Simone Lawson
The process of ratifying the United States Constitution was a critical step in establishing the country's new government and political system. Following the drafting of the Constitution by delegates at the Constitutional Convention in Philadelphia in 1787, the document had to be ratified by the states before it could become the law of the land. This process involved sending copies of the proposed Constitution to each state, which then held ratifying conventions to either accept or reject it. This approach, which avoided asking state legislators to approve a document curtailing their own power, allowed for direct representation of the people's will and made the federal Constitution superior to specific legislatures. The Constitution required ratification by nine of the thirteen states, and Delaware became the first state to do so on December 7, 1787. The process of ratification and the compromises made during the Constitutional Convention set a precedent for future amendments and changes to the nation's governing document.
| Characteristics | Values |
|---|---|
| Who has the authority to amend the Constitution? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Who is responsible for administering the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Who do proposed amendments get submitted to for consideration? | The Governors of each state |
| What is required for a proposed amendment to become part of the Constitution? | Ratification by three-fourths of the States (38 out of 50) |
| What is an alternative method of proposing an amendment? | Through a constitutional convention |
| Who attends ratification conventions? | Delegates elected by their neighbors to represent their interests |
| How many states were required to ratify the Constitution in 1787? | Nine out of thirteen |
| What was the date of the first presidential election under the ratified Constitution? | Monday, December 15, 1788 |
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What You'll Learn
The role of the Archivist of the United States
The Archivist of the United States plays a crucial role in the process of amending the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. While the Archivist has delegated many of the ministerial duties to the Director of the Federal Register, they still play a key role in ensuring the smooth functioning of the ratification process.
Once Congress proposes an amendment in the form of a joint resolution, the original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then prepares an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification. This is where the Archivist steps in; they submit 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 Archivist's role is not just limited to initiating the process but also extends to receiving and preserving the outcomes. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. This copy is then conveyed to the Director of the Federal Register for examination and safekeeping until an amendment is adopted or fails. The Archivist, through their delegation to the Director of the Federal Register, ensures the integrity and authenticity of the ratification process.
Additionally, the Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985. This ensures consistency and continuity in the ratification process, even as the responsibilities shifted from different offices to the Archivist of the United States and NARA.
In conclusion, the Archivist of the United States holds a significant position in the constitutional amendment process. By overseeing the ratification process, the Archivist ensures that any changes to the Constitution are properly administered, documented, and preserved for posterity. This role contributes to the transparency and integrity of the process, allowing for a clear record of the evolution of the nation's governing document.
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Ratification by state conventions
State ratifying conventions are a way to consider the pros and cons of a proposed amendment, and they allow the sentiments of registered voters to be more directly expressed on sensitive issues. The delegates of the conventions are presumably average citizens and may be less likely to bow to political pressure to accept or reject an amendment compared to state legislators. Congress may also choose this method to bypass powerful lobbies that remain influential in state legislatures.
The 21st Amendment, ratified in 1933, is the only amendment to the Constitution that has been ratified through state conventions. Thirty-eight state conventions considered the ratification of the 21st Amendment, and most of the delegates were pledged to vote for the repeal of the 18th Amendment. The delegates did not engage in significant deliberation on an issue that already received strong popular support.
In Delaware, the governor announces an election of delegates, with the latest date being the next general election held at least three months after the amendment is proposed. The convention has 17 members, with seven from New Castle County, five from Kent County, and five from Sussex County. Candidates are nominated by petition, and nine slates are selected based on the petitions with the most signatures.
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Ratification by state legislatures
The OFR plays a crucial role in the ratification process. It adds legislative history notes to the joint resolution, publishes it in slip law format, and assembles an information package for the States. This package includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification. The Archivist of the United States, who heads NARA, then submits the proposed amendment to the States by sending a letter of notification to each Governor, along with the informational material prepared by the OFR.
At this point, the process can vary slightly depending on the state. In some states, the Governor formally submits the amendment to their State legislature. The State legislature then proposes a resolution, memorial, or proclamation of ratification and votes on it in each chamber. If the resolution passes, the State has ratified the amendment. It is important to note that a state legislature cannot change a proposed amendment but must accept or reject it as written.
In other states, the Governor may call for a state ratifying convention instead of submitting the amendment directly to the State legislature. This method was used for the ratification of the 21st Amendment in 1933 and is seen as a way to potentially bypass the state legislatures and allow the sentiments of registered voters to be more directly considered. The convention is typically composed of delegates, who may be legislators or specially elected citizens, and they deliberate and vote on the proposed amendment.
Once a state has ratified a proposed amendment, it sends an original or certified copy of the State action to the Archivist of the United States. The OFR examines the ratification documents for legal sufficiency and authenticity before acknowledging receipt and maintaining custody of them until an amendment is adopted or fails. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50).
This process of ratification by state legislatures, with the option of calling for a state ratifying convention, provides a structured yet flexible framework for considering and adopting amendments to the United States Constitution.
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The number of states required to ratify
Article VII of the U.S. Constitution, agreed upon by the delegates, stipulated that the document required ratification by nine of the thirteen existing states. This requirement was based on the precedent set in the Confederation Congress, where nine states were needed to make important decisions such as declaring war or admitting new states.
The approach to ratification was unusual, as previous attempts to amend the Articles of Confederation had failed due to the requirement of unanimous approval by state legislatures. By substituting state conventions instead of state legislatures, the framers of the Constitution avoided asking legislators to approve a document that would curtail their power.
The process of ratification began with the sending of copies of the Constitution to each of the states, which held ratifying conventions to either accept or reject it. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. Virginia became the tenth state to grant approval on June 25, 1788, and the approval of New York, which faced considerable opposition, was a significant hurdle.
The U.S. Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document. This highlights the importance of considering the number of states required to ratify and the potential challenges in achieving unanimous approval.
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The process of amending the constitution
The process of amending the US Constitution is a complex and lengthy one, derived from Article V of the Constitution. It involves multiple steps and the participation of various stakeholders, including Congress, the Archivist of the United States, state governors, and state legislatures.
The process begins with the proposal of an amendment, which can occur in two ways. Firstly, Congress may propose an amendment by achieving a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which 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, publishes the resolution in slip law format, and assembles an information package for the states.
The second method for proposing an amendment is through a constitutional convention, which can be called for by two-thirds of the state legislatures. However, in practice, all amendments to date have been proposed by Congress, and no amendments have originated from a constitutional convention.
Once the amendment is proposed, the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist delegates many ministerial duties to the Director of the Federal Register, following procedures established by the Secretary of State and the Administrator of General Services in the past. The Archivist submits the proposed amendment to the states by sending a letter of notification to each state 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 Congress's specifications. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). When a state ratifies, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register. The OFR examines the ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, 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 serves as official notice of the amendment's completion.
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Frequently asked questions
After Congress proposes an amendment in the form of a joint resolution, the Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50).
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States and receives the original or certified copy of the State action when a State ratifies it.
By involving state legislatures in the ratification process, the framers would have had to ask the legislators to approve a document that would require them to give up some of their power. Instead, ratification conventions were held, where delegates elected by their neighbours represented their interests and placed limits on the power of their state legislators.
