Amendments: Ratification And The Constitution

The process of amending the United States Constitution is a challenging and time-consuming endeavour, as the framers intended when it was written to endure for ages to come. 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 called for by two-thirds of state legislatures. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). Congress determines whether an amendment is sent to state legislatures or state ratifying conventions for ratification. The Archivist of the United States is responsible for administering the ratification process and certifying that an amendment is valid and has become part of the Constitution.

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The role of the Archivist of the United States

The process of amending the US Constitution is a complex and lengthy affair. The authority to amend the Constitution is derived from Article V of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in this process and is responsible for administering the ratification process. This role was first carried out by Don W. Wilson, who certified the 27th Amendment in 1992.

The process begins with Congress proposing an amendment in the form of a joint resolution. This resolution is then forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the States. At this point, the Archivist steps in and 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 Congress's specifications. When a State ratifies the 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 OFR examines the ratification documents for authenticity and legal sufficiency. Once the required number of authenticated ratification documents is verified, 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 certification is 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 is to ensure the integrity of the constitutional amendment process, following established legal processes and decisions. They do not make substantive determinations about the validity of State ratification actions but rather certify the facial legal sufficiency of ratification documents, which is final and conclusive.

Congress proposes an amendment

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. This requires a two-thirds majority vote in both the House of Representatives and the Senate. The joint resolution does not go to the White House for signature or approval, as the President does not have a constitutional role in the amendment process. Instead, the original document 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 joint resolution and publishes it in slip law format. They also assemble 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 is responsible for administering the ratification process. They officially notify the states by sending a registered letter to each state's Governor, who then formally submits the amendment to their state's legislature or ratifying convention. Congress determines whether a proposed amendment is sent to the state legislatures or state ratifying conventions for ratification.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). 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. 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.

Ratification by three-fourths of the states

The process of amending the United States Constitution is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution. The Constitution provides two methods for amending the nation's frame of government. Firstly, two-thirds of both houses of Congress must propose an amendment, which is then sent to the states for ratification. This is the more common method, with 33 amendments to the Constitution having been approved by Congress and sent to the states for ratification.

The second method, which has never been used, is for two-thirds of state legislatures to request Congress to call a constitutional convention to propose an amendment. 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 determining which method the states must use. The Twenty-first Amendment, which repealed the prohibition on intoxicating liquors, is the only amendment ratified by the state convention method.

The process of ratification is administered by the Archivist of the United States, who officially notifies each state's governor of a proposed amendment. The governor then formally submits the amendment to their state's legislature or ratifying convention. Once a state ratifies an amendment, it sends an original or certified copy of its action to the Archivist. Upon receiving the required number of state ratifications, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution.

This certification is 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 signing of the certification has become a ceremonial function attended by dignitaries, such as the President. While Congress can prescribe time limitations for state ratifications, the length of time between proposal and ratification does not affect the validity of the amendment.

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The certification process

The OFR then drafts a formal proclamation for the Archivist of the United States 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, serving as official notice to Congress and the nation that the amendment process has been completed. The amendment becomes an operative part of the Constitution at this point, and no further action is required.

The Archivist of the United States is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Archivist officially notifies each state's governor that an amendment has been proposed, and the governors then formally submit the amendment to their state's legislature or ratifying convention.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of its action. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.

The President's involvement

The US Constitution does not outline a specific role for the President in the process of amending the Constitution. 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. This was affirmed by the Supreme Court in 1798 in Hollingsworth v. Virginia, which ruled that it is not necessary for constitutional amendments to be placed before the President for approval or veto.

However, in some instances, Presidents have played an informal, 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. In 1865, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, and President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that their signatures were unnecessary.

In recent history, the signing of the certification of ratification has become a ceremonial function attended by various dignitaries, including the President. President Lyndon 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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