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The US Constitution is a flexible document that has been amended several times since its adoption in 1791. The process of amending the Constitution is outlined in Article V, which provides for amendments to be proposed by Congress with a two-thirds majority vote in both houses or by a constitutional convention called for by two-thirds of the state legislatures. Since the Bill of Rights was adopted, Congress has passed 23 additional amendments, with the states ratifying 17 of them. The process of amending the Constitution involves the Archivist of the United States, who administers the ratification process, and the Director of the Federal Register, who examines ratification documents and maintains custody of them until an amendment is adopted or fails. A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50). The US Constitution has evolved over time to accommodate changing needs and circumstances, with the women's suffrage movement leading to the 19th Amendment, which granted voting rights to all American women.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment | Congress |
| Who administers the ratification process | Archivist of the United States |
| Who examines ratification documents | Office of the Federal Register |
| Number of states required to ratify an amendment | 38 of 50 |
| Who certifies the validity of an amendment | Archivist |
| Who signs the certification | President |
| Who witnessed the certification of the 26th Amendment | President Nixon and three young scholars |
| Who performs the duties of the certifying official | Director of the Federal Register |
| Who proposes an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Who proposes an amendment | Constitutional convention called for by two-thirds of the State legislatures |
| Who promulgates acts of Congress | President |
| Acts of Congress designated as | Public laws or private laws |
| Who declared acts of Congress unconstitutional | John Marshall, the nation's fourth chief justice |
| Number of amendments passed by Congress since the Bill of Rights was adopted in 1791 | 23 |
| Number of amendments ratified by the states since the Bill of Rights was adopted in 1791 | 17 |
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What You'll Learn
The process of adding new acts to the US Constitution
The US Constitution is a flexible document designed to adapt to the changing needs of the country. The process of amending it is outlined in Article V of the Constitution.
Amendments to the Constitution can 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. Congress proposes an amendment in the form of a joint resolution, which does not require the signature or approval of the President.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (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, who then formally submits the amendment to their state's legislature.
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 Office of the Federal Register (OFR) examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). 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.
Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, and the states have ratified 17 of them. Notable examples include the 19th Amendment, which granted voting rights to all American women, and the 27th Amendment, which was the first amendment for which the Archivist performed the duties of the certifying official.
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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 role of the Archivist involves overseeing the administration of the preservation of government records, including documents like the original Declaration of Independence, the Constitution, and the Bill of Rights. The Archivist ensures that these records are made available to the public.
The Archivist also plays a crucial role in the constitutional amendment process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. This includes receiving original or certified copies of state actions ratifying the proposed amendment and conveying them to the Director of the Federal Register. The Archivist then issues a certificate proclaiming that the amendment has been duly ratified and has become part of the Constitution when the required number of authenticated ratification documents is received. This certification is a ceremonial function often attended by dignitaries, including the President.
In addition, the Archivist has duties related to the custody of Electoral College documents during United States presidential elections, such as certificates of ascertainment and certificates of vote produced by the electors of each state. These administrative responsibilities are often delegated to the Director of the Federal Register.
Overall, the role of the Archivist of the United States is essential for maintaining and preserving government records, facilitating the constitutional amendment process, and supporting democratic processes, such as presidential elections. The Archivist ensures that important documents are accessible to the public and that any changes to the Constitution are properly ratified and certified.
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Congress's power to propose amendments
The United States Constitution was crafted to endure for ages, and the process of amending it is intentionally difficult. The Constitution has been amended only 27 times since 1787, and none of these amendments have been proposed by a constitutional convention.
Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. 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 but is forwarded directly to the National Archives and Records Administration (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 OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
The Archivist of the United States, who heads 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. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). 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.
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Ratification by three-fourths of the States
The process of adding new acts to the US Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for 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) to become part of the Constitution. This can be done through state legislatures or state ratifying conventions, with Congress deciding on the mode of ratification. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), and the Director of the Federal Register.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails. Once an amendment has been ratified by three-fourths of the states, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The Archivist's role in the ratification process is primarily ministerial, and they do not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive. In recent history, the signing of the certification has become a ceremonial event attended by dignitaries, sometimes including the President.
The process of amending the Constitution is a rigorous and deliberate one, ensuring that any changes made to the foundational document of the United States are carefully considered and widely supported by the states. The ratification by three-fourths of the states is a crucial step in this process, reflecting the consensus of a supermajority of states necessary for an amendment to become part of the Constitution.
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Judicial interpretation and ensuring compliance with the Constitution
The US Constitution outlines the country's judicial system and vests the federal courts with the power to interpret and apply the law to specific cases. This includes the authority to punish, sentence, and direct future action to resolve conflicts. The Supreme Court, which holds discretionary jurisdiction, plays a crucial role in interpreting the laws and actions of the other two branches of government, ensuring compliance with the Constitution. This power of judicial review allows the Supreme Court to declare acts of Congress unconstitutional if they violate the Constitution. While such a declaration does not remove the act from the statutes, it prevents its enforcement.
The Supreme Court's role in ensuring compliance with the Constitution has evolved over time. In the landmark case of Marbury v. Madison (1803), the nation's fourth chief justice, John Marshall, established the Court's power to declare acts of Congress unconstitutional. Marshall asserted that it was the "duty of the Judicial Department to say what the law is." Since then, the Court has actively interpreted the laws and actions of the other branches of government, ensuring they abide by the Constitution.
The Supreme Court's decisions have had a significant impact on the balance of power between the federal government and individual state governments. For example, in McCulloch v. Maryland (1823), the Court affirmed the federal government's right to take "necessary and proper" actions to meet the nation's urgent needs, solidifying federalism as the law of the land. The Court's interpretation of the Constitution and existing laws has also played a crucial role in shaping the political and legal system of the country.
While the Supreme Court has the authority to interpret the Constitution and ensure compliance, it approaches Constitutional issues of state law with caution. The Court decides such issues on a case-by-case basis and only by strict Constitutional necessity, independent of state legislators' motives or policy outcomes. This discretionary approach allows the Court to focus on ensuring compliance with the Constitution while respecting the independence of state governments.
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Frequently asked questions
New acts are added to the US Constitution through the process of amendment. An amendment 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
Yes, through the process of judicial review, an act of Congress that violates the Constitution may be declared unconstitutional by the courts.
An act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (private laws) or to the general public (public laws).
Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, and the states have ratified 17 of them. One notable change is the 19th Amendment, ratified in 1920, which gave voting rights to all American women for the first time.
The President does not have a constitutional role in the amendment process.
