Omar Bennett
The process of amending the US Constitution is a complex one. New rules added to the Constitution are called Amendments, and there have been 27 of them since the Constitution was first written. 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. After an amendment is proposed, 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 ratified by three-fourths of the States, it becomes part of the Constitution. The first 10 amendments, ratified in 1791, are known as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention |
| Amendment ratification | By three-fourths of the States (38 out of 50) |
| Amendment process role of the President | None |
| Number of amendments to date | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of ratification of the Bill of Rights | December 15, 1791 |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
- The Archivist of the United States administers the ratification process
- A proposed amendment becomes part of the Constitution when ratified by three-quarters of states
- The first 10 amendments are known as the Bill of Rights
- The Tenth Amendment was used to determine the federal government's authority to enact policies through the Commerce Clause
Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
New rules added to the US Constitution are called Amendments. There have been 27 amendments to the Constitution since it was first written, with the first 10 being known as the Bill of Rights.
The Archivist then submits the proposed amendment to the States for their consideration, sending a letter of notification to each Governor along with informational material. 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 conveyed to the Director of the Federal Register.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist, who heads the National Archives and Records Administration (NARA), assumes this responsibility under the provisions of 1 U.S.C. 106b.
Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration. Specifically, the Archivist sends a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). 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. The Archivist then conveys this to the Director of the Federal Register, who examines the 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.
A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50 States). At this point, 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 current Archivist of the United States, Dr. Colleen Shogan, has affirmed her responsibility to uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law.
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A proposed amendment becomes part of the Constitution when ratified by three-quarters of states
The process of amending the US Constitution is outlined in Article V of the Constitution. After an amendment is proposed by Congress, it is the responsibility of the Archivist of the United States, who is at the helm of the National Archives and Records Administration (NARA), to administer the ratification process.
The Archivist of the United States delegates many of the duties associated with this function to the Director of the Federal Register. The Director of the Federal Register follows procedures and customs established by the Secretary of State and the Administrator of General Services.
Once an amendment is proposed by Congress, the original document is sent directly to NARA's 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. The OFR also assembles 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 procedure for ratification.
The Archivist then 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. A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the States (38 out of 50 States). When 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.
Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. To date, there have been 27 amendments to the Constitution, the first 10 of which are known as the Bill of Rights.
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The first 10 amendments are known as the Bill of Rights
In the United States, the process of amending the Constitution is outlined in Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who is at the helm of the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process.
The first 10 amendments to the US Constitution are collectively known as the Bill of Rights. The amendments were written by James Madison, then a member of the US House of Representatives, to limit government power and protect individual liberties. Madison's original changes to the Constitution were met with opposition, and so they were presented as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, and these were sent to the states for approval in August 1789. The Bill of Rights became law on December 15, 1791.
The First Amendment protects the freedom of speech, freedom of assembly, and the right to petition the government. It also prohibits the government from establishing a religion or interfering with the free exercise thereof. The Second Amendment guarantees the right to keep and bear arms, while the Third Amendment states that no soldier shall be quartered in a house without the owner's consent. The Fourth Amendment protects citizens' privacy by requiring a warrant for searches and arrests. The Fifth Amendment provides several protections for people accused of crimes, including the right to due process and protection against double jeopardy. It also states that private property cannot be taken away without just compensation. The Sixth Amendment provides additional protections for those accused of crimes, including the right to a speedy and public trial, an impartial jury, and the right to legal representation. The Seventh Amendment extends the right to a jury trial in Federal civil cases, while the Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people, and the Tenth Amendment affirms that powers not delegated to the federal government are reserved for the states or the people.
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The Tenth Amendment was used to determine the federal government's authority to enact policies through the Commerce Clause
In the United States, new rules added to the Constitution are called Amendments. The process of amending the Constitution is outlined in Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States is responsible for administering the ratification process. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50).
The Tenth Amendment, ratified in 1791, is part of the Bill of Rights and states:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Tenth Amendment emphasizes the limited nature of the federal government and the reserved powers of the states and the people. It has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its authority.
One example of the Tenth Amendment being used to determine the federal government's authority to enact policies through the Commerce Clause is United States v. Lopez (1995). In this case, the Supreme Court struck down a federal law creating "gun-free zones" on public school campuses, ruling that there was no clause in the Constitution authorizing the federal law. This ruling limited the federal government's power under the Commerce Clause and was the first modern Supreme Court opinion to do so.
Another case where the Tenth Amendment was applied to restrict the federal government's power under the Commerce Clause is New York v. United States (1992). The Supreme Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which required states to assume responsibility for the disposal of radioactive waste within their borders. The Court ruled that this imposition on the states violated the Tenth Amendment.
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Frequently asked questions
New rules added to the constitution are called amendments.
There have been 27 amendments to the U.S. Constitution.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After 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. 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).
The first 10 amendments to the U.S. Constitution are known as the Bill of Rights.
