Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the Constitution. The Constitution has been amended 27 times since it was first drafted in 1787, and the process is challenging and time-consuming. 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who delegates many duties to the Director of the Federal Register. The process has been refined over the years, with various dignitaries, including the President, sometimes participating in the signing of the certification.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal | Constitutional convention called for by two-thirds of state legislatures |
| Number of amendments to the Constitution | 27 |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment certification | Signed by dignitaries such as the President, Archivist, and Director of the Federal Register |
Explore related products
$9.99 $9.99
![The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p49hyM5WL._AC_UY218_.jpg)
What You'll Learn
The amendment proposal
The subject matter of an amendment proposal must be significant, impacting all Americans or securing the rights of citizens. Examples of past amendments include granting women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age.
Once an amendment is proposed, it must be ratified. Ratification occurs when three-quarters of the States (38 out of 50) approve the amendment. The Office of the Federal Register (OFR) plays a crucial role in this process, adding legislative history notes to the joint resolution and publishing it in slip law format. The OFR also provides an information package to the States, which includes formal copies of the joint resolution.
Upon receiving the required number of authenticated ratification documents, the OFR drafts a formal proclamation for the Archivist of the United States to certify. This certification confirms that the amendment is valid and has become an official part of the Constitution. The certification ceremony has, in recent times, been attended by dignitaries, including the President on certain occasions. The certification is then 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 Voting Rights Act: African American Men's Suffrage
You may want to see also
Ratification process
The authority to amend the US Constitution is derived from Article V of the Constitution. 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. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
When Congress proposes an amendment, it is done through a joint resolution. This resolution does not go to the White House for signature or approval and is instead 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 to the joint resolution and publishes it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory pro.
Once the proposed amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. The OFR verifies that it has received the required number of authenticated ratification documents and then 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. The Archivist does not make any substantive determinations regarding the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, such as the President. While the President does not have a constitutional role in the amendment process, they may witness the certification. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
Amendments: How They Change Our Constitution
You may want to see also
The role of the Archivist
The Archivist of the United States plays a crucial role in the amendment process outlined in the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. While the Archivist has delegated many of the day-to-day duties to the Director of the Federal Register, they still play a vital role in ensuring the smooth functioning of the amendment process.
The Archivist's primary responsibility is to ensure the proper execution of the ratification process. Once an amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, the original document is sent to the NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format. They also prepare an information package for the States.
The Archivist's role becomes crucial when the OFR verifies that it has received the required number of authenticated ratification documents from the States. At this point, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is a formal proclamation, signifying the completion of the amendment process. The Archivist's signature on this document carries significant weight and finality.
In recent history, the signing of the certification has taken on a ceremonial aspect, with the participation of dignitaries, including the President. While the Archivist's role is primarily administrative, it is nonetheless an essential function in ensuring the integrity of the amendment process. The Archivist follows established procedures and customs, maintaining the continuity of this important democratic process.
Republicans' Constitutional Amendments: A Radical Trio
You may want to see also
Explore related products
Congress and the Senate
The process of amending the US Constitution is laid out in Article V of the Constitution. Congress proposes an amendment 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. Once the amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist does not make any substantive determinations on the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive. The amendment process also involves the Director of the Federal Register, who signs the certification as a witness, and the OFR, which verifies that the required number of authenticated ratification documents have been received.
An amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50). The OFR then 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.
It is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. While this option exists, with two-thirds of state legislatures being able to request one, it has never been utilised.
Amending the Constitution: Our Living, Breathing Document
You may want to see also
State legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution may be amended either by Congress or by a constitutional convention.
For the former, a two-thirds majority vote is required in both the House of Representatives and the Senate. Notably, none of the 27 amendments to the Constitution have been proposed by constitutional convention, despite this being an option. Two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. This has never happened, but the idea has its supporters.
Once an amendment is proposed, it must be ratified. This can be done in two ways: by the legislatures of three-fourths of the states (i.e., 38 of 50 states), or by conventions in three-fourths of the states. The mode of ratification is proposed by Congress.
The process of amending the Constitution is intentionally difficult and time-consuming. This is to ensure that any changes made are widely supported and carefully considered.
The Prohibition Amendment: Outlawing Alcohol's Dark History
You may want to see also
Frequently asked questions
The authority to amend the US Constitution comes from Article V of the Constitution.
Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate.
The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. However, in recent history, the President has attended the signing of the certification as a ceremonial function.
The original document is forwarded to the National Archives and Records Administration (NARA)'s Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, along with an information package for the States.
A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50 States). The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment as valid. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
