Who Handles Constitutional Amendments?

The President of the United States does not have a formal role in the constitutional amendment process. The US Constitution does not establish a role for the President in amending the Constitution, and the Supreme Court has affirmed that it is not necessary to place constitutional amendments before the President for approval or veto. While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification, their signatures are not required for the amendments to be valid. 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 involves Congress proposing amendments and the Archivist of the United States administering the ratification process.

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The US Constitution does not outline a role for the President in amending it

While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification, their involvement is not constitutionally mandated. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification after Congress approved them. However, this action was not a requirement for the amendments to be valid.

The responsibility for 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's certification is final and conclusive, and their signature is the only one required on the certification document. In recent history, the signing ceremony has become a ceremonial event attended by various dignitaries, including the President, who signs as a witness.

Although the President may participate in ceremonial functions related to the amendment process, their signature is not necessary for the validity of an amendment. This was demonstrated when President Jimmy Carter signed a joint resolution extending the deadline for the Equal Rights Amendment, despite being advised that his signature was unnecessary. The Supreme Court upheld this view, indicating that the President cannot veto a proposed amendment.

In summary, while the President may have an informal or ceremonial role in transmitting proposed amendments or witnessing their ratification, the US Constitution does not outline a formal role for the President in the amendment process. The authority to propose and ratify amendments rests primarily with Congress and the state legislatures or conventions.

The President can play a ministerial role in transmitting Congress's proposed amendments to the states

The US Constitution does not establish a role for the President in amending it. The President does not introduce, ratify or veto a constitutional amendment. The Constitution provides that an amendment may 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.

However, 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 the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for the proposal or ratification of the amendment. In 1861, President James Buchanan signed the Corwin Amendment, a last-ditch effort to prevent the American Civil War. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. President Jimmy Carter also signed a joint resolution purporting to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Under modern federal law, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.

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

The process to alter the Constitution consists of proposing an amendment and subsequent ratification. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called by Congress at the request of two-thirds of the state legislatures.

The President has no constitutional role in the amendment process, and the joint resolution proposing an amendment does not go to the White House for signature or approval. The Supreme Court has affirmed that it is not necessary to place constitutional amendments before the President for approval or veto. In the 1920 case of Hawke v. Smith, the Supreme Court characterized its earlier decision in Hollingsworth v. Virginia (1798) as having settled that the submission of a constitutional amendment did not require the action of the President.

While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification, this is not a constitutional requirement. The Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment, and this certification 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 sometimes the President. However, their signature is not required for the amendment to be valid.

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The President cannot veto a proposed amendment

The President of the United States cannot veto a proposed amendment to the Constitution. The Constitution does not establish a role for the President in amending the Constitution. The President has no official function in the process of amending the Constitution. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution.

The process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures.

The joint resolution proposing an amendment does not require presidential approval before it goes out to the states. 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 Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment.

While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification, this is not a constitutional requirement. 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. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. However, this does not imply that the President has the power to veto a proposed amendment.

The President's signature on a joint resolution proposing an amendment is unnecessary

The President's signature is not required on a joint resolution proposing an amendment to the US Constitution. The Constitution does not establish a role for the President in amending the Constitution. Instead, the authority to amend the Constitution is derived from Article V of the Constitution, which outlines a process for proposing and ratifying amendments that does not involve the President.

Article V provides 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. In either case, the amendment becomes valid and part of the Constitution when ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress.

While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification, this is not a constitutional requirement. 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. However, in modern times, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment, under the National Archives and Records Administration Act of 1984.

The Supreme Court has also affirmed that it is not necessary to place constitutional amendments before the President for approval or veto. In the 1920 case of Hawke v. Smith, the Court upheld the Ohio General Assembly's ratification of the Eighteenth Amendment, which had been sent to the state legislatures for ratification, even though Ohio voters had vetoed that approval through a popular referendum. Additionally, in Hollingsworth v. Virginia (1798), the Court held that the Eleventh Amendment had been "constitutionally adopted" without the involvement of the President.

In summary, while some Presidents have played a ceremonial or ministerial role in the amendment process, their signature on a joint resolution proposing an amendment is not constitutionally required, and the President has no formal constitutional role in amending the Constitution.

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