Malcolm Rivera
A constitutional amendment resolution is a proposal to change a part of a constitution. The process of amending a constitution varies across jurisdictions. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. In Tennessee, there are two methods for proposing amendments: through the legislature and by constitutional convention. In China, amendments to the constitution may be proposed by one-fifth of the total number of delegates to the National Assembly, or by one-fourth of the Members of the Legislative Yuan.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment proposal format | Special joint resolution of Congress |
| Amendment proposal submission | Directly to the Administrator of General Services |
| Amendment ratification | By three-fourths of the States (38 of 50 States) |
| Amendment ratification deadline | Seven years |
| Amendment certification | Formal proclamation by the Archivist of the United States |
| Amendment certification publication | Federal Register and U.S. Statutes at Large |
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What You'll Learn
The process of proposing an amendment
- The Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
- A constitutional convention is called for by two-thirds of the State legislatures. However, this method has never been used for any of the 27 amendments made to the Constitution.
Once an amendment is proposed, the Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and an authenticating signature. When an amendment is ratified by three-fourths of the States (38 out of 50), it becomes an official part of the Constitution.
In Tennessee, there are also two methods for proposing amendments to the State Constitution: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum and must go through three separate readings on three separate days, with an absolute majority on all readings.
Other jurisdictions, such as Ireland, Estonia, and Australia, have different procedures. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but must also be approved by a referendum. The process of proposing an amendment is deliberately challenging to ensure the longevity of the Constitution.
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The role of Congress
The United States Constitution grants Congress the authority to propose amendments. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes an amendment in the form of a joint resolution, which is then sent directly to the Administrator of General Services for submission to the individual states for ratification. Notably, the President does not have a constitutional role in this amendment process, and the joint resolution does not require their signature or approval.
Congress plays a crucial role in the constitutional amendment process. Firstly, it can initiate the process by proposing an amendment through a joint resolution. This proposal requires a two-thirds majority vote in both the House and the Senate, demonstrating the need for broad consensus within Congress. Once the resolution is approved, Congress specifies whether the amendment will be submitted to the state legislatures or if a constitutional convention will be called. This decision impacts how the states will consider and act upon the proposed amendment.
During the ratification process, Congress may request information from the Secretary of State regarding the number of states that have ratified the proposal. This information is crucial for determining whether the required threshold for ratification has been met. Congress also receives official notification from the Archivist of the United States, who heads the National Archives and Records Administration (NARA), once an amendment has been ratified by three-fourths of the states (38 out of 50). This notification serves as confirmation that the amendment has become part of the Constitution.
Additionally, Congress has the power to address complexities that may arise during the amendment process. For example, in the case of Dillon v. Gloss (1921), the Supreme Court affirmed that Congress has the authority to set a deadline for ratification. This means that Congress can determine the timeframe within which the required number of states must ratify an amendment for it to become operative.
While Congress plays a central role in proposing and facilitating the ratification of constitutional amendments, it is important to note that the actual adoption of an amendment occurs at the state level. The role of Congress is to propose and guide the amendment through the process, but the power to ratify and make it an official part of the Constitution lies with the states.
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The role of the President
The President does not have a constitutional role in the amendment process. A constitutional amendment resolution is a proposal to change or add to the existing constitution. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed. The joint resolution is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
While the President is not directly involved in proposing or ratifying amendments, their presence at the signing ceremony of the certification is customary. The President's role in this ceremonial function adds a level of dignity and significance to the process.
In other jurisdictions, such as Tennessee, constitutional amendments can be proposed through the state legislature or by constitutional convention. The Tennessee General Assembly passes a resolution calling for an amendment, which must be approved in three separate readings on three separate days with an absolute majority. This process does not require the governor's approval, further highlighting the limited role of executive figures in the amendment process.
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Ratification by states
The process of amending the Constitution of a country is a complex and important procedure. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Instead, 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 process of ratification by the states involves the following steps:
Submission to State Legislatures
Once a joint resolution proposing an amendment is approved by a two-thirds majority in both the House and the Senate, it is sent directly to the states for ratification. Governors then formally submit the amendment to their State legislatures. State legislatures have the power to call for a convention to consider the proposed amendment.
State Ratification and Documentation
When a state ratifies a proposed amendment, it sends an original or certified copy of the State's action to the Archivist of the United States. This documentation is immediately conveyed to the Director of the Federal Register (OFR). The OFR examines the ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Three-Fourths Majority Requirement
A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50 States). This requirement ensures that a significant majority of states approve of the amendment before it becomes an official part of the Constitution.
Proclamation and Certification
Upon receiving the required number of authenticated ratification documents, the OFR 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 is complete.
Deadline Considerations
While not expressly provided in the Constitution, amendment proposals sent to the states for ratification often include a seven-year ratification deadline. If an amendment is not ratified by the required number of states within the set time frame, it is considered inoperative and moot.
The process of ratifying a constitutional amendment resolution in the United States involves careful consideration and collaboration between state legislatures and the federal government. Each state's ratification is crucial in ensuring that any changes to the Constitution reflect the will of the people and uphold the principles of democracy.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives, including the preservation, protection, and sharing of the nation's history. This includes maintaining custody of important documents such as state ratifications of amendments to the Constitution, Electoral College documents from presidential elections, and original versions of all statutes of the United States.
In the context of constitutional amendment resolutions, the Archivist of the United States plays a crucial role in the amendment process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then conveys this to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and an authenticating signature. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
The Archivist of the United States is appointed by the President and has a team of specialists, technicians, conservators, and records managers who assist in carrying out the duties of the office. Together, they work to preserve the records of the U.S. government and make them accessible to the public.
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Frequently asked questions
A constitutional amendment resolution is a proposal to change a part of a constitution.
In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. It requires a two-thirds majority vote in both the House of Representatives and the Senate. It is then sent to the individual states for ratification.
Once a resolution is proposed, the Archivist of the United States administers the ratification process. When three-fourths of the states (38 out of 50) ratify a proposed amendment, it becomes part of the Constitution.
The process of constitutional amendment resolutions varies across different countries and jurisdictions. For example, in Tennessee, there are two methods for proposing amendments: through the legislature and by constitutional convention. In Ireland and Australia, amendments are drafted as Acts of Parliament and then approved via a referendum.
