Amending The Constitution: A Comprehensive Guide

The United States Constitution was written to endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. Amending the Constitution is a difficult task, and it has only been amended 27 times since it was drafted in 1787. Article V of the Constitution outlines two methods for proposing amendments: the first method requires a two-thirds majority vote in both the House of Representatives and the Senate, and the second method involves a constitutional convention called for by two-thirds of the state legislatures. The process of amending the Constitution involves proposing an amendment, ratification, and certification.

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Two-thirds of both Houses must propose an amendment

Amending the United States Constitution is not an easy task. The framers of the Constitution wrote it "to endure for ages to come", and so made it a challenging process to alter the document. 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 authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments. The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. This is the only method for proposing amendments that has been used thus far. The two-thirds vote in each house is a vote of two-thirds of the members present—assuming the presence of a quorum—and not a vote of two-thirds of the entire membership, present and absent.

The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's 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.

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is then charged with the 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).

Two-thirds of state legislatures can request a convention

Amending the United States Constitution is a challenging task, as the framers intended when it was drafted in 1787. Since then, the Constitution has been amended only 27 times, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which establishes two methods for proposing amendments.

One of these methods involves two-thirds of state legislatures requesting a convention to propose amendments. This method has never been used, and state legislatures generate more than 80% of constitutional amendments considered and approved annually. To call a convention, legislators must approve a convention referendum, with a majority legislative vote required in most states and a supermajority legislative vote in others.

In four states, a convention can be called through the initiative process without legislative approval. Additionally, 14 states require referendums on calling a convention to appear on the ballot automatically at intervals ranging from 10 to 20 years. While conventions were once common, with 250 held between 1776 and 1986, it has been decades since the last full-scale state constitutional convention in the United States.

The process of amending state constitutions is much easier than amending the federal Constitution, and they are amended regularly. The current constitutions of the 50 states have been amended approximately 7,000 times. However, the difficulty of amending the US Constitution ensures that only significant ideas affecting all Americans or securing citizens' rights are considered.

Three-fourths of state legislatures must ratify an amendment

Amending the United States Constitution is not an easy task. The framers of the Constitution, which was drafted in 1787, made it this way so that the document would "endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. Indeed, the Constitution has only been amended 27 times since its inception, including the first 10 amendments, which were adopted four years later as the Bill of Rights.

Article V of the Constitution outlines the two methods for proposing amendments. The first method requires both the House and the Senate to propose a constitutional amendment by a two-thirds majority vote. This is the only method that has been used so far. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.

Once an amendment is proposed, it must be ratified. There are two methods for ratifying amendments, and Congress determines which method the states must follow. The first method requires three-fourths of the state legislatures to ratify an amendment. This means that 38 out of 50 states must approve the amendment for it to become part of the Constitution. 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 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. The Director examines the 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 until an amendment is adopted or fails.

The second method of ratification, which has only been specified once, for the Twenty-First Amendment, involves Congress requiring three-fourths of state ratifying conventions to approve a proposed amendment. This method can be seen as a more democratic approach, as it involves a higher level of direct participation from the people of the states.

In conclusion, while the process of amending the Constitution is deliberately challenging, the requirement for three-fourths of state legislatures to ratify an amendment ensures that any changes made to the Constitution reflect the will of a significant majority of the states. This process helps to maintain the stability and longevity of the Constitution while also allowing for necessary amendments to be made.

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Three-fourths of state conventions must approve a proposed amendment

Amending the United States Constitution is a challenging task. The framers of the Constitution, which was written "to endure for ages to come", made it difficult to amend the document. 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.

Article V of the Constitution outlines the authority to amend it and establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.

Once an amendment is proposed, it must be ratified. There are two methods for states to ratify amendments, as outlined in Article V. The first method requires three-fourths of the state legislatures, or 38 out of 50 states, to ratify an amendment. The second method, which has only been specified once, for the Twenty-First Amendment, involves three-fourths of state ratifying conventions approving a proposed amendment.

State constitutional conventions were once common, but it has been nearly four decades since the last full-scale state constitutional convention in the United States. Conventions offer a potential path for amending state constitutions, and they typically submit any proposed amendments to voters for approval. The process of amending state constitutions is much easier than amending the federal Constitution.

The Archivist of the US administers the ratification process

The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist, who heads the National Archives and Records Administration (NARA), ensures that changes to the Constitution are carried out in accordance with the law.

Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR). The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. It also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.

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.

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 and serves as official notice to Congress and the Nation that the amendment process has been completed.

It is important to note that the Archivist does not make any substantive determinations regarding the validity of State ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive. The signing of this certification has, in recent times, become a ceremonial function attended by various dignitaries, including the President.

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