Amending The Constitution: A Difficult But Not Impossible Task

The process of amending a constitution varies depending on the jurisdiction. In most cases, amendments to a constitution take the form of revisions to the previous text, which can involve deleting portions of the original text or inserting new articles among existing ones. Amendments can also be appended to the end of the main text, leaving the original text intact. The United States Constitution, for example, can be amended either by 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. Amendments must then be ratified by three-fourths of the state legislatures or conventions. State constitutions in the US, on the other hand, are much easier to modify and offer multiple paths for amendment, with some states amending their constitutions more than three to four times per year on average.

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Amendments must be proposed by Congress with a two-thirds majority in both the House and Senate

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a difficult and time-consuming process, as Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come".

Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method for proposing amendments that has been used thus far. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

The Archivist of the United States, who heads 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 has been proposed by Congress, the Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format.

The process of amending the Constitution is deliberately challenging, and the number of amendments is a reflection of that. Since the Constitution was drafted in 1787, it has been amended only 27 times, including the first 10 amendments, which were adopted four years later as the Bill of Rights. State constitutions, on the other hand, are amended much more frequently, with the current constitutions of the 50 states having been amended around 7,000 times.

Alternatively, two-thirds of state legislatures can request a constitutional convention

The United States Constitution has been amended only 27 times since it was drafted in 1787. The framers made it difficult to amend the Constitution, and it is intended to endure for ages. The amendment process is challenging and time-consuming. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.

State legislatures generate more than 80% of constitutional amendments considered and approved annually. States vary in their requirements for legislatures to craft amendments, with some requiring majority support and others supermajority support. The easiest route to legislative approval is to permit approval by a majority vote in a single session, which is possible in 10 states.

In the amendment process, the Governors submit the amendment to their State legislatures or call for a convention as specified by Congress. Once a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who delegates duties 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. The OFR retains these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 of 50 States).

In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Thus, portions of the original text may be deleted or new articles inserted. The less common method is for amendments to be appended to the end of the main text, leaving the body of the original text intact.

A proposed amendment must be passed by two-thirds of both houses of Congress

The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The framers of the Constitution made it challenging to amend the document to ensure its longevity.

A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This process falls under Article V of the Constitution, which outlines two methods for proposing amendments. The first method, which has been the only method used thus far, requires both the House and the Senate to propose a constitutional amendment with a two-thirds majority vote. This vote is calculated based on the members present, assuming a quorum is present, rather than the entire membership. The President does not have a constitutional role in this process, and the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.

The second method, which has never been used, involves two-thirds of the state legislatures requesting Congress to call a Constitutional Convention to propose amendments. After an amendment is proposed, either by Congress or a Constitutional Convention, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process, although the specific procedures are not outlined in detail in Article V.

The difficulty in amending the Constitution is further illustrated by the fact that certain subjects are explicitly deemed unamendable. For example, no amendment can deprive a state, without its consent, of its equal suffrage in the Senate. This ensures that no state can be deprived of its equal representation and voting power in the Senate without its agreement.

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The Archivist of the United States administers the ratification process

The process of amending the US Constitution is a complex and lengthy one, and the Archivist of the United States plays a crucial role in administering the ratification process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for ensuring that any changes to the Constitution are carried out lawfully and in accordance with established procedures.

Once Congress proposes an amendment, the Archivist takes charge of the ratification process. The Archivist has delegated many of the day-to-day duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. The Director maintains custody of these documents until an amendment is adopted or fails, at which point they are transferred to the National Archives for preservation.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist then submits the proposed amendment to the states for their consideration, notifying each governor and providing informational material prepared by the Office of the Federal Register (OFR).

After an amendment has been ratified by three-fourths of the states (38 out of 50), 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 legal sufficiency of ratification documents is considered final and conclusive.

The current Archivist of the United States, Colleen Joy Shogan, was nominated by President Joe Biden and sworn in by the Senate in May 2023. The Archivist is appointed by the President with the Senate's consent and is responsible for safeguarding and making available for study all valuable federal government records, including the original Declaration of Independence, Constitution, and Bill of Rights.

A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states

The process of amending the US Constitution is a difficult and time-consuming task. The framers of the Constitution made it challenging to amend the document to ensure its longevity. Since it was drafted in 1787, the Constitution has only been amended 27 times.

A proposed amendment must first be passed by two-thirds of both houses of Congress. This is the only method for proposing amendments that has been used thus far. The President does not have a constitutional role in this process. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

After this, the proposed amendment must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who is responsible for administering the ratification process. The Archivist then delegates many of the duties 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.

Once the required number of authenticated ratification documents is received, 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, serving as official notice to Congress and the nation that the amendment process is complete.

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