Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the Constitution. The process consists of proposing an amendment and subsequent ratification. 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-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. 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 of amending the Constitution is challenging and time-consuming, with only 27 successful amendments since the Constitution was drafted in 1787.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment? | 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 the State legislatures |
| What happens after Congress proposes an amendment? | The Archivist of the United States administers the ratification process |
| What is the role of the OFR? | Examines ratification documents for legal sufficiency and authenticating signatures; maintains custody of documents until an amendment is adopted or fails |
| When does a proposed amendment become part of the Constitution? | When ratified by three-fourths of the States (38 out of 50) |
| What happens after ratification? | The OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution |
| What is the role of the President in the amendment process? | The President does not have a constitutional role; however, in recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President |
| How many times has the Constitution been amended? | 27 times since it was drafted in 1787 |
| What are some examples of amendments? | First 10 amendments adopted as the Bill of Rights; amendments giving women the right to vote, repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age |
| Are there other methods of amending the Constitution besides Article V? | There is debate among scholars, with some arguing that there are other routes to amendment outside of Article V |
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What You'll Learn
Proposing an amendment
Article V of the United States Constitution outlines the procedure for amending the Constitution. The process begins with proposing an amendment, which can be done in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration'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.
The second method for proposing an amendment is through a constitutional convention. This option has never been used for any of the 27 amendments ratified thus far. In this process, two-thirds of state legislatures request Congress to call a constitutional convention for proposing amendments.
The amendment idea should be one of significant impact, affecting all Americans or securing the rights of citizens. It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
While Article V provides the framework for proposing amendments, some legal scholars argue that there may be other routes to amendment, such as through a mobilized national constituency. However, the consensus amendment process aims to balance the need for stability with the ability to address faults in the Constitution.
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Ratification process
The ratification process is the final step in the amendment process, after a proposal has been made. Article V of the US Constitution describes the procedure for altering the Constitution and outlines two methods for proposing amendments. However, it does not detail the ratification process.
The first method of proposing an amendment is for Congress to pass a resolution with a two-thirds majority in both the House of Representatives and the Senate. The second method is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments. To date, all amendments have been proposed by Congress, and no constitutional convention has been called.
Once an amendment has been proposed, it must be ratified. Ratification can occur in one of two ways, as determined by Congress: by a vote of the state legislatures or by ratifying conventions in three-quarters of US states (38 out of 50 states). Each state's vote carries equal weight, regardless of its population or length of time in the Union. The 1933 ratification of the Twenty-First Amendment was the only time the latter method has been used.
The Office of the Federal Register (OFR) examines ratification documents for 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 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. In recent years, the signing of the certification has become a ceremonial function attended by various dignitaries, sometimes including the President.
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Certification
The certification of an amendment is the final step in the constitutional amendment process. It is a critical step that officially recognises the amendment as valid and an integral part of the Constitution. This process is outlined in Article V of the United States Constitution, which serves as the foundation for proposing and ratifying amendments.
The certification process begins with the Office of the Federal Register (OFR). The OFR examines the ratification documents to ensure they meet the legal requirements, including the presence of authenticating signatures. Once the OFR verifies the authenticity and legality of the documents, the Director of the OFR acknowledges receipt and takes custody of them. These documents are carefully safeguarded by the OFR until the amendment's fate is determined.
When an amendment is successfully adopted, the OFR transfers the records to the National Archives for preservation, ensuring a permanent record of this significant change. However, if an amendment fails, the records are still transferred to the National Archives, preserving the history of the proposed changes to the Constitution.
The certification itself is a formal proclamation drafted by the OFR. This proclamation certifies that the amendment has met all the necessary requirements and is now a valid part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in this process. The Archivist is responsible for administering the ratification process and, ultimately, for certifying that the amendment is valid.
In recent times, the signing of the certification has taken on a ceremonial aspect, with various dignitaries in attendance. This ceremony symbolises the importance and finalisation of the amendment process. While the President does not have a constitutional role in the amendment process, they have, on occasion, participated in the signing ceremony as a witness.
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Two-thirds majority
The first step in the constitutional amendment process involves proposing an amendment. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is derived from Article V of the Constitution, which outlines the procedures for amending the Constitution.
To achieve a two-thirds majority, a joint resolution is proposed by Congress. This joint resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process. Instead, the original document is sent directly to the 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.
The two-thirds majority vote in each house for proposing amendments is a vote of two-thirds of the members present, assuming a quorum exists at the time of the vote. This interpretation was established in the National Prohibition Cases in 1920 by the United States Supreme Court.
An alternative method for proposing amendments is through a constitutional convention. This can be called for by two-thirds of the State legislatures, who request Congress to convene such a convention. However, in the history of the United States, none of the amendments to the Constitution have been proposed by a constitutional convention.
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State legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments may 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.
The role of state legislatures in the amendment process is a result of compromises made during the 1787 Constitutional Convention. One group argued that proposals to amend the Constitution should originate in the national legislature, while another group contended that state legislatures should have a role in the process. The consensus was that state legislatures could initiate the amendment process by calling for a constitutional convention, and they would also be involved in the ratification stage.
While Congress has used Article V's procedures to propose 33 constitutional amendments, only 27 amendments have been ratified by the states and added to the Constitution. The process is designed to be difficult and time-consuming, ensuring that amendments have a significant impact and broad support across the country.
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Frequently asked questions
The first step in the constitutional amendment process is to propose an amendment. Amendments can be proposed either 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 the state legislatures.
Once an amendment is proposed, it must go through the ratification process. Ratification can occur in one of two ways: it must be ratified by the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions conducted in three-quarters of the states.
The constitutional amendment process involves Congress, the state legislatures or state conventions, the Archivist of the United States, the Director of the Federal Register, and the President, who may attend the signing of the certification as a witness.
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