Omar Bennett
The process of amending the US Constitution is outlined in Article V of the Constitution, which provides two methods for doing so. The first method involves a proposal by Congress, where a two-thirds majority in both houses is required to propose a constitutional amendment. Once an amendment is approved by Congress, it is sent directly to the states for ratification without requiring the president's approval or signature. This process bypasses the governor, as the authority to amend the Constitution rests with Congress and the states. The states individually decide on the ratification process, which may include a referendum or a vote in the state legislature. The power of governors in this process is generally limited to submitting the proposed amendment to their state legislature or calling for a convention, and they do not have a veto over the amendment itself. However, governors may have a role in certain state-specific processes, such as redistricting. The final step is certification by the Archivist of the United States, who proclaims the amendment duly ratified and part of the Constitution.
| 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 formally submits the amendment to the state legislature? | The Governor |
| Who approves a convention referendum? | Legislators |
| Who decides which mode of ratification is used? | Congress |
| What is the minimum number of states required for ratification? | 38 of 50 states |
| Do amendments require the governor's signature? | No |
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What You'll Learn
- Governors can veto redistricting amendments
- State legislatures can refer constitutional amendments to the ballot without the governor's signature
- The US Constitution can be amended without the President's approval
- Amendments become part of the Constitution once 38 out of 50 states ratify them
- State constitutions can be amended via a legislative process or a state constitutional convention
Governors can veto redistricting amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist. The amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
While the role of governors in the redistricting process varies from state to state, governors can generally veto redistricting amendments. The majority of states allow governors to veto district maps drawn by their state legislatures. The governors of Arkansas and Ohio have significant influence in the redistricting process as they are directly involved in the committees that redraw state legislative districts. Governors in other states, such as Alaska, Missouri, Utah, Vermont, and Virginia, have a more indirect role by appointing members to advisory redistricting committees. However, in some states like California, New Jersey, and North Carolina, governors have no veto power, and independent or political appointee commissions handle redistricting.
The specific powers of governors in the redistricting process can vary. Some governors, like those in Arkansas and Ohio, have direct influence by serving on redistricting committees. Others, like those in Alaska, Missouri, Utah, and Vermont, appoint members to advisory committees. In most states, governors have the authority to veto district maps, but this power can be overridden by the state legislature. The threshold for overriding a gubernatorial veto varies, ranging from a simple majority to a supermajority of two-thirds.
Despite the varying levels of involvement, governors play a crucial role in the redistricting process. Their power to veto redistricting amendments ensures a check on the state legislature's actions and helps maintain a balance of power between different political parties. However, the absence of a standardized process across states has led to potential challenges and concerns, particularly regarding partisan conflicts and the possibility of highly partisan map drawings.
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State legislatures can refer constitutional amendments to the ballot without the governor's signature
The process of amending the US Constitution is governed by Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist's role is primarily procedural, and they do not make substantive determinations regarding the validity of state ratification actions.
State legislatures play a crucial role in the constitutional amendment process. When an amendment is proposed, governors formally submit it to their state legislatures, who can then take action. Interestingly, some state legislatures have not waited for official notice before acting on proposed amendments. This showcases the level of autonomy and initiative that states possess in the amendment process.
While the governor plays a role in submitting the amendment to the state legislature, the legislature can refer constitutional amendments to the ballot without the governor's signature. This dynamic is evident in states like Alabama, Alaska, and Arizona. For instance, in Alabama, a 60% vote is required from both chambers of the state legislature to place an amendment on the ballot, and the governor's signature is not required. Similarly, in Alaska, a two-thirds vote in each legislative chamber is sufficient to refer an amendment to the ballot, bypassing the need for the governor's approval.
The variation in state requirements for referring amendments to the ballot underscores the importance of understanding the specific legislative processes in each state. Some states, like Arizona, require a simple majority vote during a legislative session to place an amendment on the ballot. Additionally, states like Arizona and Oklahoma set a higher bar for citizen-initiated amendments, requiring signatures equal to 15% of votes cast in the last gubernatorial election.
In summary, while governors play a role in submitting proposed amendments to state legislatures, the legislatures themselves have the power to refer constitutional amendments to the ballot without the governor's signature. This dynamic highlights the intricate balance of powers and the varying pathways for amending state constitutions.
