Amending The Constitution: Which Branch Holds The Power?

The process of amending the US Constitution is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution can be initiated 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 proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). The US Constitution has been amended 27 times since it was drafted in 1787, indicating the rarity and significance of the amendment process.

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Congress proposes an amendment

The Constitution of the United States provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the signature or approval of the President. Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification.

The process of proposing an amendment begins with Congress, which must deem it necessary to propose an amendment with a two-thirds majority vote in both the House and the Senate. This is the first of two methods outlined in Article V of the Constitution for proposing amendments. The second method involves a constitutional convention called for by two-thirds of the State legislatures, though no amendments have been proposed by constitutional convention to date.

Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) 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. An information package is then assembled for the States, including formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant materials.

The Archivist of the United States, who heads NARA, is responsible for 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 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 Congress's specifications. Once 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 for examination and acknowledgment.

The Archivist of the US administers the ratification process

The process of amending the US Constitution is outlined in 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. This role is currently held by Dr. Colleen Shogan, the first woman to hold the position permanently. The Archivist's duties include safeguarding and making available for study all valuable federal government records, including the original Declaration of Independence, Constitution, and Bill of Rights.

When Congress proposes an amendment, it is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the amendment in slip law format, and assembles an information package for the States. 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 formally submit the amendment to their State legislatures or call for a convention. Once a State ratifies the 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 the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails.

Once three-fourths of the States (38 out of 50) have ratified the amendment, 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. In recent years, the signing of the certification has become a ceremonial event attended by dignitaries, including the President.

The Director of the Federal Register performs ministerial duties

The authority to amend the US Constitution is derived from Article V of the Constitution. While the President does not have a constitutional role in the amendment process, the process is initiated by Congress, which proposes an amendment in the form of a joint resolution. The original document is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR is responsible for publishing the Federal Register, which is the daily journal of the Federal government. It contains federal agency regulations, proposed rules and notices of interest to the public, executive orders, and other presidential documents.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. However, many of the ministerial duties associated with this function have been delegated to the Director of the Federal Register. The Director of the Federal Register performs important ministerial duties in the amendment process. These duties include the publication of the official text of federal laws, presidential documents, and regulations. The Director also approves agency requests to incorporate material by reference into the Code of Federal Regulations.

In the event of an appropriations lapse, the Office of the Federal Register is required to publish documents directly related to the performance of governmental functions necessary to address imminent threats to the safety of human life or protection of property. This ensures that critical information is disseminated even during periods of funding disruptions.

The Director of the Federal Register also plays a role in the ceremonial function of signing the certification of a ratified amendment. For example, during the ratification of the 27th Amendment, the Director of the Federal Register signed the certification as a witness. This signing ceremony was attended by various dignitaries, including the President.

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Three-fourths of the States must ratify the amendment

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the State legislatures can call for a constitutional convention to propose amendments. However, in practice, all amendments so far have been proposed by Congress.

Once an amendment is proposed, it must be ratified by three-fourths of the States, or 38 out of 50 States, to become part of the Constitution. This means that after Congress proposes an amendment, it is sent to the States for their consideration. Each State legislature must then decide whether to ratify the amendment. This process allows for a small minority of the country, approximately one-third of the House or Senate, or 13 States, to prevent an amendment from being added to the Constitution.

The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. However, it is important to note that neither Article V of the Constitution nor the relevant statutes describe the ratification process in detail. The procedures followed are based on customs established by previous officials.

When the required number of authenticated ratification documents is received by NARA's Office of the Federal Register (OFR), a formal proclamation is drafted 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. While the President does not have a constitutional role in the amendment process, they may participate in the signing of the certification as a ceremonial function.

The President may witness the certification

The process of amending the US Constitution is a complex and lengthy procedure, deliberately designed to be challenging. The Constitution has been amended only 27 times since 1787, demonstrating the difficulty of implementing changes. The authority to amend the Constitution is derived from Article V of the Constitution.

The President does not have a constitutional role in the amendment process. However, in recent history, the signing of the certification has become a ceremonial function, and the President may be invited to witness and sign the certification as a dignitary. This practice began with President Johnson, who signed the certifications for the 24th and 25th Amendments, and was continued by President Nixon, who witnessed the certification of the 26th Amendment.

The process of amending the Constitution begins with a proposal. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures to propose an amendment. However, in practice, all amendments to date have been proposed by Congress.

Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format, along with an information package for the states.

After the proposal stage, the amendment must be ratified. Ratification occurs when three-fourths of the states (38 out of 50) approve the amendment. The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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 is final and conclusive.

While the President does not have a direct role in proposing or ratifying amendments, their presence as a witness during the signing of the certification adds a ceremonial aspect to the process. This practice showcases the unity and support of the executive branch in recognizing the significance of the amendment's adoption.

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