Eleanor Finch
The process of amending a flexible constitution can be complex and time-consuming, as is the case with the United States Constitution, which has only been amended 27 times since its drafting in 1787. The US Constitution outlines a two-step process for amendments: first, an amendment must be proposed, and second, it must be ratified or approved. Amendments can 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. For an amendment to be ratified, it must be approved by three-fourths of the states' legislatures, with the option for citizens to vote on it as well. While the formal amendment process is challenging, the US Constitution has also been informally amended over time due to the flexibility built into the document by its framers, allowing for interpretation and application to evolve.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment process | A two-step process: proposal and ratification, both requiring a supermajority |
| Number of amendments | 27 since 1787 |
| Difficulty of amendment process | High, to ensure the longevity of the document |
| Flexibility | Interpreted and applied differently by different branches of government, allowing for change over time |
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What You'll Learn
The two-step process: propose, then ratify
The process of amending a flexible constitution is a formal and meticulous procedure. While constitutions are designed to be flexible and adaptable to the changing needs of a nation, the amendment process is deliberately difficult and time-consuming to ensure stability and longevity.
The two-step process of proposing and ratifying an amendment is outlined in Article V of the Constitution. Firstly, an amendment must be proposed. This can be done in two ways: by Congress or by a national convention. For Congress to propose an amendment, it must pass with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request Congress to call a national convention to propose an amendment. It is worth noting that, historically, all amendments have been proposed by Congress.
Once an amendment is proposed, it must be ratified or approved. Congress chooses the method of ratification, which can be done through state legislatures or state conventions. For ratification by state legislatures, at least three-fourths of the states' legislatures must approve the amendment. Citizens may also be given the opportunity to vote on the amendment before the legislative vote. Ratification by state conventions requires the approval of at least three-fourths of the states' conventions.
After an amendment is ratified, the relevant documents are sent to the Archivist of the United States, who administers the final steps of the process. The Archivist delegates many of the duties to the Director of the Federal Register, who examines the ratification documents for authenticity and legal sufficiency. Once the documents are verified, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register, marking the completion of the amendment process.
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The role of the Archivist
An archivist is an information professional who assesses, collects, organises, preserves, maintains control over, and provides access to records and archives deemed to have long-term value. Archivists work for a variety of organisations, including government agencies, local authorities, museums, hospitals, universities, and any institution whose records may be valuable to researchers.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when Congress proposes an amendment to the Constitution. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Archivist is responsible for certifying that an 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 that the amendment process has been completed.
Archivists play a crucial role in preserving historical records and making them accessible to the public. They help develop and write collection development policies, determining what materials to collect and establishing intellectual and physical control over those materials. They process and arrange the materials, ensuring proper storage and preservation, and providing access to researchers. Archivists also safeguard the materials by implementing security measures to prevent loss or theft.
In addition to their work with records, archivists may also assist patrons with their research, helping them uncover relevant materials and interpreting information. They may also be involved in education, lecturing on subjects related to their collections. The role of the archivist is distinct from that of a librarian, with separate training and principles, though both professions involve the preservation and accessibility of materials.
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Congress proposes an amendment
The process of amending a flexible constitution can be initiated by Congress proposing an amendment. This is derived from Article V of the Constitution, which outlines two methods for proposing amendments.
The first method, which has been utilised 33 times since the Founding, involves a two-thirds majority vote in both the House of Representatives and the Senate. This vote is based on the members present and does not require the entire membership to be present. It is important to note that none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Once the amendment is proposed, it is 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 this process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the States, which includes formal "red-line" copies of the joint resolution and other relevant documents.
Following this, the proposed amendment is submitted to the States for their consideration. The Archivist of the United States sends a letter of notification to each 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, as specified by Congress.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). When a State ratifies the proposed amendment, they send an original or certified copy of the State action to the Archivist, who then forwards it to the Director of the Federal Register. The OFR examines these documents for authenticity and legal sufficiency. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify the validity of the amendment. This certification is then published in the Federal Register and U.S. Statutes at Large, marking the completion of the amendment process.
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State legislatures' approval
The process of amending a flexible constitution, such as that of the United States, is outlined in Article V of the Constitution. This process involves two steps: proposing an amendment and getting it ratified or approved.
State legislatures play a crucial role in both proposing and ratifying amendments. To propose an amendment, two-thirds of state legislatures must request Congress to call a national convention. However, in reality, all amendments to the US Constitution have been proposed by Congress so far, with none proposed by a constitutional convention.
The process of ratification by state legislatures is more commonly used. After an amendment is proposed by Congress, it is forwarded to the states for ratification. State legislatures may vote on the proposed amendment, and it becomes part of the Constitution once ratified by three-fourths of the states (38 out of 50). The states' citizens may also be involved in this process, as the state legislature may request them to vote on the amendment before the legislative vote.
The role of the state legislatures in amending a flexible constitution is essential to ensuring that any changes reflect the will of the people and are in the best interests of the states. This process allows for a more democratic and representative approach to constitutional amendments, ensuring that the constitution remains a living, flexible document that can adapt to the changing needs and values of the nation.
While the formal amendment process can be time-consuming and challenging, it is designed to protect the constitution's integrity and ensure that any changes have a lasting and positive impact on the nation.
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The role of the President
The President does not have a constitutional role in the amendment process. However, the President may be involved in the ceremonial function of signing the certification of an amendment's validity.
Historically, the role of the President has been limited to ceremonial functions and the enactment of constitutional amendments. For example, the Twenty-second Amendment, which limited a president's time in office to two terms, was signed by President Harry S. Truman in 1951. This amendment formalized a precedent set by George Washington, who served two terms before returning to private life.
The President's involvement in the amendment process is primarily through their role as a leader and representative of the people. They may endorse or propose amendments, but this does not constitute a formal role in the amendment process. For example, President Clinton endorsed the idea of a crime victims' rights amendment, and President Roosevelt's election to a third term in 1940 contributed to the enactment of the Twenty-second Amendment.
The President's power to influence the amendment process is indirect and relies on their ability to shape public opinion and work with Congress, which has the authority to propose and approve amendments. They do not have the authority to propose or approve amendments independently, as this power rests with Congress and the state legislatures.
While the President's role in amending a flexible constitution is limited, their involvement in ceremonial functions and their influence as a leader can still impact the process and outcome of constitutional amendments.
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Frequently asked questions
A flexible constitution is a constitution that allows for interpretation and application by different branches of government, enabling it to change and adapt to new situations and technologies over time.
The process of amending a flexible constitution can vary depending on the specific constitution and the country's laws. However, in the case of the United States Constitution, which is considered a flexible constitution, the process is as follows: an amendment must be proposed and then ratified or approved. Both steps require a supermajority, with the approval of at least two-thirds of both the House and the Senate, and ratification by three-fourths of the state legislatures.
Amendments to a flexible constitution can be proposed by Congress or by delegates at a national convention. At least two-thirds of the state legislatures must request Congress to call a national convention for proposing amendments.
The United States Constitution has been amended 27 times since it was drafted in 1787. This includes the first 10 amendments, known as the Bill of Rights, and the 22nd Amendment, which limited the president's time in office to two terms.