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The US Constitution can be amended without the President's approval
The US Constitution is a flexible document that can be amended or changed. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. This article outlines two methods for amending the nation's frame of government. The first method authorises Congress to propose constitutional amendments whenever two-thirds of both houses deem it necessary. The second method is a constitutional convention called for by two-thirds of the State legislatures.
The earliest proposal for an amendment provision, contained in the Virginia Plan, stated that "the assent of the National Legislature ought not to be required" to amend the Constitution. This indicates that the Founding Fathers intended for the amendment process to be independent of the President's approval.
After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), 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. When the OFR receives 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 serves as official notice 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, this is merely a ceremonial role, and the President's signature is not required for an amendment to become valid.
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Amendments become part of the Constitution once 38 out of 50 states ratify them
The process of amending the US Constitution is outlined in Article V of the Constitution. While the President has no role in this process, the states play a crucial role in ratifying amendments. The process begins with Congress proposing an amendment, after which it is sent to the states for ratification.
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 formally notifies the states by sending a registered letter to each state's governor, who then submits the amendment to their state legislature or a ratifying convention.
The states then take action on the proposed amendment. A state may ratify a proposed amendment, or in some instances, officially record the rejection or rescission of a prior ratification. When a state ratifies an amendment, it sends the Archivist an original or certified copy of the state's action.
For an amendment to become part of the Constitution, it must be ratified by a sufficient number of states. Specifically, 38 out of 50 states, or three-fourths of the states, must ratify the amendment. This threshold ensures that amendments reflect the will of a significant majority of states.
The process of ratification varies across states, with some requiring a simple majority vote, while others mandate a supermajority vote or a specific number of signatures for an initiated amendment. Some states offer multiple paths for amending their constitutions, including legislative processes and state constitutional conventions.
Once the required number of state ratifications is received by the Archivist, a formal proclamation is drafted, certifying 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.
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State constitutions can be amended via a legislative process or a state constitutional convention
The process of amending state constitutions varies across different states in the US. While some state legislatures require amendments to secure the backing of a majority of legislators, others require supermajority legislative support. In some states, a simple majority vote is required during one legislative session for the state assembly to place a constitutional amendment on the ballot. In other states, a two-thirds (66.67%) vote is required during one legislative session for the state legislature to place a constitutional amendment on the ballot.
State constitutions can also be amended via a state constitutional convention. A constitutional convention can be held to "revise, amend, or change" the constitution if a certain percentage of a state's legislators agree to put a question about whether to have such a convention before the state's voters. In some states, this percentage is 60%, while in others, it is a simple majority. In some states, a referendum on calling a convention must then be submitted to and approved by a majority of voters. In other states, a supermajority legislative vote is needed to call a convention referendum.
In addition to the legislative process and state constitutional convention, some states also allow for citizen-initiated constitutional amendments. In these states, citizens can propose constitutional amendments by gathering a certain number of signatures, typically based on the number of votes cast for governor or a certain percentage of the state's registered voters. Once citizen-initiated amendments qualify for the ballot, they generally must be ratified by a simple majority of voters, although some states require a supermajority.
It is important to note that the process of amending state constitutions is complex and can vary from state to state. While the above-mentioned methods are the most common ways to amend state constitutions, there may be additional requirements or steps involved in each state's unique process.
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Frequently asked questions
The authority to amend the US Constitution comes from Article V of the Constitution. Congress proposes an amendment, which is then sent to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
While the scope of gubernatorial power varies from state to state, governors generally do not have a direct say in constitutional amendments. When an amendment is proposed, the Archivist of the United States notifies each state governor, who then submits the amendment to their state legislature or a ratifying convention. The governor's signature is not required for an amendment to be referred to the ballot.
The Archivist of the United States is responsible for administering the ratification process. They notify the states when an amendment is proposed and receive certified copies of state actions when a state ratifies an amendment. Once an amendment is ratified by the required number of states, the Archivist issues a certificate proclaiming it duly ratified and part of the Constitution.
Yes, states have their own processes for amending their constitutions. For example, Alabama and Alaska provide two mechanisms for amendment: a legislative process and a state constitutional convention. In both states, a simple majority vote is required for voters to approve constitutional amendments.
In United States v. Sprague (1931), the Supreme Court affirmed that Congress decides which mode of ratification will be used for each individual amendment. The Court upheld the Ohio General Assembly's ratification of the Eighteenth Amendment, which had been vetoed by Ohio voters through a popular referendum. This ruling established that an amendment becomes part of the Constitution when ratified by the necessary number of states, regardless of any subsequent actions or certifications.
