Jonah Patel
The process of revising a constitution is a complex and important task, involving multiple stakeholders and a series of steps. In the United States, the Constitution can be amended through a proposal 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. The process is outlined in Article V of the Constitution, which sets forth the procedures for proposing and ratifying amendments. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process involves the Archivist of the United States, the Director of the Federal Register, and the states' governors and legislatures, who work together to review, approve, and authenticate the amendment. The signing of the United States Constitution on September 17, 1787, marked a significant moment in the nation's history, with 39 delegates endorsing the document and committing to its principles.
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What You'll Learn
Signing of the United States Constitution
The Signing of the United States Constitution took place on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. This event marked the endorsement of the Constitution by 39 delegates to the Constitutional Convention, representing 12 states (with Rhode Island being the only state that did not send delegates). The signing concluded a four-month-long convention that began in May 1787, with the goal of revising the Articles of Confederation or creating an entirely new frame of government.
The Constitutional Convention featured prominent figures such as George Washington, who presided over the gathering, Benjamin Franklin, James Madison, James Wilson, Gouverneur Morris, and briefly, Alexander Hamilton. The delegates debated key questions such as the balance of power between the central government and the states, the number of representatives for each state in Congress, and the election process for these representatives.
The signing of the Constitution was not without dissent. Three delegates refused to add their signatures due to the absence of a bill of rights. However, the majority of delegates, including Franklin, recognised the need for a compromise and the importance of presenting a united front. Franklin, despite his own reservations about certain parts of the document, made a powerful argument for its adoption, acknowledging its imperfections but believing it to be the best option available.
The closing endorsement of the Constitution served as an authentication function, providing essential documentation of its validity. It included a declaration of unanimous consent by the states present, a formulaic dating of its adoption, and the signatures of those endorsing it. The convention's secretary, William Jackson, added a note verifying four amendments made to the final document and signed it to further authenticate its validity.
The Signing of the United States Constitution is immortalised in Howard Chandler Christy's 20-by-30-foot painting, completed in 1940 and displayed in the east grand stairway of the House wing in the U.S. Capitol. The painting captures the momentous occasion, depicting Independence Hall in Philadelphia on September 17, 1787, with George Washington standing prominently alongside other key figures in the creation of the Constitution.
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Amendments
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments to the Constitution 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 the state legislatures. 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, as well as assembling an information package for the states. 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 immediately conveyed to the Director of the Federal Register.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50). 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, serving as official notice to Congress and the nation that the amendment process has been completed.
In the past, the process of amending the Constitution has involved debate and compromise among delegates, with some refusing to sign due to their dissatisfaction with certain provisions. The signing of the United States Constitution on September 17, 1787, marked the endorsement of the document by delegates who agreed to its terms, with some expressing reservations but accepting it as a practical framework.
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Ratification
Proposal for Amendment
The process of amending the United States Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention called for by two-thirds of the state legislatures can propose amendments. However, in the history of the United States, all amendments have been proposed by Congress and none by a constitutional convention.
Submission to States
Once an amendment is proposed by Congress, it is submitted to the states for ratification. The amendment is forwarded to the states' governors, who then formally submit it to their respective state legislatures. The state legislatures then consider the proposed amendment.
State Ratification
For an amendment to become part of the Constitution, it must be ratified by a specified number of states. Specifically, three-fourths of the states (38 out of 50) must ratify the amendment. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with the ratification process to the Director of the Federal Register.
Certification
Once the required number of authenticated ratification documents is received by the Director of the Federal Register, a formal proclamation is drafted for the Archivist to certify. This certification confirms the validity of the amendment and its inclusion in the Constitution. The 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.
Signing Ceremony
In recent times, the signing of the certification has become a ceremonial event attended by dignitaries, including the President. This signing ceremony symbolically marks the completion of the amendment process and the integration of the amendment into the Constitution.
It is important to note that the process of revising a constitution, such as the United States Constitution, is a complex and formal procedure. The information provided here offers a general overview of the ratification process, and specific details may vary depending on the specific constitution and its established amendment procedures.
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The role of the President
The President of the United States holds a significant role in the country's governance, as outlined in the US Constitution's Article II. The President's term of office is four years, and they are elected by a majority vote of the Electors, with each state having one vote. The President is responsible for executing the office's duties and preserving, protecting, and defending the US Constitution.
While the President does not have a formal constitutional role in amending the Constitution, they have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including what would become the Bill of Rights, to the states for ratification. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, and President Jimmy Carter signed a joint resolution regarding the Equal Rights Amendment. These actions were not necessary for the proposal or ratification of the amendments but demonstrate the President's informal role in the amendment process.
The President's primary constitutional powers related to lawmaking include making treaties with the advice and consent of the Senate and appointing ambassadors, public ministers, consuls, Supreme Court judges, and other officers of the United States. The President also has the power to fill vacancies during the Senate's recess, granting commissions that expire at the end of the next Senate session.
In summary, while the President does not have a direct role in revising the Constitution, they play a crucial role in the country's governance and lawmaking processes, including transmitting and supporting proposed amendments.
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The legislative process
Proposal of Amendments
The process of revising the Constitution begins with the proposal of amendments. According to Article V of the Constitution, amendments can be proposed in two ways. The first method is through Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method is by calling a constitutional convention at the request of two-thirds of the state legislatures. However, it is important to note that none of the amendments to the Constitution have been proposed by a constitutional convention so far.
Submission and Review of Amendments
Once an amendment is proposed, it is submitted to the respective state legislatures or a convention, as specified by Congress. State legislatures can take action on a proposed amendment before receiving official notice. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads NARA. The Archivist delegates many of the ministerial duties to the Director of the Federal Register (OFR).
Examination and Certification of Amendments
The OFR examines the ratification documents for facial legal sufficiency and the presence of authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody. The OFR retains these documents until an amendment is adopted or fails. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR then drafts a formal proclamation for the Archivist to certify the amendment's validity.
Publication and Notification
The certification of the amendment is published in the Federal Register and U.S. Statutes at Large, serving as official notification to Congress and the nation that the amendment process has been completed. The signing of the certification has become a ceremonial function attended by dignitaries, which may include the President.
It is important to note that the legislative process for revising a constitution may vary depending on the specific guidelines and procedures established by the governing bodies involved. The above description outlines the general steps involved in revising the United States Constitution.
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Frequently asked questions
The US Constitution can be revised or amended by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can call for a constitutional convention. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who delegates many duties to the Director of the Federal Register.
When the US Constitution was first signed on September 17, 1787, 39 delegates representing 12 states endorsed it. However, in the process of amending the Constitution today, there is no single signature that finalises the revision. Instead, each state that ratifies an amendment sends an original or certified copy of their action to the Archivist and the Director of the Federal Register. These documents are examined for authenticity, and once the required number of states have ratified, the Archivist certifies that the amendment is valid and has become part of the Constitution.
The signing of an amendment includes the submission of authenticated ratification documents from each state. These documents are examined for facial legal sufficiency and an authenticating signature by the Director of the Federal Register. The certification of an amendment's validity by the Archivist includes a formal proclamation, which is published in the Federal Register and U.S. Statutes at Large. This serves as official notice to Congress and the nation that the amendment process has been completed.
While you cannot physically add your name to the original US Constitution, there are educational activities that allow you to digitally add your name to a copy of the Constitution as a fun way to engage with the document.
