Amending The Constitution: Exploring Ratification Methods

The process of amending the US Constitution is outlined in Article V of the Constitution. There are two ways to ratify a constitutional amendment. The first method, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then sent to the states for ratification, requiring approval from three-quarters of the state legislatures. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. Amendments proposed in this way must also be ratified by three-quarters of the states, either through their state legislatures or state conventions. While the latter method has never been used, it remains a valid option for states to bypass Congress if needed.

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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 Archivist is responsible for the supervision and direction of the National Archives, including the preservation of government records and making them accessible to the public. The role involves managing a large volume of paper and electronic records, ensuring their proper storage and preservation.

In the context of constitutional amendments, the Archivist plays a crucial role in the ratification process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then conveys this to the Director of the Federal Register for examination and custody. Once the required number of ratification documents is received, the Archivist certifies 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.

The Archivist also has duties concerning the custody of Electoral College documents during presidential elections, such as certificates of ascertainment and certificates of vote produced by the electors of each state. These administrative responsibilities are often delegated to the Director of the Federal Register. Additionally, joint resolutions and acts of Congress signed into law by the President are delivered to the National Archives, where the Archivist ensures the preservation and accessibility of these records.

The role of the Archivist is a critical one in maintaining the integrity and accessibility of government records, particularly in the context of constitutional amendments and presidential elections. The current Archivist of the United States is Dr. Colleen Shogan, who assumed office in May 2023 and is the first woman to hold the position permanently.

Ratification by three-quarters of state legislatures

The United States Constitution was designed to be a challenging document to amend. Since it was drafted in 1787, there have only been 27 amendments, the first 10 of which were added in 1791 as the Bill of Rights. The process of amending the Constitution is outlined in Article V of the Constitution.

Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification. An amendment becomes part of the Constitution when it has been ratified by three-quarters of the states (38 of 50 states). This process has been used for every amendment to the Constitution so far.

Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of state legislatures, Congress must call a constitutional convention to propose amendments. To become part of the Constitution, any amendment proposed by that convention must be ratified by three-quarters of the states through a vote of either the state legislature or a state convention convened for that purpose.

The mode of ratification is determined by Congress, and in neither of these two processes is a vote by the electorate applicable to the ratification of a constitutional amendment. Article V does not specify a time limit for the ratification of a constitutional amendment, but Congress has attached a time limit to the ratification of all proposed amendments since the 20th Amendment.

In the past, some state legislatures have not waited to receive official notice before taking action on a proposed amendment. 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. 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.

The mode of ratification is determined by Congress

The process of amending the United States Constitution is outlined in Article V of the Constitution. The authority to amend the Constitution is derived from this article, which also provides two methods for proposing and ratifying amendments.

The first method involves Congress proposing an amendment, which must pass with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then sent to the states for ratification, with three-fourths of the states (currently 38 out of 50) needing to ratify for it to become part of the Constitution. This process has been used for all amendments to the Constitution thus far.

The second method, which has never been utilised, involves a constitutional convention called for by two-thirds of the state legislatures. Amendments proposed by this convention would then be sent to the states for ratification. Again, three-fourths of the states would need to ratify the amendment, either through their state legislatures or through state conventions, as determined by Congress.

In practice, the process of amending the Constitution is challenging and time-consuming. While Congress has the authority to propose amendments, the President does not have a constitutional role in the process. Once an amendment is proposed, it is sent to the National Archives and Records Administration (NARA) for processing and publication. The amendment becomes part of the Constitution once it is ratified by the required number of states, and the Archivist certifies its validity.

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The two ways states might ratify an amendment

The process of amending the United States Constitution is outlined in Article V of the Constitution. While the process is difficult and time-consuming, it has been accomplished 27 times since the Constitution was drafted in 1787.

The two ways in which states might ratify an amendment are:

• State Legislature: The first method, which has been used for every amendment thus far, involves Congress proposing an amendment, which must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification by a vote of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths (38 out of 50) of the state legislatures.
• State Convention: Article V also provides an alternative process that has never been utilized. If two-thirds of the state legislatures request it, Congress shall call a constitutional convention to propose amendments. The amendments proposed at this convention are then sent to the states for ratification. Each state must then decide whether to ratify the amendment through a vote of the state legislature or by convening a state convention for this specific purpose. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, regardless of whether they use their state legislature or a state convention to do so.

It is important to note that the mode of ratification is determined by Congress, and in neither of these two processes is a vote by the general public applicable to the ratification of a constitutional amendment. Additionally, the President does not have a constitutional role in the amendment process.

The difficulty of the amendment process

The process of amending the US Constitution is a difficult and time-consuming endeavour by design. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". To ensure its longevity, the framers intentionally made it challenging to amend the document. Since its drafting in 1787, there have only been 27 amendments to the Constitution, illustrating the success of the framers' intentions.

The first step in the amendment process is for two-thirds of both houses of Congress to pass a proposed amendment. This is a significant challenge, as it requires a substantial majority in both the House of Representatives and the Senate. If this step is successful, the proposed amendment is sent to the states for ratification. However, even if a minority of slightly more than one-third of the House of Representatives, the Senate, or the states object to the proposal, it will not become an amendment.

The second step of the amendment process is for three-fourths of the states (currently 38 out of 50) to ratify the proposed amendment. This can be done through a vote of the state legislatures or a state convention called for that purpose. This step ensures that any amendment has broad support across the country and is not just the will of a single party or region. Additionally, there is no time limit for the ratification of an amendment, which can further extend the process.

An alternative method for proposing amendments, which has never been utilised, is for two-thirds of the state legislatures to call for a constitutional convention. This convention can propose amendments without the approval of Congress, but these amendments would still need to be ratified by three-fourths of the states. While this method provides a way for the states to bypass Congress, it has not been used in practice.

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