Amending The Constitution: A Step-By-Step Guide

The process of amending the US Constitution is a complex and challenging endeavour, as the framers intended when it was first drafted in 1787. To date, there have been 27 amendments, with the first 10 being adopted simultaneously as the Bill of Rights. Amendments can be proposed by Congress with a two-thirds majority vote in both the House and the Senate, or through a constitutional convention with two-thirds majority votes in state legislatures. Once proposed, an amendment must be ratified by three-fourths of state legislatures, or three-fourths of state ratifying conventions, as determined by Congress. The process is managed by the Archivist of the United States, who notifies states of proposed amendments and certifies their validity once ratified. This certification is published in the Federal Register, officially concluding the amendment process.

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The role of Congress in proposing amendments

The United States Constitution was drafted in 1787 "to endure for ages to come". The framers of the Constitution intentionally made it difficult to amend the document, and as a result, it has been amended only 27 times since it was drafted. Thirty-three amendments have been approved by Congress and sent to the states for ratification, but only 27 of these have been ratified and are now part of the Constitution.

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, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for 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 adds legislative history notes to the joint resolution and publishes it in slip law format.

Once an amendment has been proposed by Congress, the Archivist of the United States is responsible for administering the ratification process. The Archivist officially notifies the states by sending a registered letter to each state's Governor, who then formally submits the amendment to their state legislature or ratifying convention. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action.

After receiving the required number of state ratifications, the Archivist issues a certificate proclaiming that the amendment has been duly ratified and is now 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 role of the Archivist of the United States

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role of the Archivist is to supervise and direct the National Archives. The Archivist is also responsible for managing the constitutional amendment process. This involves submitting amendments proposed by Congress to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states ratify them.

The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. When an amendment is proposed by Congress, the original document is forwarded to the 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. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.

The Archivist then 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 what Congress has specified. 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 order, the Director acknowledges receipt and maintains custody of them. 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.

In addition to their role in the constitutional amendment process, the Archivist also has duties concerning the custody of Electoral College documents in United States presidential elections. These administrative responsibilities are typically delegated to the Director of the Federal Register. Overall, the role of the Archivist of the United States is crucial in maintaining the integrity and accuracy of the nation's records, including the constitutional amendment process.

The role of the Director of the Federal Register

The United States Constitution grants the authority to amend it, as per Article V of the Constitution. The process of amending the Constitution involves a proposal for an amendment, which must be passed by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Following this, Congress decides on the method of ratification, which can be either through state legislatures or state ratifying conventions.

The Office of the Federal Register (OFR) plays a crucial role in this process. Once a proposal for an amendment is passed, it is forwarded to the OFR for processing and publication. The OFR 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 the statutory procedure for ratification. The OFR then submits the proposed amendment and the chosen ratification method to the states.

The Director of the Federal Register, under the delegation of the Archivist of the United States, assumes significant responsibilities in the amendment process. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist, who then conveys it to the Director of the Federal Register. The Director examines these ratification documents for legal sufficiency and authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody.

The Director retains these documents until the amendment is either adopted or fails. In the case of a successful amendment, the Director transfers the records to the National Archives for preservation. The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register, marking the completion of the amendment process.

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Ratification by three-fourths of the states

The United States Constitution was crafted to be a durable document, with a challenging amendment process. As a result, it has only been amended 27 times since it was first drafted in 1787.

The process of amending the Constitution is outlined in Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

The proposed amendment is sent to the states for their consideration. The Governors then submit the amendment to their State legislatures or call for a convention, depending on Congress's instructions. When a state ratifies a 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.

A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). This is the threshold required for an amendment to be adopted and become part of the Constitution. The Office of the Federal Register (OFR) verifies the receipt of the required number of authenticated ratification documents. Following this, a formal proclamation is drafted for the Archivist to certify the amendment's validity. 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 ratification process for amendments to the Constitution is thus a meticulous and collaborative effort involving multiple stakeholders, including Congress, the Archivist, the Director of the Federal Register, state governors, and state legislatures or conventions. The requirement of ratification by three-fourths of the states ensures that any changes to the Constitution reflect the consensus of a significant majority of the country.

The two methods of proposing amendments

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.

Article V of the Constitution provides the authority to amend it. It outlines two methods for proposing amendments:

• The Congress proposes an amendment: This requires a two-thirds majority vote in both the House of Representatives and the Senate, in the form of a joint resolution. Once proposed, the amendment is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format, along with an information package for the states. After this, the amendment must be ratified by three-fourths (38 out of 50) of the states to become part of the Constitution.
• A constitutional convention is called for by two-thirds of the State legislatures: This method has never been used to propose an amendment. In this process, two-thirds of the state legislatures request Congress to call for a constitutional convention to propose amendments. Congress then decides whether the proposed amendment is sent to the state legislatures or state ratifying conventions for ratification. The amendment must then be ratified by three-fourths of the states, either through their legislatures or conventions, as determined by Congress.

While the President does not have a constitutional role in the amendment process, the signing of the certification has become a ceremonial function that may include the President. The process of amending the Constitution is deliberately challenging, ensuring that only significant changes affecting all Americans or securing citizens' rights are made.

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