The Challenge Of Changing The Constitution

The United States Constitution has been amended only 27 times since it was drafted in 1787. The framers made it challenging to amend the Constitution to ensure its longevity. The amendment process is time-consuming and arduous, as a proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by three-fourths of the state legislatures. The President does not have a constitutional role in the amendment process. Amendments are proposed by Congress or through a constitutional convention, though no amendments have been proposed by a convention to date. Once an amendment is ratified, the Archivist of the United States certifies its validity, and it becomes part of the Constitution.

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

The United States Constitution was designed to be a durable document that would "endure for ages to come". As a result, the process of amending it is deliberately difficult and time-consuming. Since it was drafted in 1787, there have been only 27 amendments to the Constitution, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights.

Amendments to the Constitution 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, which 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 National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.

The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, as well as copies in slip law format, and other relevant statutory information.

Once an amendment is proposed by Congress, it must then be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be achieved through the submission of an original or certified copy of the state action to the Archivist of the United States, who is responsible for administering the ratification process. The Archivist delegates many of the ministerial duties to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and an authenticating signature.

While the process of amending the Constitution through Congress has been utilised, with all 27 amendments proposed by this method, an alternative path exists. Two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, this method has never been used, and no Constitutional Convention has been convened for this purpose.

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 to ensure its longevity. The amendment process is challenging and time-consuming, and there are two ways to propose an amendment. One way is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The other way is for two-thirds of state legislatures to request a constitutional convention.

This alternative method of proposing an amendment has never been used, but it does have supporters. A retired federal judge, Malcolm R. Wilkey, called for a new convention a few years ago, citing the corruption of the current system. While the specific procedures for calling and holding conventions may vary among states, it is generally understood that conventions will submit any proposed amendments to voters for approval. This can be done through a simple majority of voters or, in the case of Florida, by allowing constitutional commissions to submit amendments directly to voters.

State legislatures play a crucial role in the amendment process, generating more than 80% of constitutional amendments considered and approved annually. States differ in their requirements, with some needing the support of a majority of legislators and others requiring supermajority legislative support. Additionally, some states mandate that legislative support be expressed in a single session, while others allow for two consecutive sessions.

Once 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) to become part of the Constitution. The ratification process involves submitting authenticated documents to the Office of the Federal Register (OFR) and the Archivist of the United States, who administers the process. The OFR examines the documents for legal sufficiency and authenticity before drafting a formal proclamation certifying the amendment's validity. This certification is then published in the Federal Register, officially concluding the amendment process.

A proposed amendment must be ratified by three-quarters of state legislatures

The United States Constitution was crafted with the intention of enduring for ages, and as such, the process of amending it is deliberately difficult and time-consuming. Since its drafting in 1787, there have been only 27 amendments to the Constitution, including the first 10 amendments, which were ratified in 1791 as the Bill of Rights.

Amending the Constitution is a complex process that 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, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose an amendment, although this has never occurred.

Once an amendment is proposed, it must be ratified. A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states, which currently equates to 38 out of 50 states. The process of ratification involves the states formally submitting the amendment to their state legislatures. It is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention.

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 process to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register. The Director examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

The process of amending the Constitution is challenging, and not all ideas merit an amendment. An idea must have a significant impact on all Americans or secure the rights of citizens to warrant a constitutional amendment. The difficulty of the amendment process is evident, as some proposals, such as those for congressional term limits and a balanced budget amendment, have not succeeded in becoming amendments.

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The Archivist of the United States administers the ratification process

The process of amending the Constitution of the United States is a difficult and time-consuming task. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States, which includes formal copies of the joint resolution and the statutory procedure for ratification.

The Archivist of the United States, who heads the NARA, is then 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. 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. The 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.

The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register, who follows procedures and customs established by the Secretary of State and the Administrator of General Services. The Archivist does not make any substantive determinations as to the validity of State ratification actions. However, it is the Archivist's duty to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution if the legislatures of at least three-quarters of the states (38 out of 50) approve the proposed amendment. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed.

The current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden and sworn in by the Senate in May 2023. As Archivist, Shogan has stated her responsibility to "uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law."

The amendment process is difficult and time-consuming

The United States Constitution was designed to "endure for ages to come". To ensure its longevity, the framers made the process of amending the document challenging. 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 amendment process is deliberately difficult and time-consuming, requiring 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. This challenging process ensures that only significant ideas that impact all Americans or secure the rights of citizens are considered for amendments.

The process of amending the US Constitution is complex and involves multiple steps. Firstly, Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This step ensures that any proposed amendment has significant support within Congress. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) plays a crucial role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format.

Following the proposal by Congress, the amendment process moves to the state level. The governors formally submit the amendment to their state legislatures, and each state legislature must decide whether to ratify the proposed amendment. This stage of the process can vary, as some states may not wait to receive official notice before taking action. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). This requirement ensures that a substantial majority of states agree to the proposed change.

The OFR plays a crucial role in verifying the ratification process. It examines the ratification documents for legal sufficiency and authenticating signatures. 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 serves as official notice that the amendment process is complete. The entire amendment process can be time-consuming, as it involves multiple stages of review and approval at both the federal and state levels.

While the process of amending the US Constitution is challenging and time-consuming, it is important to note that it is not impossible. The difficulty lies in ensuring that any changes made to the foundational document of the nation are carefully considered and widely supported. The amendment process requires broad consensus and a rigorous adherence to established procedures, reflecting the framers' intention to create a durable and enduring Constitution.

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