Amending Laws: A Step-By-Step Guide

The amendment process is the procedure for making changes to a legal document, such as a constitution. In the United States, the amendment process is outlined in Article V of the Constitution and consists of two primary steps: proposal and ratification. There are four methods for proposing amendments, but only two have ever been used. The first method, which has been used 26 times, involves a two-thirds vote in both houses of Congress. The second method, used only once in 1933, is through a convention called by two-thirds of state legislatures. The third and fourth methods have never been used as no convention has ever been called. Once an amendment is proposed, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. The process is legislative-heavy, with Congress holding significant control over the rules governing amendments.

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The United States Constitution was designed to be difficult to amend

The United States Constitution was designed to be a durable document, with Chief Justice John Marshall writing in the early 1800s that it was written "to endure for ages to come". To achieve this, the framers made the process of amending the Constitution challenging. 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.

Amending the Constitution is a complex and time-consuming process. A proposed amendment must first be passed by a two-thirds majority vote in both the House of Representatives and the Senate (two-thirds of both houses of Congress). Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention, although this has never occurred. Once an amendment is proposed, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states). The process is managed by the Archivist of the United States, who oversees the National Archives and Records Administration (NARA), and the Director of the Federal Register.

The high bar for amending the Constitution has resulted in many unsuccessful attempts to introduce new amendments. For example, supporters of congressional term limits and a balanced budget amendment have not succeeded in getting their desired changes. Similarly, the ERA Amendment failed to pass the required majority of state legislatures in the 1980s.

The difficulty in amending the Constitution has led some to argue that it is too rigid and challenging to renovate. Critics view this rigidity as a cause for concern rather than a point of pride. The Constitution's resistance to change has been attributed to deep political divisions and high legislative barriers, making any amendment attempts seem unthinkable. Despite this, it is important to note that the Constitution is susceptible to interpretation and reinterpretation by the courts, which can lead to indirect reforms without formal amendments.

Amendments can be proposed by Congress or a convention

The process of amending the United States Constitution is outlined in Article V of the Constitution and consists of two primary steps: proposal and ratification. Amendments can be proposed by Congress or a convention, with Congress holding significant control over the rules governing amendments.

Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which does not require the signature or approval of the President. Once an amendment is approved by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.

The other method of proposing amendments is through a convention called by two-thirds of state legislatures. This method has never been used, and the rules governing the process are unclear. There is uncertainty over how much control Congress would have over the convention's operations. Supporters of conventions have attempted to get state legislatures to pass resolutions proposing the desired amendment in identical language to reassure Congress and the public that any convention would deal with only one subject.

The authority to amend the Constitution is derived from Article V, which provides two methods for amending the nation's frame of government. The first method authorizes Congress to propose amendments when two-thirds of both houses deem it necessary. The second method requires Congress to call a convention for proposing amendments at the request of two-thirds of the state legislatures.

The President does not have a role in the amendment process

The process of amending the Constitution of the United States is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution. The Constitution does not outline a specific role for the President in the amendment process. The process begins with Congress, which proposes amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment 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 and publishes the joint resolution in slip law format, creating an information package for the States.

The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. The original document is sent directly to NARA's OFR, bypassing the President. The OFR plays a crucial role in processing and publishing the proposed amendment, while the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist submits the proposed amendment to the States for their consideration, and the Governors formally submit it to their State legislatures.

While the President does not have a formal role in the amendment process, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congressional approval. However, this role is not mandated by the Constitution and is considered informal.

The Supreme Court has articulated that the President has no formal constitutional role in the amendment process. In the 1920 case Hawke v. Smith, the Court affirmed its earlier decision in Hollingsworth v. Virginia (1798), stating that "submission of a constitutional amendment did not require the action of the President." This precedent suggests that the President cannot veto a proposed amendment. While the President may witness the signing of certifications for amendments, this is a ceremonial function and does not grant them a formal role in the amendment process.

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Amendments must be ratified by three-fourths of the States

The process of amending the United States Constitution is outlined in Article V of the Constitution and consists of two primary steps: proposal and ratification. The framers of the Constitution intentionally made it a difficult task to amend the document, and it has only been amended 27 times since it was drafted in 1787.

Amendments can be proposed 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 the state legislatures. The President does not have a constitutional role in the amendment process, and the joint resolution does not require presidential approval. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process.

The Archivist of the United States officially notifies each state's governor that an amendment has been proposed, and the governors then formally submit the amendment to their state legislatures or ratifying conventions. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, or 38 out of 50 states. This can be achieved through the state legislatures or ratifying conventions in three-fourths of the states. The vote of each state carries equal weight, regardless of its population or length of time in the Union.

The process of ratification is not detailed in Article V of the Constitution. Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), 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 serves as official notice that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.

Article V outlines the amendment process and can itself be amended

The process of amending the United States Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the state legislatures (38 out of 50 states). This process has been used for all 27 amendments that have been ratified so far.

The second method outlined in Article V involves a constitutional convention called for by two-thirds of the state legislatures. However, this method has never been used to propose an amendment. Once an amendment is proposed, it is submitted to the states for their consideration. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.

The amendment process is deliberately designed to be challenging and time-consuming. This is evident from the fact that the Constitution has only been amended 27 times since it was drafted in 1787. Amendments must be significant and impact all Americans or secure the rights of citizens. While Article V outlines the amendment process, it is worth noting that it does not provide exclusive procedures for amending the Constitution.

Legal scholars have argued that methods outside of Article V can also be used to amend the Constitution. For instance, Akhil Reed Amar suggests that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. Additionally, Article V itself can be amended through the amendment process, allowing for flexibility and adaptability in the nation's governing document.

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