Presidential Power: Constitutional Amendments Explored

The President of the United States does not have a constitutional role in the amendment process. The authority to amend the Constitution is derived from Article V of the Constitution, which does not establish a role for the President. While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification, the Supreme Court has ruled that the submission of a constitutional amendment does not require the President's action. The process of amending the Constitution involves proposals by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by the legislatures of three-fourths of the states or by conventions in three-fourths of the states. The President's involvement in this process is not constitutionally mandated, and any participation is typically ceremonial or symbolic, such as witnessing the certification of an amendment.

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The President's signature is not required for a constitutional amendment

The Constitution of the United States does not outline a specific role for the President in the process of amending the Constitution. The Constitution states that 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. In both cases, the President's signature is not required for an amendment to be proposed.

Historically, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including what would become the Bill of Rights, to the states for ratification after Congress approved them. However, this role is not mandated by the Constitution and is not a necessary step in the amendment process.

The role of certifying a state's ratification of a constitutional amendment falls to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist may delegate some of the associated duties to the Director of the Federal Register. The certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. While the President may be present at the signing of the certification as a witness, their signature is not required for the certification to be valid.

In the 1920 case of Hawke v. Smith, the Supreme Court affirmed that the submission of a constitutional amendment does not require the action or signature of the President. This precedent suggests that the President cannot veto a proposed amendment and that their signature is not necessary for an amendment to become part of the Constitution.

The President cannot veto a proposed amendment

The President of the United States does not have the authority to veto a proposed amendment to the Constitution. The Constitution does not establish a role for the President in amending the Constitution. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the process for proposing and ratifying amendments.

The process for proposing an amendment begins with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose amendments. In either case, the President is not involved in the proposal process.

Once an amendment is proposed, 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 to the proposed amendment and publishes it, as well as assembling information packages for the states. The President is not involved in this process and the proposed amendment does not require the President's signature or approval.

After an amendment is proposed, it must be ratified. Ratification can occur through one of two methods: ratification by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as proposed by Congress. The Archivist of the United States is responsible for administering the ratification process and certifying that an amendment has been validly ratified. The Archivist's role is primarily ministerial, and they do not make substantive determinations regarding the validity of state ratification actions.

While the President may have a ceremonial role in witnessing the certification of a ratified amendment, as seen with President Johnson and President Nixon, this does not imply a veto power over the proposed amendment. In fact, in the 1920 case Hawke v. Smith, the Supreme Court affirmed that the submission of a constitutional amendment does not require the action of the President.

Therefore, the President cannot veto a proposed amendment to the Constitution. The amendment process is designed to be initiated and ratified without the involvement of the President, and the President's signature or approval is not required.

The President's role in an Article V convention of the states

The US Constitution does not outline a role for the President in amending the Constitution. However, some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them.

Article V of the US Constitution gives states the power to call a convention to propose and discuss amendments that impose fiscal restraints on the federal government, limit its power and jurisdiction, and limit the terms of office for its officials and members of Congress. An Article V convention can be called in two ways: Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, may propose amendments for states to ratify; or two-thirds of state legislatures (34 out of 50) can apply for an Article V convention, and Congress will then be responsible for calling it.

The role of the President in an Article V convention is not specified in Article V. However, in recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.

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The President's role in transmitting Congress's proposed amendments

The US Constitution does not establish a role for the President in amending it. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

However, there have been instances of Presidents playing an informal, ministerial role in the amendment process. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for proposal or ratification of the amendment.

In the 1920 case Hawke v. Smith, the Supreme Court characterized the Court’s decision in Hollingsworth as having “settled” that “submission of a constitutional amendment did not require the action of the President.” President Jimmy Carter signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment despite being advised that his signature was unnecessary. Therefore, the Court appears to have adopted the view that the President cannot veto a proposed amendment.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.

The President's participation in the certification of an amendment

The US Constitution does not outline a role for the President in amending the Constitution. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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 ministerial duties associated with this function to the Director of the Federal Register.

The Director of the Federal Register 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. Once 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.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.

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