Eleanor Finch
The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. In modern times, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. The amendment process is challenging and time-consuming, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures.
| Characteristics | Values |
|---|---|
| Role of the President in proposing an amendment | The President does not have a constitutional role in the amendment process. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. |
| Process of proposing an amendment | The Congress proposes an amendment in the form of a joint resolution. The amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states (38 out of 50 states). |
| Time taken for the amendment process | The amendment process is very difficult and time-consuming. For example, the Twenty-second Amendment was ratified in 1951 after almost four full years of deliberation. |
| Number of amendments proposed by presidents | There is no specific number mentioned in the sources, however, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights. |
| Recent amendment proposals | Recent amendment proposals include outlawing flag burning (endorsed by President Clinton), a crime victims' rights amendment, voluntary school prayer, making English the official language, and abolishing the Electoral College. |
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What You'll Learn
The President's role in proposing an amendment
The process of proposing an amendment is initiated by Congress, which proposes amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution is not sent to the White House for signature or approval. Instead, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
However, historically, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congressional approval.
In modern times, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once an amendment is ratified by three-fourths of the states, it becomes part of the Constitution.
While the President does not have a direct role in proposing amendments, they may be involved in ceremonial functions related to the amendment process, such as signing the certification of an amendment's validity. Additionally, in rare instances, Presidents have signed joint resolutions related to amendments, such as President Jimmy Carter's extension of the deadline for the Equal Rights Amendment, although this was advised to be unnecessary.
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Presidents can't veto proposed amendments
The Constitution of the United States does not establish a role for the President in amending the Constitution. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.
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, or by a constitutional convention called for by two-thirds of the State legislatures. After Congress proposes an amendment, 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 ministerial duties associated with this function to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature.
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 recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. However, the President's presence at this ceremony is not a constitutional requirement and does not grant them any authority over the amendment process. Therefore, it is clear that while the President may have a ceremonial role in witnessing the certification of amendments, they cannot veto proposed constitutional amendments.
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Amendments must be proposed by Congress
The Constitution of the United States outlines the process of proposing and adopting amendments, and it is Congress that proposes amendments. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution. The President does not have a constitutional role in this process, and the joint resolution is not sent to the White House for signature or approval.
Once the proposal is passed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the States, which includes formal copies of the joint resolution.
The proposed amendment is then sent to the States for ratification. This can be done in two ways: either by the State legislatures or by a convention. If the former, the Governor formally submits the amendment to the State legislature. When a State ratifies the amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who is responsible for administering the ratification process.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). The Archivist does not make any substantive determinations about the validity of State ratification actions but certifies the facial legal sufficiency of ratification documents. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
In the past, some Presidents have played a role in transmitting Congress's proposed amendments to the States for ratification. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the States for ratification after Congress approved them. However, the Supreme Court has ruled that the submission of a constitutional amendment does not require the action of the President, and the President cannot veto a proposed amendment.
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Amendments require ratification by three-fourths of states
The President does not have a constitutional role in the amendment process. However, some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
The Governors then formally submit the amendment to their State legislatures or call 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 good order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). The OFR 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 the Congress and the Nation that the amendment process has been completed.
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Presidents can transmit proposed amendments to states
The President does not have a constitutional role in the amendment process. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after they were approved by Congress.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, 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 ministerial duties associated with this function to the Director of the Federal Register.
Once an amendment is proposed by Congress, it is sent to the states for ratification. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
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.
The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification.
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Frequently asked questions
No, the President does not have a constitutional role in the amendment process. However, some presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification.
There is no fixed frequency for presidents calling for constitutional amendments. Some examples of presidents calling for constitutional amendments include President George Washington, who sent the first 12 proposed amendments, and President Jimmy Carter, who signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states).
