Omar Bennett
The Constitution of the United States has been amended 27 times, with over 11,000 amendments proposed. The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and include the right to free speech, freedom of religion, and the right to bear arms. Amendments can be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once an amendment is proposed, it is sent to the states for ratification and must be ratified by three-fourths of the states to become part of the Constitution. The process is administered by the Archivist of the United States, who issues a certificate when an amendment becomes operative. Notable amendments include the 13th Amendment, which abolished slavery, and the 21st Amendment, which repealed the 18th Amendment and ended prohibition.
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What You'll Learn
The Bill of Rights
The amendments were proposed by the First Congress of the United States on September 25, 1789, and ten out of the proposed twelve amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified amendments constitute the first ten amendments of the Constitution, or the US Bill of Rights.
The amendments included in the Bill of Rights are as follows:
- Freedoms, Petitions, Assembly
- Right to bear arms
- Quartering of soldiers
- Search and arrest
- Rights in criminal cases
- Right to a fair trial
- Rights in civil cases
- Bail, fines, punishment
- Rights retained by the People
- States' rights
The original document proposing the Bill of Rights is on permanent display in the Rotunda at the National Archives Museum. The spelling and punctuation reflect the original document.
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The process of proposing amendments
The first method involves the United States Congress proposing an amendment when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Congress proposes an amendment in the form of a joint resolution, which 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 adds legislative history notes to the joint resolution and publishes it in slip law format. This is the method by which all 27 amendments to the Constitution have been proposed.
The second method involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used.
Once a proposal is adopted via one of these two methods, it must be ratified to become part of the Constitution. Ratification can occur in two ways, as determined by Congress: through the legislatures of three-fourths (38) of the States, or through conventions in three-fourths (38) of the States. When a State ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the State action, which is then 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 order, the Director acknowledges receipt and maintains custody of them. 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 that the amendment process is complete.
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The role of Congress in the amendment process
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress plays a crucial role in the amendment process, as outlined by the Constitution. Whenever two-thirds of both Houses of Congress deem it necessary, they can propose amendments to the Constitution. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President, as the President does not have a constitutional role in the amendment process.
Once the proposal is made, 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 then adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the States, including formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
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 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.
For an amendment to become part of the Constitution, it must be ratified by three-fourths 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 the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
While the President does not have a formal constitutional role in the amendment process, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification.
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State legislatures' role in ratification
The United States Constitution, in Article V, establishes two methods for ratifying proposed constitutional amendments: through state legislatures or state ratifying conventions. State legislatures play a crucial role in the ratification process, which can be outlined in the following steps:
Proposal of Amendment
The process of amending the Constitution begins with the proposal of an amendment. An amendment may 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. However, it is important to note that all amendments to the Constitution thus far have been proposed by Congress and none by a constitutional convention.
Submission to State Legislatures
Once an amendment is proposed, the governors formally submit it to their state legislatures. At this stage, the state legislatures have the power to act on the proposed amendment without waiting for official notice. They can propose a resolution, memorial, or proclamation of ratification and vote on it within their chambers.
Ratification and Documentation
If a state legislature chooses to ratify a proposed amendment, it sends an original or certified copy of its action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many of these duties to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and the presence of an authenticating signature.
Adoption and Certification
The OFR retains the 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. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice of the amendment's completion.
State Ratifying Conventions
It is worth mentioning that state ratifying conventions offer an alternative route to ratification. This method has been used only once, in the ratification of the 21st Amendment in 1933. State legislatures can call for a convention, and each state has its own process for electing delegates to these conventions. However, the convention method is more complicated and has been subject to legal challenges regarding the interpretation of the term "legislature".
In conclusion, state legislatures play a pivotal role in the ratification of constitutional amendments. They can initiate the process by calling for a constitutional convention, and they have the power to act on proposed amendments, either through direct ratification or by participating in state ratifying conventions. The ratification process ensures that any changes to the Constitution are carefully considered and approved by a significant majority of states.
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The Archivist's role in administering the process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments under the provisions of 1 U.S.C. § 106b. This responsibility is derived from Article V of the Constitution, which outlines the process for amending the document.
When an amendment is proposed by Congress, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format, along with an information package for the states. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
State legislatures play a crucial role in this process. 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 these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
Upon receiving the required number of authenticated ratification documents, the OFR drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. It 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 regarding the facial legal sufficiency of ratification documents.
It is important to note that the Archivist does not make substantive determinations regarding the validity of state ratification actions. Instead, they follow procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
The Archivist of the United States is responsible for administering the ratification process. They issue a certificate proclaiming that an amendment has become an operative part of the Constitution.
An amendment must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, are also significant. The 21st Amendment, ratified in 1933, repealed the 18th Amendment and ended prohibition.
