Amending The Constitution: A Complex Process

The process of amending the United States Constitution is outlined in Article V of the Constitution. The process is deliberately difficult and time-consuming, with only 27 amendments since the Constitution 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The President does not have a constitutional role in the amendment process, and ratification is certified by the Archivist of the United States.

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The role of Congress

The authority to amend the US Constitution is derived from Article V of the Constitution. The role of Congress in the constitutional amendment process is significant, as it holds the power to propose amendments.

Congress can propose amendments to the Constitution in two ways. Firstly, and most commonly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is done through a joint resolution, which does not require the President's signature or approval. The resolution is then sent directly to the National Archives and Records Administration (NARA) for processing and publication.

The second method for Congress to propose amendments is by calling a constitutional convention at the request of two-thirds of the state legislatures. This method has never been used, but it remains an option.

Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified. Ratification can occur in two ways, as determined by Congress: through the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This process is administered by the Archivist of the United States, who notifies each state's Governor of the proposed amendment.

When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist. Once the necessary number of state ratifications is reached, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.

In summary, Congress plays a central role in the constitutional amendment process by proposing amendments and determining the method of ratification. The process is deliberately difficult, ensuring the longevity and stability of the Constitution.

Ratification by states

The process of amending the United States Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by either 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. Once a proposal is made, it is forwarded to the states for ratification.

Ratification by the states is the process by which a proposed amendment to the United States Constitution is approved and adopted by the individual state legislatures or state ratifying conventions. This process is crucial because an amendment must be ratified by a specified number of states (three-fourths, or 38 out of 50 states) to become part of the Constitution.

When an amendment is proposed, the Archivist of the United States, who is responsible for administering the ratification process, notifies the governors of each state by registered letter. The governors then formally submit the amendment to their respective state legislatures or state ratifying conventions, depending on the method specified by Congress.

State legislatures or ratifying conventions then debate and vote on the proposed amendment. Each state's vote carries equal weight, regardless of its population or length of time in the Union. If a state ratifies the amendment, it sends an original or certified copy of the state's action to the Archivist. The Office of the Federal Register (OFR) examines these documents for legal sufficiency and authenticity.

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. This certification confirms that the amendment has been validly ratified and has become part of the Constitution. The 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 summary, ratification by the states involves the review and approval of a proposed amendment by individual state legislatures or ratifying conventions. This process is essential to ensuring that an amendment gains the required support to become part of the United States Constitution. The Archivist of the United States plays a key role in administering the ratification process and certifying its completion.

The role of the President

The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not require presidential approval before it goes out to the states. While Article I, Section 7 provides that all federal legislation must be presented to the President for their signature or veto, Article V does not require this for constitutional amendments. This means that the President does not have an official function in the process.

In Hollingsworth v. Virginia (1798), the Supreme Court affirmed that it is not necessary to place constitutional amendments before the President for approval or veto.

Once an amendment has been ratified by three-quarters of the States, the Archivist of the United States certifies that the amendment is valid and has become part of the Constitution. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President.

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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 constitutional amendments. This responsibility is derived from Article V of the Constitution and 1 U.S.C. 106b.

The Archivist plays a crucial role in the amendment process. Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist then forwards this documentation to the Director of the Federal Register, who examines the documents for facial legal sufficiency and the presence of an authenticating signature.

If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is either adopted or fails. At this point, the Director transfers the records to the National Archives for preservation.

When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this certification has become a ceremonial function, often attended by various dignitaries, including the President.

The certification is then 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. This certification by the Archivist is final and conclusive, marking the successful completion of the amendment process.

History of amendments

The United States Constitution has been amended 27 times since it was ratified in 1789. The first ten amendments, known as the Bill of Rights, were ratified in 1791. These amendments include the famous First Amendment, which protects religious freedom, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government. The Second Amendment, which protects the right to keep and bear arms, is also part of the Bill of Rights.

The Founding Era (1791-1804) saw the addition of the first 12 amendments to the Constitution, including the Bill of Rights. The Reconstruction Era (1865-1870) produced three amendments that are often referred to as the nation's "Second Founding." These are the 13th, 14th, and 15th Amendments, which collectively abolished slavery and guaranteed freedom, equality, and the right to vote for African Americans.

The 18th Amendment, ratified in 1919, established the prohibition of alcohol. However, it was later repealed by the 21st Amendment in 1933, which is the only amendment to be ratified through a state ratifying convention. The 21st Amendment is also unique in that it explicitly repeals an earlier amendment.

The process of amending the Constitution is outlined in Article V, which requires a proposal by Congress with a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by legislatures or conventions in three-fourths of the states (38 out of 50 states).

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