Eleanor Finch
The process of amending the United States Constitution is a complex and challenging endeavour. Since its drafting in 1787, the Constitution has been amended only 27 times, including the first 10 amendments, known as the Bill of Rights. The authority to propose and enact amendments stems from Article V of the Constitution, which outlines the procedures for Congress and state legislatures to initiate and ratify changes. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention requested by two-thirds of the state legislatures. The proposed amendments are then submitted to the states for their consideration, requiring ratification by three-fourths of the state legislatures or conventions. The amendment process ensures that any changes to the Constitution are carefully considered and have a significant impact on the nation and the rights of its citizens.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal method | Constitutional convention called for by two-thirds of State legislatures |
| Amendment format | Joint resolution |
| Amendment submission | Proposed amendment submitted to States for their consideration |
| Submission format | Letter of notification sent to each Governor with informational material |
| State action | Submission to State legislatures or calling for a convention |
| Ratification | Ratification by three-fourths of State legislatures or conventions |
| Certification | Final and conclusive certification of facial legal sufficiency by the Archivist |
| Difficulty | Amending the Constitution is a difficult task |
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What You'll Learn
- Amendments must be proposed by Congress with a two-thirds majority in both houses
- State legislatures can also propose amendments by calling a constitutional convention
- The Archivist of the United States administers the ratification process
- State legislatures can reject amendments or rescind prior ratification
- The amendment process is difficult and time-consuming
Amendments must be proposed by Congress with a two-thirds majority in both houses
The process of amending the United States Constitution is a difficult and time-consuming task, as the framers intended it to be when it was first drafted in 1787. The Constitution has since been amended 27 times, including the first 10 amendments, which were adopted four years later as the Bill of Rights. Amendments must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process is outlined in Article V of the Constitution, which specifies that Congress has the authority to propose amendments.
Once an amendment is proposed by Congress, 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 plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also prepare an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
After the OFR completes its initial tasks, the Archivist of the United States, who heads NARA, assumes responsibility 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. At this stage, the governors formally submit the amendment to their state legislatures or call for a convention, depending on the instructions provided by Congress.
It is important to note that the ratification process is not detailed in Article V of the Constitution or in the relevant legal provisions. However, the Archivist and the Director of the Federal Register follow established procedures and customs, ensuring the integrity of the process. Once 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 for review and safekeeping.
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State legislatures can also propose amendments by calling a constitutional convention
The process of amending the United States Constitution is a complex and challenging task, as the framers intended when it was drafted in 1787. While amendments are typically proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, state legislatures also play a crucial role in this process.
State legislatures have the power to initiate the amendment process by calling for a constitutional convention. This involves two-thirds of the state legislatures petitioning Congress to convene such a convention to propose amendments. It is important to note that, despite discussions and calls for a new convention, a constitutional convention has never been held to propose amendments.
Once a constitutional convention is convened, it can propose amendments directly. These proposed amendments are then submitted to the states for their consideration. The governors of each state formally present the amendment to their state legislatures or call for a convention, depending on Congress's specifications. The amendment must then be ratified by the legislatures of three-fourths of the states to become part of the Constitution.
The ratification process involves the states examining the proposed amendment and its legal sufficiency. If a state ratifies the amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who administers the ratification process. The Archivist, in turn, delegates some duties to the Director of the Federal Register, who maintains custody of the ratification documents.
While the process of calling for a constitutional convention by state legislatures exists, it has not been utilised to propose amendments thus far. The authority to amend the Constitution ultimately rests with Congress, and all amendments to date have been proposed and ratified through this congressional process.
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The Archivist of the United States administers the ratification process
The process of amending the Constitution of the United States is a complex and lengthy procedure, deliberately designed to be challenging. The Constitution has been amended only 27 times since it was drafted in 1787. The Archivist of the United States plays a crucial role in this process by administering the ratification process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for ensuring that any changes to the Constitution are carried out in accordance with the law.
Once Congress proposes an amendment, the Archivist submits it to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Archivist then conveys this information to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and an authenticating signature. The Archivist does not make any substantive determinations regarding the validity of State ratification actions, but their certification of the facial legal sufficiency of these documents is final and conclusive.
If the required number of authenticated ratification documents is received, the OFR 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The Archivist's role in the ratification process is, therefore, a critical aspect of ensuring the integrity of the constitutional amendment process in the United States.
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State legislatures can reject amendments or rescind prior ratification
The process of amending the United States Constitution is deliberately designed to be challenging. The Constitution grants the authority to propose and ratify amendments, and this process is outlined in Article V of the Constitution. While the process of proposing and ratifying amendments is stringent, it is possible for state legislatures to reject amendments or rescind prior ratification.
State legislatures play a crucial role in the amendment process. Once Congress proposes an amendment, it is submitted to the states for their consideration. Governors then formally submit the amendment to their state legislatures. At this stage, state legislatures can choose to reject the amendment without proceeding further. This exercise of their discretion demonstrates the ability of states to veto proposed changes to the Constitution.
In addition to rejecting amendments at the proposal stage, states also have the power to rescind their ratification of an amendment even after they have initially approved it. This means that a state can change its mind and revoke its support for an amendment. To do so, states send official documents to the National Archives and Records Administration (NARA) to record the rejection or rescission. This action serves as an official notice of their decision to reject or rescind the amendment.
The power to reject amendments or rescind prior ratification lies with the state legislatures, and it is independent of the Archivist's role. The Archivist of the United States, who administers the ratification process, does not make substantive determinations regarding the validity of state ratification actions. Instead, the Archivist focuses on the facial legal sufficiency of ratification documents, and their certification in this regard is considered final and conclusive.
In summary, while the process of amending the Constitution is challenging and requires broad support, state legislatures possess the authority to reject amendments at the proposal stage or rescind their ratification of an amendment after initial approval. This aspect of the amendment process underscores the importance of consensus and the role of states in shaping the evolution of the United States Constitution.
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The amendment process is difficult and time-consuming
The process of amending the United States Constitution is deliberately difficult and time-consuming. The Constitution was written "to endure for ages to come", as Chief Justice John Marshall observed in the early 19th century. Since it was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
The authority to amend the Constitution is derived from Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention requested by two-thirds of the state legislatures. Congress proposes an amendment in the form of a joint resolution, which is sent to the National Archives and Records Administration (NARA) for processing and publication.
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, depending on what Congress has specified. For an amendment to be ratified, it must be approved by the legislatures of three-quarters of the states or by conventions in three-quarters of the states, as specified by Congress.
The amendment process is time-consuming and requires significant support to succeed. The ERA Amendment, for example, failed to pass the necessary majority of state legislatures in the 1980s. While there have been calls for a new Constitutional Convention, it has never happened. The difficulty of the amendment process ensures that only significant changes that affect all Americans or secure the rights of citizens are made to the Constitution.
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Frequently asked questions
The US Constitution derives its authority to be amended from Article V of the Constitution. The process of amending the Constitution involves a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. The proposed amendment is then submitted to the states for their consideration. Once ratified by the legislatures of three-fourths of the states, the amendment becomes a valid part of the Constitution.
The framers of the Constitution intentionally made it a difficult task to amend the document to ensure its longevity. Since its drafting in 1787, there have only been 27 amendments to the Constitution, indicating the rarity of amendments being passed.
The Congress proposes amendments, and the Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. The Archivist works with the Director of the Federal Register, who receives and maintains custody of ratification documents from the states.
Notable amendments to the Constitution include the first 10 amendments, known as the Bill of Rights, which were adopted in 1791. Other amendments have granted women the right to vote, abolished poll taxes, lowered the minimum voting age to 18, and repealed Prohibition.
