Unratified Amendments: What's Their Fate?

The United States Constitution outlines the procedure for altering its provisions in Article Five. This includes proposing an amendment and subsequent ratification. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of state legislatures or ratifying conventions in three-quarters of states. If an amendment fails to gain sufficient support, it does not become part of the Constitution. States have sent official documents to the National Archives and Records Administration (NARA) to record the rejection of an amendment or the rescission of prior ratification. While most amendments have been ratified by state legislatures, Congress can also choose the method of ratification by state conventions.

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Amendments require ratification by three-quarters of state legislatures

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article provides two methods for amending the nation's governing framework. The first method, which has been used for all amendments to date, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, allows Congress to call a convention for proposing amendments at the request of two-thirds of state legislatures.

Once an amendment is proposed, it must be ratified. Ratification can occur through one of two methods, as determined by Congress: ratification by state legislatures or ratification by ratifying conventions. To become part of the Constitution, an amendment must be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. This means that 38 out of 50 states must ratify the amendment for it to become valid and binding as part of the Constitution.

The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). 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 (OFR). The OFR examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails.

Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted 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.

In the history of the United States, there have been instances where proposed amendments have not been ratified by the required three-quarters of state legislatures. Six amendments adopted by Congress have not been ratified, and four of these amendments are still open and pending. The process of amending the Constitution, as outlined in Article V, ensures that any changes to the nation's governing framework require the approval of a significant majority of states, reflecting the consensus of the country.

Amendments can be ratified by conventions in three-quarters of states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article provides two methods for proposing amendments: the first method involves a two-thirds vote in both the House of Representatives and the Senate, while the second method, which has never been used, involves a convention to propose amendments called by Congress at the request of two-thirds of state legislatures.

Once an amendment is proposed, it must go through the ratification process. This 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 function to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature.

Amendments can become part of the Constitution through ratification by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This means that out of the 50 states, 38 must ratify the amendment for it to become valid and part of the Constitution. This process has only been utilized once in American history, with the 1933 ratification of the Twenty-First Amendment.

The choice of ratification method is left to the discretion of Congress. The state convention method has been used very rarely, with only one out of 33 amendments being ratified by this method. This is partly due to concerns about a ""runaway convention," where a convention could attempt to exceed its scope and propose amendments beyond its intended purpose.

The ratification process is a critical step in amending the Constitution, ensuring that any changes made have broad support across the country and are in line with the principles outlined in the Constitution.

Amendments must be ratified within seven years

The process of amending the US Constitution is outlined in Article V of the Constitution. It involves proposing an amendment and then ratifying it. Amendments can be proposed either 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 state legislatures.

Once an amendment is proposed, 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-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The latter method has only been used once in US history, for the ratification of the 21st Amendment in 1933.

While Article V does not specify a time frame for ratification, Congress has, in recent times, included a provision requiring ratification within seven years from the time of submission to the states. This provision was first included with the proposed Eighteenth Amendment. The Supreme Court, in Coleman v. Miller (1939), affirmed that Congress has the authority to set a reasonable timeframe for ratification.

If an amendment is not ratified by three-quarters of the states, it is considered lapsed or failed. Six amendments proposed by Congress have not been ratified, with four still open and pending, and two closed—one due to its own terms and the other due to the expiration of the seven-year ratification period.

The certification of a successfully ratified amendment 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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Amendments can be proposed by Congress or state legislatures

Article V of the United States Constitution outlines the process of amending the nation's frame of government. It provides two methods for proposing amendments: the first method involves Congress proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is how all 33 amendments submitted for ratification have originated. The second method, which has not yet been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of state legislatures.

Once an amendment is proposed, it must be ratified to become part of the Constitution. Congress decides whether the proposed amendment will be sent to state legislatures or state ratifying conventions for ratification. An amendment must be ratified by three-quarters of the states, or 38 out of 50 states, to become part of the Constitution.

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 duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. When the required number of authenticated ratification documents is received, the Director of the Federal Register drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.

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 certification of the amendment's validity is final and conclusive, and in recent history, the signing has become a ceremonial function attended by dignitaries, including the President.

Amendments are certified by the Archivist of the United States

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The ratification process is not described in detail by Article V of the Constitution or Section 106b. The Archivist and the Director of the Federal Register follow the procedures and customs established by the Secretary of State and the Administrator of General Services.

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 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. These documents are retained 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-quarters 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 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 has been completed.

The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent times, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. The 27th Amendment, first proposed in 1789 and ratified in 1992, is the only constitutional amendment to be certified by the Archivist of the United States thus far.

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