Constitutional Amendments: Creating Historical Turning Points

The process of amending or adopting a constitution varies across different jurisdictions. In the United States, the Constitution has been amended 27 times since it was drafted in 1787, with amendments proposed by Congress and ratified by three-quarters of the states. The Indian Constitution, on the other hand, has been amended 106 times since 1950, with amendments proposed by the National People's Congress and adopted by a two-thirds majority vote. Other countries, like Japan, have stringent amendment procedures, resulting in no amendments being passed despite the passage of time. The process of amending or adopting a constitution is complex and varies depending on the country's specific procedures and historical context.

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Amendments are proposed by Congress, with a two-thirds majority vote

Amendments to a constitution are proposed by a legislative body, such as Congress in the United States, with a two-thirds majority vote in both the House of Representatives and the Senate. This process is outlined in Article V of the US Constitution, which grants the authority to amend the document.

In the US, the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format, along with an information package for the states.

Once the OFR has received the required number of authenticated ratification documents from the states, it drafts a formal proclamation for the Archivist of the United States 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 worth noting that none of the amendments to the US Constitution have been proposed by a constitutional convention. Instead, all amendment proposals sent to the states for ratification have come through Congress. However, state legislatures can apply for a national convention to pressure Congress into proposing a desired amendment, as seen in the movement to amend the Constitution for the direct election of senators, which eventually became the Seventeenth Amendment.

Ratification by states: an amendment becomes part of the Constitution when ratified by three-quarters of states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. According to Article V, amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by at least two-thirds of the state legislatures. However, in practice, all amendment proposals sent to the states for ratification have come from Congress.

Once an amendment is proposed, it is submitted to the states for ratification. Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. This process is managed by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works closely with the Director of the Federal Register to administer the ratification process, following established procedures and customs.

State legislatures play a crucial role in this process. They can choose to ratify the amendment directly, or they can call for a convention specifically for deciding on ratification. In most cases, except for the Twenty-First Amendment, amendments have been ratified by state legislatures.

The ratification process involves states formally submitting the amendment to their state legislatures or calling for a convention, as specified by Congress. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register for examination and custody.

Once the Office of the Federal Register (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 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 process of amending the Constitution in the United States involves several steps, including proposal by Congress or state legislatures, ratification by three-quarters of the states, and certification by the Archivist. This ensures a deliberate and thorough process for making changes to the nation's foundational document.

The role of the Archivist of the United States in administering the ratification process

The Archivist of the United States is responsible for administering the ratification process when constitutions are amended or adopted. The Archivist, who heads the National Archives and Records Administration (NARA), is charged with this responsibility under the provisions of 1 U.S.C. 106b.

The process begins when Congress proposes an amendment in the form of a joint resolution. The original document is then forwarded to 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, as well as assembling an information package for the States. The Archivist then submits the proposed amendment to the States' Governors for their consideration.

The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines these 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 an amendment is ratified by three-quarters of the States (38 out of 50), the OFR 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's certification of the facial legal sufficiency of ratification documents is final and conclusive.

The role of the Archivist of the United States in the ratification process is crucial to upholding the integrity of the constitutional amendment process and ensuring that changes to the Constitution are carried out in accordance with the law. The Archivist must remain impartial, following established legal processes and decisions, and ensuring the preservation and accessibility of important governmental records.

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State legislatures can pressure Congress by applying for a national convention

The United States Constitution provides for two methods of proposing amendments: through Congress or a convention of states. While all amendments to the Constitution have been proposed by Congress, state legislatures can pressure Congress by applying for a national convention.

Article V of the Constitution establishes that Congress shall propose amendments whenever two-thirds of both Houses deem it necessary. Alternatively, on the application of two-thirds of the state legislatures, Congress shall call a convention for proposing amendments. This convention method has never been used, but it provides an avenue for states to influence the amendment process.

State legislatures have, at various times, exercised their power to apply for a national convention to pressure Congress into proposing a desired amendment. For example, in the late 19th century, a movement emerged to amend the Constitution to provide for the direct election of senators. While proposals regularly passed the House of Representatives, they were blocked in the Senate. In response, more and more state legislatures adopted resolutions demanding a convention, eventually pressuring the Senate to relent and approve what became the Seventeenth Amendment.

In recent years, there has been a revival of the movement for a convention of states. As of 2017, at least 29 states had joined the push for a national convention, primarily to propose a balanced budget amendment. Other issues that have been raised include restricting the power of the federal government and addressing campaign finance reform.

The convention method for proposing amendments has sparked debates and concerns. Some scholars argue that it could be a way for states to prod Congress into addressing specific issues. However, there is a fear of a ""runaway convention," where a convention called for one subject strays into proposing amendments on other matters. This concern has contributed to the reluctance to use the convention method, despite its potential to bypass congressional opposition to certain amendments.

The Constitution can be amended by a convention called by two-thirds of state legislatures

The Constitution of the United States can be amended in two ways. One way is through a two-thirds majority vote in both the House of Representatives and the Senate, also known as Congress. The other way is by a convention called for by two-thirds of the state legislatures. This second method has never been used, and all 27 amendments to the Constitution have been proposed by Congress.

The process of amending the Constitution is outlined in Article V of the Constitution. While Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

Once an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). This can be done through the state legislatures or through conventions in a like number of states, with the method of ratification left to the choice of Congress.

State legislatures have, at various times, used their power to apply for a national convention to pressure Congress into proposing a desired amendment. For example, in the late 1890s, a movement emerged to amend the Constitution to provide for the direct election of senators. Over time, more and more state legislatures adopted resolutions demanding that a convention be called, pressuring the Senate to approve what later became the Seventeenth Amendment.

In summary, while the United States Constitution can be amended by a convention called by two-thirds of the state legislatures, this method has never been used. All amendments to date have been proposed by Congress and ratified by three-fourths of the states.

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