Amendments: A Living Constitution

The Constitution of the United States has been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted as the Bill of Rights in 1791. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing and ratifying amendments. Firstly, two-thirds of both houses of Congress can vote to propose an amendment, or secondly, two-thirds of state legislatures can request Congress to convene a national convention to propose amendments. For an amendment to be ratified, it must be approved by three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states within a reasonable time after the proposal, although there is no clear definition of what constitutes a reasonable time. The amendment process is challenging and time-consuming, and amendments are typically reserved for significant issues that affect all Americans or protect the rights of citizens.

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Amendments are proposed by Congress with a two-thirds majority in both the House and Senate

The Constitution of the United States has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the two ways to propose and ratify amendments. One of the ways to propose amendments is for Congress to achieve a two-thirds majority vote in both the House of Representatives and the Senate. This process bypasses the President, who does not have a constitutional role in the amendment process. The joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.

The amendment process is challenging and time-consuming. Amendments proposed by Congress must be passed by two-thirds of both houses of Congress. This is a high threshold, requiring broad bipartisan support for an amendment to advance. Once an amendment is passed by Congress, it must then be ratified by the legislatures of three-fourths of the states (38 out of 50 states). This ensures that any change to the Constitution reflects the will of a significant majority of the country.

The time between proposal and ratification is not specified and has varied historically. The Supreme Court has ruled that ratification must occur within "some reasonable time" after the proposal. In some cases, such as the 18th, 20th, 21st, and 22nd amendments, the period set was seven years. However, there is no definitive interpretation of what constitutes a "reasonable time," and the validity of an amendment does not depend on the time between proposal and ratification.

The content of amendments must meet a high bar, representing significant changes that affect all Americans or secure the rights of citizens. Examples of amendments include granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age to 18. Other proposed amendments include allowing voluntary school prayer, making English the official language, and abolishing the Electoral College.

The Archivist of the United States administers the ratification process

The process of amending the Constitution of the United States is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution. The process begins with Congress proposing an amendment in the form of a joint resolution. The original document is then forwarded to the 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. An information package is also assembled 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 procedure for ratification.

The Archivist of the United States, who currently is Colleen Joy Shogan, heads the National Archives and Records Administration (NARA) and is responsible for administering the ratification process. The Archivist submits 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 Governors then formally submit the amendment to their State legislatures or call for 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 order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.

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. The Archivist's role is to ensure that the constitutional amendment process is upheld with integrity and that any changes to the Constitution are carried out in accordance with the law.

State legislatures can also propose amendments

The Constitution of the United States has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified four years later as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing and ratifying amendments. One of these methods involves state legislatures playing a key role in initiating the amendment process.

State legislatures can propose amendments by requesting that Congress call a national convention. This requires the support of two-thirds of the state legislatures, and it has never happened in the history of the United States. However, there have been calls for a Constitutional Convention by some individuals, such as retired federal judge Malcolm R. Wilkey, who argued that "the Constitution has been corrupted by the system, leading to gridlock and excessive influence by interest groups."

The proposal of amendments by state legislatures through a Constitutional Convention is designed to enable state governments to address errors or issues that may arise in the Constitution. This process allows for a direct involvement of the states in amending the Constitution, bypassing the usual route of Congressional approval. It provides a mechanism for states to initiate changes that may be necessary to correct faults or interpretative issues within the document.

Once an amendment is proposed by a national convention called by two-thirds of state legislatures, it must then be ratified. Ratification can occur in two ways, as outlined in Article V. The first method requires approval by three-fourths of the state legislatures, while the second method involves ratifying conventions in three-fourths of the states. The Supreme Court has emphasised that ratification must occur within a "reasonable time" after the proposal, although the specific timeframe for this reasonable period is not defined.

The process of amending the Constitution through state legislatures is a deliberate and challenging endeavour. It ensures that any changes to the Constitution reflect the consensus of a supermajority of states and are not made hastily. The involvement of state legislatures in proposing and ratifying amendments underscores the importance of federalism and the role of states in shaping the nation's foundational document.

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A constitutional convention can be called to propose amendments

The Constitution of the United States provides that an amendment may be proposed by a constitutional convention called for by two-thirds of the State legislatures. This is also referred to as an Article V Convention, state convention, or amendatory convention. It is one of two methods authorized by Article Five of the United States Constitution for proposing amendments. The other method is a two-thirds vote in both houses of Congress, which has been used for all 27 amendments to the Constitution so far.

The process for calling a constitutional convention to propose amendments is as follows:

First, two-thirds of the state legislatures (34 out of 50) must apply to Congress for a convention. This application must include the subject matter of the proposed amendments. The concern around not specifying the subject matter is that the convention could become a "runaway convention", attempting to exceed its scope. However, even if a convention did attempt to exceed its scope, none of the amendments it proposed would become part of the Constitution without ratification by three-fourths of the states (38 out of 50), which is more than the number of states required to call the convention.

Once the applications are received by Congress, they must call a convention for proposing amendments. The amendments proposed at the convention must be within the scope of the subject matter specified by the states. After the convention, the proposed amendments are sent 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 administering the ratification process to the Director of the Federal Register.

Finally, the proposed amendments must be ratified by three-fourths of the states to become part of the Constitution. This is the same number of states required to ratify amendments proposed by Congress.

A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States

The Constitution of the United States has been amended 27 times since it was drafted in 1787. The authority to amend the 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, a constitutional convention can be called for by two-thirds of the state legislatures. However, this has never happened in history.

Once an amendment is proposed, it becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50 States). This can be achieved through the approval of three-fourths of the state legislatures or ratifying conventions in three-fourths of the states. The ratification process must occur within a "reasonable time" after the proposal, although there is no definitive interpretation of how long a "reasonable time" is.

The process of amending the Constitution is deliberately difficult and time-consuming. It ensures that any changes made to the Constitution are well-considered and have a significant impact on the country and its citizens. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.

The Archivist of the United States is responsible for administering the ratification process and determining when an amendment has been ratified by the required number of states. This process is followed to ensure the careful and thoughtful amendment of the Constitution, guarding against both extreme facility and extreme difficulty in making changes.

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