Senators' Power: Passing Constitutional Amendments

The process of passing a constitutional amendment in the United States is outlined in Article Five of the United States Constitution. This article describes the procedures for proposing and ratifying amendments, which can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. While the President has no official role in the amendment process, the Archivist of the United States is responsible for administering the ratification process. This process has been followed in the passage of various amendments, including the Seventeenth Amendment, which changed the election of senators from being chosen by state legislatures to being directly elected by the voting public.

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

The process of amending the Constitution of the United States is outlined in Article Five of the United States Constitution. This article describes the process of proposing and ratifying amendments.

Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the approval or signature of the President. Once an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.

To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. This process is determined by Congress and is known as the "Mode of Ratification." The vote of each state carries equal weight, regardless of its population or length of time in the Union.

It is important to note that while Article I, Section 7 requires federal legislation to be presented to the President for signature or veto, Article V does not include this requirement for constitutional amendments. Therefore, the President does not have an official function in the amendment process.

In summary, a two-thirds majority vote in both the House of Representatives and the Senate is required to propose a constitutional amendment, which is then followed by the ratification process administered by the Archivist of the United States.

Ratification by three-quarters of state legislatures

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. According to Article V, amendments can be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures.

Once an amendment has been proposed, it must be ratified to become part of the Constitution. There are two methods of ratification, as determined by Congress: ratification by the legislatures of three-quarters of the states, or ratification by conventions in three-quarters of the states. This means that at least 38 out of 50 states must ratify the amendment for it to become part of the Constitution. The vote of each state carries equal weight, regardless of its population or length of time in the Union.

The first method, ratification by state legislatures, involves the state governments that enact laws for the state. This method has been used for all amendments except one, the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

The second method, ratification by conventions in three-quarters of the states, has only been used once in American history, for the ratification of the Twenty-First Amendment in 1933. This method involves each state holding a convention for the sole purpose of deciding whether to ratify the proposed amendment.

It is important to note that Article V does not specify a deadline for the ratification of proposed amendments. However, for recent proposals, Congress has set a ratification deadline of seven years to prevent a repeat of the two-hundred-year gap between the proposal and ratification of the Twenty-Seventh Amendment.

Direct election of senators

The Seventeenth Amendment to the United States Constitution established the direct election of senators in each state. Before this amendment, senators were appointed by state legislatures, which led to two significant problems. Firstly, wealthier and more influential candidates could bribe the legislatures to appoint them in exchange for favours. Secondly, there was a risk of electoral deadlock, where state legislatures failed to agree on the selection of senators.

In the early 19th century, Henry R. Storrs proposed an amendment to provide for the popular election of senators. Similar amendments were introduced in 1829 and 1855, with the "most prominent" proponent being Andrew Johnson, who raised the issue in 1868. In the 1860s, there was a major congressional dispute over the issue, with the House and Senate voting to veto the appointment of John P. Stockton to the Senate due to his approval by a plurality of the New Jersey Legislature rather than a majority. In 1892, the Populist Party's Omaha Platform called for the direct election of senators, and Oregon became the first state to conduct its senatorial elections by popular vote in 1908.

In 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution, and soon other senators called for reform. The final version of the proposed amendment was produced in 1912, whereupon it was issued to the states for ratification. On April 8, 1913, the Seventeenth Amendment was ratified, after which it was certified on May 31. The Seventeenth Amendment provides that the Senate of the United States shall be composed of two senators from each state, elected by the people thereof, for six-year terms; and each senator shall have one vote. The amendment also authorises state governors to appoint temporary officials to hold vacant senate seats until a proper special election can be conducted.

The Seventeenth Amendment altered the procedure for filling vacancies in the Senate. Under the previous system, each state legislature chose its state's senators for a six-year term. The Seventeenth Amendment allows state legislatures to permit their governors to make temporary appointments until a general election occurs.

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Presidential approval not required

Presidential approval is not required to pass a constitutional amendment. Article Five of the United States Constitution describes the procedure for altering the Constitution. Amendments may be proposed either by Congress with a two-thirds vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of state legislatures.

Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (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. 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 under 1 U.S.C. 106b.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist 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. To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions conducted in three-quarters of the states.

The President does not have a constitutional role in the amendment process, and the joint resolution does not require presidential approval or signature. This was affirmed by the Supreme Court in Hollingsworth v. Virginia (1798), which established that constitutional amendments do not need to be placed before the President for approval or veto.

State consent for equal suffrage

The process of amending the US Constitution is outlined in Article Five of the United States Constitution. It involves proposing an amendment and subsequent ratification. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a convention called for by Congress at the request of two-thirds of state legislatures.

The US Constitution guarantees equal suffrage in the Senate, which means that no state can be deprived of its equal representation in the Senate without its consent. This provision was included to address concerns about preserving state sovereignty and preventing larger states from dominating smaller ones. It was also designed to prevent a majority from tyrannizing a minority.

The equal suffrage clause in the Senate is subject to amendment through the procedures outlined in Article Five. However, scholars disagree on whether this clause can be amended. Law professor George Mader argues that the clause can be amended because it is not "self-entrenched," meaning that it does not contain a provision preventing its own amendment.

To amend the equal suffrage clause, a two-step amendment process would be required. First, an amendment would need to be proposed and ratified to repeal the provision that prevents the equal suffrage provision from being amended. Second, another amendment would need to be proposed and ratified to repeal the equal suffrage provision itself.

The amendment process involves Congress proposing an amendment in the form of a joint resolution, which is then sent to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states. The Archivist of the United States then submits the proposed amendment to the states for their consideration. To become part of the Constitution, an amendment must be ratified by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.

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