Amending The Constitution: The President's Role And Power

The President of the United States does not have a constitutional role in the amendment process. The Constitution does not outline a specific role for the President in amending the Constitution. However, some Presidents have played a ceremonial or ministerial role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification. President Abraham Lincoln also signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, despite his signature not being necessary. In recent history, the certification of amendments has become a ceremonial function that the President may attend.

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The President's signature is not required

The process of amending the Constitution is as follows: an amendment may 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. The Archivist of the United States, who heads the National Archives and Records Administration (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 is ratified, the Archivist certifies 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 is complete.

While the President does not have a formal role in amending the Constitution, there have been instances where Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification after Congress approved them. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. In recent history, the signing of the certification has become a ceremonial function that may include the President. For example, President Nixon witnessed the certification of the 26th Amendment.

In the 1920 case of Hawke v. Smith, the Supreme Court affirmed that the submission of a constitutional amendment does not require the action of the President. This was demonstrated when President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

The President can play a ministerial role

While the Constitution does not outline a role for the President in amending it, some Presidents 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 the ten proposals that later became the Bill of Rights, to the states for ratification after they were approved by Congress. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not necessary for the proposal or ratification of the amendment.

President Jimmy Carter also signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary. In recent history, the signing of the certification of an amendment has become a ceremonial function that may include the President. For instance, President Nixon witnessed the certification of the 26th Amendment.

The Supreme Court has ruled that the President cannot veto a proposed amendment and does not have a formal constitutional role in the amendment process. However, the President may play an informal, ministerial role as described above.

The President cannot veto an amendment

The President of the United States cannot veto an amendment to the US Constitution. The Constitution does not establish a role for the President in amending the Constitution. The authority to amend the Constitution is derived from Article V of the Constitution, which does not describe the ratification process in detail.

The process of amending the Constitution involves the Congress proposing an amendment, which is then sent to the states for ratification. The Congress proposes an amendment in the form of a joint resolution, which does not require the signature or approval of the President. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification, this is not a formal constitutional role. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary.

The ratification process is administered by the Archivist of the United States, who is responsible for certifying a state's ratification of a constitutional amendment. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The certification of the amendment's validity 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.

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The President attends the signing ceremony

The President of the United States does not have a constitutional role in the amendment process. The Constitution does not outline a role for the President in amending the Constitution. However, the President may attend the signing ceremony as a witness or as one of the dignitaries present.

The process of amending the Constitution is outlined in Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it 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. When the Director of the Federal Register verifies that the required number of authenticated ratification documents have been received, a formal proclamation is drafted for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution.

The signing of this certification has become a ceremonial function, and the President may be in attendance. While the President's signature is not required, there have been instances where Presidents have signed joint resolutions or certifications as a witness or due to their belief that their signature was necessary. For example, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, and President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery. Additionally, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.

Therefore, while the President does not have a formal role in amending the Constitution, they may be involved in the signing ceremony as a witness or as one of the dignitaries in attendance. Their signature on certain documents related to the amendment process is not required but has been included in some instances.

The President has no formal constitutional role

The process of amending the Constitution is initiated by Congress, which proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification. Under modern federal law, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.

While the President does not have a formal role, there have been instances where Presidents have played an informal, ministerial role in the process. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification after Congress approved them. President Abraham Lincoln also signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. In recent history, Presidents have also been present at the ceremonial signing of the certification of amendments.

It is important to note that the Supreme Court has affirmed that the President cannot veto a proposed amendment. In the 1920 case of Hawke v. Smith, the Court characterized its earlier decision in Hollingsworth v. Virginia as having settled that the submission of a constitutional amendment does not require the action of the President. This was further exemplified by President Jimmy Carter, who signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

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