Amending The Constitution: A Difficult Task

Amending the Constitution is a challenging and lengthy process. The United States Constitution was designed to endure, and its framers intentionally made the amendment process difficult. A proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by three-quarters of the state legislatures. This process ensures that any changes made to the Constitution are thoroughly considered and have a significant impact on the country and its citizens. The amendment process also involves the Archivist of the United States, who is responsible for certifying and preserving the amendments, and the Director of the Federal Register, who plays a key role in the ratification process. While the process is challenging, it is possible for amendments to be made, with the Constitution being amended 27 times since its drafting in 1787.

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The United States Constitution was written to endure

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution made it difficult to amend the document, and it has only been amended 27 times since 1787, a challenging and time-consuming process.

Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. The President does not have a role in the process, and the joint resolution does not require their signature or approval. A proposed amendment must then be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or conventions.

The process is designed to ensure that only significant changes become amendments, affecting all Americans or securing the rights of citizens. It is not meant for any idea to improve America but for those of major impact. The difficulty of amending the Constitution was evident when supporters of congressional term limits and a balanced budget amendment were unsuccessful in their efforts to secure new amendments.

The process of amending the Constitution has remained consistent, with the authority to do so derived from Article V of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process, although the specific procedures are not outlined in detail in Article V or the relevant statutes. The Archivist follows established customs, and the certification of the amendment is published in the Federal Register and U.S. Statutes at Large, serving as official notice of the completion of the amendment process.

The United States Constitution's enduring nature is further highlighted by the fact that none of the 27 amendments have been proposed by a constitutional convention. The challenging amendment process ensures that any changes to the Constitution are carefully considered and widely supported, reflecting the framers' intention for it to last "for ages to come".

The amendment process is difficult and time-consuming

Amending the US Constitution is a challenging and lengthy process. The framers of the Constitution intended for it to be a difficult task, as Chief Justice John Marshall wrote in the early 1800s, "to endure for ages to come." The Constitution has been amended only 27 times since it was drafted in 1787, demonstrating the rarity of successful amendments.

The amendment process begins with a proposal by Congress, requiring a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can request Congress to call a Constitutional Convention, although this has never occurred. Once proposed, an amendment must be ratified by three-fourths of the state legislatures, or 38 out of 50 states. This ratification process is managed by the Archivist of the United States, who oversees the administrative duties and ensures the amendment's validity.

The high threshold for passing amendments ensures that only significant changes affecting all Americans or securing citizens' rights are made. For example, the ERA Amendment failed to pass the necessary majority in the state legislatures in the 1980s. Additionally, the process can be influenced by political factors, such as the focus on re-election by members of Congress, as noted by retired federal judge Malcolm R. Wilkey.

The amendment process also involves various procedural steps, including the preparation of information packages for the states and the examination of ratification documents for legal sufficiency and authenticity. The Director of the Federal Register plays a crucial role in this process, maintaining custody of the documents until an amendment is adopted or fails. The entire amendment process is carefully managed to ensure the integrity of the Constitution and avoid hasty or unnecessary changes.

While the amendment process is deliberately challenging, it is not impossible. Successful amendments, such as the Bill of Rights, demonstrate that significant changes can be made when there is sufficient support and consensus across the country. However, the framers intended for the Constitution to be a stable and enduring document, and the amendment process reflects this intention.

The role of the President

Amending the US Constitution is a challenging and lengthy process. The document was designed to "endure for ages to come", and the framers intentionally made it difficult to amend. Since its drafting in 1787, there have only been 27 amendments, illustrating the rarity of successful attempts. The process of amending the Constitution is outlined in Article V of the Constitution, which does not establish a specific role for the President in this process.

The President can propose legislation to Congress, and some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. However, this role is considered ministerial, and the President's signature is not required for the submission of a constitutional amendment.

The President can also veto legislation, but the Supreme Court has ruled that the President cannot veto a proposed amendment. This was demonstrated in the 1920 case of Hawke v. Smith, where President Jimmy Carter attempted to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

While the President does not have a constitutional role in the amendment process, they may attend the ceremonial function when the certification of an amendment is signed.

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State constitutions are amended regularly

Amending the US Constitution is a challenging and lengthy process. It has only been amended 27 times since 1787, including the first ten amendments, which were adopted in 1791 as the Bill of Rights. The framers of the Constitution intended for it to endure for a long time, and so they made the process of amending it difficult.

State constitutions, on the other hand, are amended regularly and are much easier to modify. The constitutions of the 50 states have been amended approximately 7,000 times. States offer multiple paths for amending their constitutions, and the frequency of amendments varies. Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average. In contrast, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions about once every three to four years.

State legislatures generate more than 80% of constitutional amendments considered and approved annually. The ease of amending state constitutions varies, with some requiring only majority support, while others demand supermajority legislative backing. Ten states allow amendments to be approved by a majority vote in a single session, the easiest route to legislative approval. Twenty-five states set a higher threshold, with 16 requiring a two-thirds vote.

Citizen-initiated amendments make up fewer than 20% of amendments adopted each year. However, states like California and Colorado consider these at a faster pace. Combined initiated constitutional amendments and state statutes, which amend both a state's constitution and state statute, are permitted in at least two states. In Colorado, for instance, a combined amendment requires 5% of the votes cast for the Colorado secretary of state in the preceding general election.

The Archivist's role in the amendment process

Amending the US Constitution is a difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in this process.

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. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this certification is a ceremonial function and serves as official notice to Congress and the nation that the amendment process is complete.

It is important to note that the Archivist does not make any substantive determinations regarding the validity of state ratification actions. Instead, the Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist has also delegated many ministerial duties associated with this process to the Director of the Federal Register.

In summary, while the Archivist of the United States plays a crucial administrative role in the amendment process, the Archivist does not have the authority to make substantive decisions regarding the validity of amendments. Their role is to ensure the smooth functioning of the process and facilitate communication between Congress and the states during the ratification process.

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