federal Register
The Director of the Federal Register plays a crucial role in the constitutional amendment process and the broader functioning of the US government. The Director is responsible for the publication of the official text of federal laws, presidential documents, and regulations. This includes acts of Congress, which are published in slip law format and then cumulated for publication in the United States Statutes at Large.
One of the key responsibilities of the Director is to maintain custody of and verify the authenticity of ratification documents received from State legislatures. When a proposed amendment is ratified by three-fourths of the States, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register and the U.S. Statutes at Large, serving as official notice to Congress and the nation.
Additionally, the Director of the Federal Register serves as the Secretary of the Administrative Committee of the Federal Register (ACFR). The ACFR is a permanent executive/legislative branch authority established in 1935 under the Federal Register Act. It oversees the functions of the Federal Register publication system and has rule-making authority over publication prices, formats, and distribution. The Director, through delegation from the ACFR, has the legal authority to implement and enforce ACFR regulations. This delegation allows the Director and their staff to exercise day-to-day responsibility for Federal Register operations and publication policy.
The Director of the Federal Register is appointed by the National Archives and Records Administration (NARA). The current Director, Oliver Potts, was appointed in August 2015. He holds a BA in Government and Politics and a JD from the University of Connecticut School of Law.
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Frequently asked questions
The US Constitution can be amended in two ways. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the state legislatures. The second method involves a constitutional convention called for by two-thirds of the state legislatures, followed by ratification by three-fourths of the states.
Congress plays a crucial role in the amendment process. It can propose amendments with a two-thirds majority vote in both houses, and it also determines the mode of ratification by the states. Congress can choose between ratification by state legislatures or ratification by conventions in three-fourths of the states.
While it has never been used, Article V of the Constitution provides a way for states to bypass Congress. It states that on the application of two-thirds of state legislatures, Congress shall call a convention for proposing amendments. This convention can propose amendments without Congress's approval, and these amendments would then be sent to the states for ratification.
The Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents and maintains custody of them until an amendment is adopted or fails. Once an amendment is ratified, the Archivist certifies its validity, and this certification is published as official notice.
The US Constitution has been amended only 27 times since it was drafted in 1787. The first twelve amendments, including the Bill of Rights, were added by 1804. There were significant amendments after the Civil War, such as the Thirteenth, Fourteenth, and Fifteenth Amendments. Despite various proposals, amending the Constitution is challenging and time-consuming.
