Eleanor Finch
The process of amending the US Constitution is a difficult and time-consuming endeavour. Since the Constitution was drafted in 1787, it has only been amended 27 times, indicating the gravity and rarity of such an occurrence. The authority to amend the Constitution is derived from Article V, which outlines two ways to propose an amendment: through a two-thirds majority vote in both houses of Congress or by a constitutional convention called for by two-thirds of state legislatures. This article aims to provide a comprehensive guide on how to navigate the complex process of proposing and ratifying an amendment, including strategies for gaining the necessary support and overcoming potential obstacles.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposer | Constitutional convention called for by two-thirds of State legislatures |
| Amendment format | Joint resolution |
| Amendment submission | Formally submit the amendment to their State legislatures or call for a convention, as specified by Congress |
| Ratification | Ratified by three-fourths of the States (38 of 50 States) |
| Certification | Formal proclamation by the Archivist of the United States |
| Publication | Federal Register and U.S. Statutes at Large |
| Difficulty | High, as per Chief Justice John Marshall, "to endure for ages to come" |
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What You'll Learn
Gaining two-thirds majority support in Congress
Gaining a two-thirds majority support in Congress is a challenging task, as the amendment process is deliberately designed to be difficult and time-consuming. This is to ensure that any changes made to the Constitution are thoughtful and enduring. Here are some key considerations for gaining the necessary support:
First, it is essential to understand the amendment process and the role of Congress within it. The authority to propose amendments rests with Congress, which can do so through a joint resolution passed by a two-thirds majority vote in both the House of Representatives and the Senate. This proposal marks the critical first step in the amendment process, setting the stage for subsequent ratification by the states.
Given the super-majority requirement, building broad bipartisan support is crucial. This entails engaging in extensive negotiations and consensus-building between the two major parties, as well as addressing the concerns of individual members of Congress. The amendment must appeal to a wide range of ideological perspectives to garner the necessary votes.
The amendment's proponents should focus on its potential impact on Americans' lives and rights. Successful amendments address significant issues that affect a broad segment of the population or secure the rights of citizens. Framing the amendment in a way that highlights its importance to everyday Americans can help build support among lawmakers who want to respond to the needs of their constituents.
Additionally, it is essential to consider the political climate and timing of the proposed amendment. Some periods may be more conducive to amending the Constitution than others. For example, if there is widespread public sentiment for change or a particular issue gains momentum across political divides, it can increase pressure on Congress to act. Proponents should be strategic in assessing the political landscape and timing their efforts accordingly.
To gain support, a comprehensive lobbying strategy can be employed. This includes educating members of Congress and their staff about the amendment, highlighting its benefits, and addressing any concerns or misconceptions. Building coalitions with interest groups, non-profit organizations, and other stakeholders who can advocate for the amendment can also amplify its support in Congress.
Lastly, it is worth noting that while the President does not have a formal role in the amendment process, their endorsement or support for a particular amendment can influence Congress and generate additional momentum. Thus, seeking high-profile endorsements or partnerships can be advantageous. Overall, securing a two-thirds majority in Congress requires a well-planned strategy, broad appeal, and a compelling argument for why the amendment is necessary and beneficial.
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State legislatures: the role and process
The United States 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. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of state legislatures. The process of amending the Constitution is deliberately difficult and time-consuming, as the framers intended for it to be a challenging task.
State legislatures play a crucial role in the amendment process. After Congress proposes an amendment, governors submit the proposal to their state legislatures. State legislatures can then choose to take action on the proposed amendment. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with the amendment process to the Director of the Federal Register.
The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The Office of the Federal Register (OFR) retains these documents until an amendment is adopted or fails.
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). 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, serving as official notice to Congress and the nation that the amendment process is complete.
In summary, state legislatures have the power to initiate the amendment process by calling for a constitutional convention with a two-thirds majority. They also play a key role in ratifying proposed amendments, and their actions are essential for an amendment to become part of the Constitution. The process is deliberately challenging, reflecting the framers' intention for the Constitution to endure for ages.
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The Archivist's role and responsibilities
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when an amendment to the Constitution is proposed by Congress.
The Archivist's role is primarily procedural and administrative. They follow established procedures and customs, previously performed by the Secretary of State and the Administrator of General Services before NARA assumed responsibility in 1985. While the Archivist has delegated many of the ministerial duties to the Director of the Federal Register, they still play a crucial part in the process.
One of the key responsibilities of the Archivist is to receive and convey documents related to 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 immediately conveys this information to the Director of the Federal Register for examination and custody.
Additionally, the Archivist has the important task of certifying the validity of an amendment. Once the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies 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, serving as official notice to Congress and the nation that the amendment process is complete. The signing of this certification has, in recent times, become a ceremonial function attended by dignitaries, which may include the President.
While the Archivist does not make substantive determinations on the validity of State ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive. This ensures that the Archivist's role in the amendment process is impartial and focused on procedural correctness.
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The ratification process
The second method is through a constitutional convention, which has never occurred in US history. This method requires two-thirds of state legislatures to call for a convention, at which point Congress specifies whether governors should submit the amendment to their state legislatures or call for the convention.
Once the proposal stage is complete, the focus shifts to ratification. For an amendment to be ratified and become part of the Constitution, it must be ratified by three-fourths (38 out of 50) of the state legislatures. When a state ratifies, it sends an original or certified copy of the state's action to the Archivist of the United States, who is responsible for administering the ratification process. This copy is then conveyed to the Director of the Federal Register, who maintains custody of the documents.
The OFR plays a crucial role in the process by examining the ratification documents for facial legal sufficiency and authenticating signatures. Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
It is important to note that the process of amending the Constitution was designed to be challenging, ensuring the longevity and stability of the document. As Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come". Therefore, any idea for an amendment must have a significant impact on all Americans or secure the rights of citizens.
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The difficulty of amending the Constitution
The United States Constitution is notoriously difficult to amend, and its endurance has been a topic of debate and concern. Chief Justice John Marshall wrote in the early 1800s that the Constitution was "to endure for ages to come", and the framers intentionally made the process of amending it challenging. The Constitution has been amended only 27 times since it was drafted in 1787, and the last successful amendment was in 1992.
The process of amending the Constitution is intricate and time-consuming. An amendment must 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. The latter option has never been successfully achieved. Once proposed, the amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This requirement for supermajorities in both the proposal and ratification stages sets a high bar for any potential changes.
The difficulty in amending the Constitution has led to a backlog of proposed amendments, with approximately 11,848 measures put forward since 1789. Many of these proposals aim to make the Constitution more equal, inclusive, and just, but few make it beyond the initial stages. The current dynamics of American constitutional politics suggest that this trend is likely to continue.
Some commentators argue that the Constitution's rigidity is a cause for concern rather than a point of pride. They suggest that the document's outdated architecture on elections, federalism, and rights is in dire need of renovation. However, others believe that recent efforts to amend the Constitution go too far, and political fixes do not necessarily belong in such an enduring document.
Despite the challenges, proponents of amendments remain persistent, and the process, though difficult, is not impossible. The Constitution has been successfully amended in the past, and there is room for interpretation and evolution in its implementation.
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Frequently asked questions
The process to amend the constitution is a difficult and time-consuming task. 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. Once proposed, it must be ratified by three-fourths of the state legislatures.
Once an amendment is proposed, the Governors formally submit it to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The Archivist of the United States is responsible for administering the ratification process. They receive an original or certified copy of the State action from the Governors and delegate many of the ministerial duties associated with this function to the Director of the Federal Register. Once the Director of the Federal Register receives the required number of authenticated ratification documents, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
There have been 27 amendments to the Constitution since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights.
