Amending The Constitution: A Step-By-Step Guide

The process of amending the US Constitution is a difficult and time-consuming task. The Constitution has been amended only 27 times since it was drafted in 1787, and the framers made it challenging to ensure its longevity. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or through a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The process is administered by the Archivist of the United States, who follows established procedures and customs. The amendment process ensures that any changes to the Constitution are carefully considered and have a significant impact on the nation and its citizens.

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Amendments are proposed by Congress with a two-thirds majority vote in both the House and Senate

The process of amending the United States Constitution is a difficult and time-consuming task. It has only been amended 27 times since it was drafted in 1787, and the framers made it challenging to ensure its longevity. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments.

Amendments are proposed by Congress with a two-thirds majority vote in both the House and the Senate. This is the only method that has been used thus far. The Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in this process, so the joint resolution does not require their signature or approval. 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 plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format. Once an amendment is proposed, it must then be ratified by the legislatures of three-fourths of the States (38 out of 50 States) to become part of the Constitution.

The process of amending the Constitution is deliberately challenging, ensuring that any changes made are well-considered and have a significant impact on the nation. The two-thirds majority vote in both the House and the Senate is a crucial step in this process, requiring broad support for any proposed amendments.

Alternatively, two-thirds of state legislatures can request a constitutional convention

The process of amending the United States Constitution is a difficult and time-consuming task, as the framers intended it to be. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments have been proposed by constitutional convention.

An alternative method to start the amendment process is for two-thirds of state legislatures to request a constitutional convention. This method has never been used, but it has its supporters. A retired federal judge, Malcolm R. Wilkey, called for a new convention, citing the corruption of the Constitution by a system that has led to gridlock, excessive influence by interest groups, and members of Congress who focus excessively on getting re-elected.

For a constitutional convention to be called, two-thirds of state legislatures must apply to Congress. This process bypasses the typical requirement for a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. However, it is important to note that no amendment can be made without the consent of the states, and each state retains equal suffrage in the Senate.

Once a constitutional convention is called, it serves as a forum for proposing amendments. These proposed amendments then follow a similar ratification process as those proposed by Congress. The proposed amendment must be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution.

A proposed amendment must then be ratified by three-fourths of the states

The process of amending the United States Constitution is a challenging and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, and all amendments have been proposed by Congress. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments.

The first method, which has been used for all amendments so far, involves the House and Senate proposing a constitutional amendment with a two-thirds majority vote in both chambers. The second method, which has never been used, involves two-thirds of state legislatures requesting Congress to call a constitutional convention to propose amendments.

Once an amendment is proposed, it must be ratified by three-fourths of the states, or 38 of 50 states, to become part of the Constitution. This can be achieved through ratification by state legislatures or conventions in three-fourths of the states, as specified by Congress. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency.

When the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), 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 to Congress and the nation that the amendment process is complete. The challenging nature of the amendment process ensures that only significant ideas affecting all Americans or securing citizens' rights are enshrined in the Constitution.

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The Archivist of the United States administers the ratification process

The Archivist of the United States is responsible for administering the ratification process of an amendment to the Constitution. The Archivist is appointed by the President with the advice and consent of the Senate. The current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden in 2022 and confirmed and sworn in by the Senate in May 2023.

Once 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 Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950.

The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by the OFR. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.

When 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. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

The Director of the Federal Register examines ratification documents for legal sufficiency

The process of amending the Constitution of the United States is derived from Article V of the Constitution. The Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. Many of the duties associated with this function have been delegated to the Director of the Federal Register.

Once a proposed amendment is ratified by a state, the state sends the Archivist an original or certified copy of the State action. This is then conveyed to the Director of the Federal Register. The Director of the Federal Register, along with the OFR, examines the ratification documents for legal sufficiency and the presence of an authenticating signature.

The examination of ratification documents is a crucial step in the amendment process. The Director of the Federal Register reviews the documents to ensure they meet the legal requirements and are valid. This includes verifying the authenticity and integrity of the documents, as well as ensuring that they comply with the established procedures and customs. The Director checks for any discrepancies or issues that may impact the legality of the ratification.

If the Director of the Federal Register finds the ratification documents to be in order, they acknowledge receipt and take custody of them. This involves securely storing and maintaining the documents until the amendment process reaches a conclusion. The Director's role in examining and safeguarding the documents ensures the integrity and transparency of the amendment process.

Once the OFR verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification confirms that the amendment has been ratified by the required number of states and has become an official part of the Constitution. The certification is then published in the Federal Register, serving as official notice to Congress and the nation that the amendment process has been successfully completed.

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