Amendments: Proposing And Ratifying The Us Constitution

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 process of proposing and ratifying amendments involves two methods. The first method involves Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, proposing an amendment in the form of a joint resolution. The second method, which has never been used, involves two-thirds of state legislatures calling for a Constitutional Convention to propose amendments. Once proposed, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states, as determined by Congress. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA), with support from the Director of the Federal Register. The process concludes with a ceremonial signing of the certification by dignitaries, which may include the President.

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Amendments proposed by Congress

The process of amending the United States Constitution is purposefully difficult and time-consuming. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which 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, as well as assembling an information package for the states.

Once an amendment is proposed by Congress, it must then be ratified. The choice of the mode of ratification lies in the sole discretion of Congress. The first method of ratification requires three-fourths of the state legislatures (38 out of 50 states) to ratify an amendment. Alternatively, Congress may require that three-fourths of state ratifying conventions approve a proposed amendment. This second mode of ratification has only been specified once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

The OFR retains the documents related to a proposed amendment until it is adopted or fails, and then transfers the records to the National Archives for preservation. When the OFR verifies that it has received the required number of authenticated ratification documents, it 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 and serves as official notice to Congress and the nation that the amendment process is complete. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including sometimes the President.

It is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. While another option to start the amendment process is for two-thirds of the state legislatures to call for a Constitutional Convention, this has never happened.

Amendments proposed by Constitutional Convention

The process of amending the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by 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.

The process of proposing amendments by constitutional convention, also known as an Article V Convention, has never been used. However, it is one of two methods authorized by Article Five of the United States Constitution for proposing amendments. This method requires two-thirds of the state legislatures (34 out of 50) to call for a convention, and the amendments become law only after ratification by three-fourths of the states (38 out of 50).

The first proposal for a method of amending the Constitution, offered during the 1787 Constitutional Convention, was contained in the Virginia Plan. It sought to circumvent the national legislature, stating that "the assent of the National Legislature ought not to be required." Several delegates opposed the idea of the national legislature retaining sole power to propose constitutional amendments, arguing that the government might become oppressive and abuse its power. In response, the Convention unanimously voted to allow states to apply to Congress for a convention to propose amendments.

Some scholars have debated whether Congress must call a convention upon the request of two-thirds of the states, and whether states can determine the scope of an Article V convention by applying for a convention on specific subjects. There are concerns that an Article V convention could become a "runaway convention," attempting to exceed its scope. However, any amendments proposed by such a convention would still need to be ratified by three-fourths of the states, providing a safeguard.

Ratification by state legislatures

The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. This means that out of 50 states, 38 states must approve the amendment for it to become part of the Constitution.

The process begins with Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. After the amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services.

Once the amendment is proposed, it is up to the state legislatures to debate and vote on whether to ratify it. Each state has its own process and requirements for ratification. Some states may require a simple majority vote in their legislature, while others may need a supermajority or a specific number of votes.

When an amendment is ratified by the required number of state legislatures, the OFR (Office of the Federal Register) 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.

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Ratification by state conventions

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes an amendment in the form of a joint resolution.

Once an amendment is proposed, the method of ratification is chosen by Congress. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method, which has only been specified once in history, for the Twenty-First Amendment, requires three-fourths of state ratifying conventions to approve a proposed amendment.

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

The certification process

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 duties associated with this function 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 to Congress and the nation that the amendment process has been completed.

In recent times, the signing of the certification has taken on a ceremonial aspect, with dignitaries such as the President, scholars, and other officials witnessing the certification. The Archivist performed the duties of the certifying official for the first time for the 27th Amendment, with the Director of the Federal Register signing the certification as a witness.

The OFR plays a crucial role in the process by retaining the documents until an amendment is adopted or fails. Once the amendment process is concluded, the OFR transfers the records to the National Archives for preservation. Additionally, the OFR provides an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.

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