Amending The Constitution: Congress's Role And Power

Amending the US Constitution is a challenging and time-consuming process. The framers of the Constitution, which was first drafted in 1787, intended for it to endure for ages. Since then, it has been amended only 27 times, with none of the amendments being proposed by a constitutional convention. For Congress to amend the Constitution, a two-thirds majority vote in both the House of Representatives and the Senate is required. Following this, three-fourths of the state legislatures must ratify the amendment for it to become part of the Constitution. The process is overseen by the Archivist of the United States and the Director of the Federal Register, who are responsible for administering the ratification process and ensuring its legal sufficiency.

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Two-thirds majority vote in the House of Representatives and the Senate

The United States Constitution was designed to be a durable document that would stand the test of time. As such, the process of amending it is deliberately difficult and time-consuming. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments.

One method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is a high bar to clear, and at least 11,000 proposals have failed to gain the required support in one or both chambers. A two-thirds majority vote in both houses is a significant hurdle, requiring strong bipartisan support for an amendment to pass. This ensures that any amendment has the backing of a broad political consensus.

Once an amendment has passed this stage, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA then adds legislative history notes to the joint resolution and publishes it in slip law format. This stage involves no input from the President, as the joint resolution does not require their signature or approval.

The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format. The amendment proposal is then sent to the states for ratification, where it must be approved by three-fourths of the state legislatures (38 out of 50 states). This step is crucial, as it ensures that any changes to the Constitution are widely supported by the states and reflect the will of the people.

In conclusion, while Congress can propose an amendment with a two-thirds majority vote in both chambers, the process of amending the Constitution involves multiple steps and requires strong support at the federal and state levels.

Ratification by three-fourths of state legislatures

The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The authority to amend the Constitution 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. This means that at least two-thirds of both Houses must deem it necessary to propose an amendment.

Once an amendment is proposed by Congress, it is then 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 copies of the joint resolution.

After Congress proposes an amendment, the next step is the ratification process. This is where the requirement of ratification by three-fourths of state legislatures comes into play. Ratification is the process of obtaining the approval and consent of the states for the proposed amendment. In this case, the amendment must be ratified by the legislatures of three-fourths of the states, which currently equates to 38 out of 50 states. This step ensures that the amendment has the support of a supermajority of the states and is not imposed solely by Congress.

When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads the NARA. The Archivist has the responsibility for administering the ratification process. The documents are then forwarded to the Director of the Federal Register for examination and safekeeping. The OFR examines the ratification documents to ensure they meet the legal requirements and have authentic signatures. Once the required number of authenticated ratification documents is received by the OFR, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.

The ratification by three-fourths of the state legislatures is a crucial step in the amendment process, ensuring that any changes to the Constitution reflect the will of the majority of the states. It is worth noting that, historically, none of the amendments to the Constitution have been proposed by a constitutional convention; all have originated from Congress. Additionally, the President does not have a constitutional role in the amendment process, further highlighting the importance of the role played by Congress and the state legislatures in amending the Constitution.

Calling a Constitutional Convention

The United States Constitution is intentionally difficult to amend. The Constitution provides that an amendment may be proposed either 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 the State legislatures.

A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention, is one of two methods authorized by Article Five of the United States Constitution whereby amendments may be proposed. On the application of two-thirds of the State legislatures (34 of the 50), Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states (38 of the 50).

The Article V convention method has never been used; all 27 amendments to the Constitution have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States. Although there has never been a federal constitutional convention since the original one, at the state level, more than 230 constitutional conventions have assembled in the United States.

Some proponents of a convention express doubt that an Article V convention would exceed its scope, in light of the United States' experience with state constitutional conventions; over 600 state constitutional conventions have been held to amend state constitutions, with little evidence that any of them have exceeded their scope.

If states have the power to limit an Article V convention to a particular subject matter, and Congress only has the power to call a convention but no further power to control or regulate it, then a potential concern becomes whether an Article V convention could become a "runaway convention" that attempts to exceed its scope. If a convention did attempt to exceed its scope, none of the amendments it proposed would become part of the constitution until three-fourths of the states ratified them, which is more than the number of states required to call a convention in the first place.

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The role of the Archivist of the United States

The process of amending the Constitution of the United States is a complex and lengthy one. The authority to amend the Constitution is derived from Article V of the Constitution. The role of the Archivist of the United States is crucial in this process. The Archivist, as the head and chief administrator of the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. This responsibility includes submitting the proposed amendment 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 of the United States plays a vital role in maintaining the integrity and continuity of the constitutional amendment process. While the Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register, they still oversee the process and ensure its smooth execution. The Archivist's role in amending the Constitution is a testament to the importance of preserving and updating the foundational document of the nation.

The process of amending the Constitution begins with Congress, which proposes an amendment in the form of a joint resolution. This resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR assists the Archivist by adding legislative history notes, publishing the resolution in slip law format, and assembling information packages for the states.

Once the OFR verifies that it has received the required number of authenticated ratification documents from the states, 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 a ceremonial function that may be attended by various dignitaries, including the President. The Archivist's signature on the certification is not what adds the amendment to the Constitution; rather, it is the votes by three-fourths of the states that do so. However, the Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.

In addition to their role in the constitutional amendment process, the Archivist of the United States also has duties concerning the custody of important documents, such as Electoral College documents during presidential elections. The Archivist manages the National Archives, ensuring the preservation and accessibility of historical records for the nation. The position of Archivist of the United States is a critical one in maintaining the integrity of the nation's records and facilitating the process of amending the Constitution.

The difficulty of amending the Constitution

Amending the US Constitution is a challenging and time-consuming process. The framers of the Constitution intended for it to be a durable document, and as such, they made it difficult to amend. The Constitution has only been amended 27 times since it was first drafted in 1787, including the first ten amendments, which were adopted as the Bill of Rights four years later.

The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent directly to the National Archives and Records Administration (NARA) for processing and publication. The second method, which has never been used, is for two-thirds of the state legislatures to request that Congress call a Constitutional Convention to propose amendments.

Once an amendment has been proposed, it must be ratified by three-fourths of the state legislatures, or three-fourths of the states (38 out of 50). This can be done through the state legislatures or by calling a convention, depending on what Congress has specified. The process of obtaining ratification from the states can be lengthy and challenging, as each state has its own legislative process and may have varying levels of support for the proposed amendment.

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