Isabella Carter
The Constitution of the United States is considered the supreme law of the land, and as such, the government must follow it. The Constitution can be changed only through the amendment process, which is very difficult and time-consuming. Two methods to expand the Constitution are: 1) A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures (38 out of 50 states). 2) Two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments, although this has never happened before.
| Characteristics | Values |
|---|---|
| Number of amendments since the Constitution was drafted in 1787 | 27 |
| Number of amendments since the National Archives published information on the amendment process in 2016 | 0 |
| Difficulty of the amendment process | Very difficult and time-consuming |
| Number of amendments proposed by constitutional convention | 0 |
| Number of states required to ratify an amendment | 38 of 50 |
| Number of houses of Congress that must pass an amendment | 2/3rds of both houses |
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What You'll Learn
- Amendments must be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
- Amendments can also pass with a two-thirds vote at a national convention, but this has never happened
- Three-fourths of all states must then ratify the amendment, either in their statehouses or at a special convention
- The Archivist of the United States administers the ratification process, delegating duties to the Director of the Federal Register
- The Director of the Federal Register examines ratification documents for legal sufficiency and an authenticating signature
Amendments must be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
The Constitution of the United States is considered the "supreme law of the land", and as such, the government must follow it. The Constitution can only be changed through the amendment process, which is very difficult and time-consuming. This is intentional; the framers of the Constitution wanted the amendment process to be challenging to help create stability in the country. In over 230 years, there have only been 27 amendments.
After an amendment is proposed, it is sent to the states for ratification. Three-fourths of all states must ratify the amendment, either in their statehouses or at a special convention. This means that out of the 50 states, 38 must approve the amendment for it to become part of the Constitution. The ratification process is also carefully monitored and verified. When the OFR (Office of the Federal Register) 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. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process has been completed.
The amendment process in the United States is deliberately challenging and rigorous. The rarity of amendments to the Constitution reflects the framers' intention for it to be a stable and enduring document. While laws frequently change through other methods, amending the Constitution is an exceptional and weighty undertaking, reserved for proposals of major impact affecting all Americans or securing the rights of citizens.
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Amendments can also pass with a two-thirds vote at a national convention, but this has never happened
The Constitution of the United States is considered the "supreme law of the land," and the government must follow it. The Constitution can only be changed through the amendment process. The authority to amend the Constitution is derived from Article V of the Constitution. Amendments are usually only needed to change or clarify something that the Constitution specifically mentions. The Constitution is a concise document, typically fewer than 20 pages long in booklet form. It outlines the structure of the government but does not include most US laws.
Amending the Constitution is a challenging and time-consuming process. A proposed amendment must first be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This step has been achieved multiple times in the history of the US Constitution. Once an amendment is passed by Congress, it is submitted to the states for ratification.
The process of amending the Constitution also allows for a two-thirds vote at a national convention. However, this method has never been used successfully to pass an amendment. To initiate this process, two-thirds of state legislatures would need to call for a Constitutional Convention. After the convention passes an amendment with a two-thirds vote, it would then require ratification by three-fourths of the states, either in their statehouses or at a special convention.
The Framers, who wrote the Constitution, intentionally made the amendment process difficult to promote stability in the nation. As a result, amendments are typically permanent. The Constitution has been amended only 27 times since 1787, and these amendments have had a significant impact on the nation.
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Three-fourths of all states must then ratify the amendment, either in their statehouses or at a special convention
The United States Constitution is considered the "
Once a proposed amendment has been passed by two-thirds of both houses of Congress, it must then be ratified by three-fourths of all states, or 38 out of 50 states. This can be done either in their statehouses or at a special convention. The Governors 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 of the United States an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
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 that the amendment process has been completed.
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The Archivist of the United States administers the ratification process, delegating duties to the Director of the Federal Register
The Archivist of the United States is responsible for administering the ratification process. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA) of the United States. The Archivist is appointed by the President with the advice and consent of the Senate and is responsible for safeguarding valuable federal government records. They plan, develop, and administer all programs and functions of NARA, in accordance with the National Archives and Records Administration Act of 1944 and other applicable laws, orders, and regulations.
Once Congress proposes an amendment, the Archivist is charged with 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 informational material. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register.
The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director 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. The Director retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
In the final stage of the process, the Director 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 that the amendment process has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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The Director of the Federal Register examines ratification documents for legal sufficiency and an authenticating signature
The process of amending the US Constitution is a complex and lengthy one, with only 27 amendments in over 230 years. The Constitution grants the authority to propose and ratify amendments, and while it outlines the roles and requirements, it does not detail the entire ratification process.
Once an amendment is proposed by Congress, with a two-thirds majority in both the House of Representatives and the Senate, it is sent to the states for ratification. The states can ratify the amendment in their statehouses or at a convention. The Director of the Federal Register plays a crucial role in this process. The Director examines the ratification documents submitted by the states for legal sufficiency and the presence of an authenticating signature. This process ensures that the documents are in order and compliant with the requirements.
The Director of the Federal Register's role is significant as they are responsible for verifying the authenticity and legality of the ratification documents. They review and scrutinise the documents to ensure they meet the necessary standards. This includes checking for any discrepancies, errors, or omissions that could impact the validity of the documents. The Director's approval is essential for an amendment to proceed.
The Director's examination of the ratification documents is a meticulous process. They assess whether the documents adhere to the legal requirements, including any specific state laws or regulations that may apply. This ensures that the ratification process is conducted properly and fairly across all states. The Director's expertise and knowledge of legal matters are crucial in this phase.
Additionally, the Director verifies the presence of an authenticating signature on the ratification documents. This signature serves as confirmation that the document is genuine and has been authorised by the appropriate authorities within the state. The Director scrutinises the signature to ensure its legitimacy, preventing any potential fraud or misuse.
Once the Director of the Federal Register is satisfied that the ratification documents are legally sufficient and bear the required signature, they acknowledge receipt and maintain custody of the documents. This step ensures the integrity and security of the ratification process, providing assurance that the documents are in safe hands. The Director's role is, therefore, a vital safeguard in the process of amending the US Constitution.
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