Malcolm Rivera
The process of ratifying amendments to the US Constitution is a complex and time-consuming one. Proposed amendments must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-quarters of the states. 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. The Director examines ratification documents for facial legal sufficiency and an authenticating signature.
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What You'll Learn
The role of the President
The President does not have a constitutional role in the amendment process. The process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. Alternatively, two-thirds of the state legislatures could ask Congress to call a Constitutional Convention, although this has never happened.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them.
The Federal Papers: Ratification Before Constitution?
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The role of Congress
Congress also has a role in specifying whether an amendment is formally submitted to state legislatures or if a convention is called. In some cases, state legislatures have not waited for official notice from Congress before taking action on a proposed amendment.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
The Evolution of the US Constitution: Post-Ratification Additions
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The role of the State
Alternatively, two-thirds of the state legislatures could ask Congress to call a Constitutional Convention to start the amendment process. However, a new Constitutional Convention has never happened. A retired federal judge, Malcolm R. Wilkey, called a few years ago for a new convention, stating that "The Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected."
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, 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.
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. 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 Constitution: Ratification for a United Future
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The role of the Archivist
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of the Constitution. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The Archivist's role is to ensure that the ratification process is carried out in accordance with the procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
The Archivist's role is crucial in ensuring the integrity and legality of the ratification process, as they are responsible for verifying and preserving the official records of the State's actions.
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The role of the Director of the Federal Register
The Director of the Federal Register plays a crucial role in the process of ratifying amendments to the Constitution of the United States. The Director's role is derived from Article V of the Constitution, which outlines the authority to amend the Constitution.
The Director of the Federal Register is responsible for administering the ratification process, which includes receiving and examining ratification documents from State legislatures. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who then forwards it to the Director of the Federal Register. The Director's office, known as the Office of the Federal Register (OFR), examines these documents for legal sufficiency and the presence of an authenticating signature.
The OFR plays a vital role in ensuring the integrity and legality of the ratification process. It serves as a custodian of the ratification documents, acknowledging receipt and maintaining custody of them. The Director of the Federal Register follows established procedures and customs in carrying out their duties, which were previously performed by the Secretary of State until 1950 and the Administrator of General Services until 1985, when the National Archives and Records Administration (NARA) assumed responsibility as an independent agency.
Colonies' Consensus: Ratifying the Constitution
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Frequently asked questions
The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval.
The Archivist of the United States is responsible for administering the ratification process. They have delegated many of the duties associated with this function to the Director of the Federal Register.
The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, they acknowledge receipt and maintain custody of them.
The Governors formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified.
The State legislatures could ask Congress to call a Constitutional Convention. They also ratify proposed amendments.
