Malcolm Rivera
The process of amending the US Constitution is a difficult and time-consuming task. It is not a simple process and requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. The President does not have a role in the amendment process, and their approval is not required. Once an amendment is passed by Congress, it must be ratified by three-quarters of state legislatures or ratifying conventions, as determined by Congress. This process ensures that any changes to the Constitution are carefully considered and have a significant impact on the country and its citizens.
| Characteristics | Values |
|---|---|
| Approval by the President | Not required |
| Approval by Congress after ratification | Not required |
| Proposal by the President | Not allowed |
| Proposal by a Constitutional Convention | Allowed, but never happened |
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What You'll Learn
Presidential approval
The process of amending the United States Constitution is deliberately difficult. Since 1787, the Constitution has been amended only 27 times, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights.
Amendments are typically reserved for changes or clarifications to the Constitution itself, rather than to the laws that exist within the United States. The Constitution is a short document, usually fewer than 20 pages long, and outlines the structure of the government.
The Constitution provides that an amendment may 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 approved by Congress, it does not require presidential approval before it is sent to the states. This is because the President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
Article V of the Constitution sets forth two methods for states to ratify amendments. The first method requires three-fourths of the state legislatures to ratify an amendment, while the second method requires three-fourths of state ratifying conventions to approve a proposed amendment. Congress determines which method the states must follow.
Once an amendment is ratified by the necessary number of states, it becomes an operative part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and officially notifying the states that an amendment has been proposed. Each Governor then formally submits the amendment to their state's legislature or ratifying convention.
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State legislatures' unanimous consent
The unanimous consent of state legislatures is not required to amend the US Constitution. The Articles of Confederation initially required the unanimous vote of all 13 state legislatures for any constitutional reform to be passed. However, this was amended by the Constitutional Convention, which established a process that balanced "pliancy and rigidity".
The US Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures (34 of 50) can request Congress to call a constitutional convention to propose amendments. This second method has never been used. After an amendment is proposed, it must be ratified by three-fourths of the states (38 of 50) to become part of the Constitution.
The process of amending the Constitution is intentionally difficult and time-consuming. The framers of the Constitution wanted to ensure its longevity, so they made it challenging to implement changes. As a result, since the Constitution was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
The process of proposing and ratifying amendments involves several key steps. First, Congress proposes an amendment in the form of a joint resolution, which does not require the signature or approval of the President. The joint resolution is then forwarded 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 to the resolution, publishes it in slip law format, and assembles an information package for the states.
Once the amendment is proposed, states can take action. In some cases, states have acted on proposed amendments before receiving official notice. When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action. The Archivist, who heads NARA, is responsible for administering the ratification process. The Archivist delegates many of the duties associated with this function 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.
The OFR retains the documents until an amendment is adopted or fails. Once an amendment is ratified by three-fourths of the states, 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 that the amendment process is complete.
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A new constitutional convention
The process of amending the Constitution of the United States is a difficult and time-consuming task. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the State legislatures. However, in the history of the United States, none of the 27 amendments to the Constitution have been proposed by a constitutional convention, and a new constitutional convention has never been held.
The authority to amend the Constitution is derived from Article V of the Constitution. This article sets forth two methods for states to ratify amendments. The first method requires a three-fourths majority of state legislatures to ratify an amendment, while the second method, which has never been used, allows Congress to require ratification by three-fourths of state ratifying conventions. The choice of ratification method lies solely with Congress.
The amendment process can also be initiated by two-thirds of the state legislatures applying to Congress to call for a constitutional convention to propose amendments. This duality in Article V resulted from compromises made during the 1787 Constitutional Convention between two groups with differing views on the role of the national legislature in the amendment process. While there have been efforts to summon an Article V Convention, none have succeeded in securing the necessary number of applications.
Once an amendment is approved by Congress or a federal convention, it does not require presidential approval. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the Archivist of the United States is responsible for administering the ratification process, notifying states that an amendment has been proposed, and examining ratification documents for legal sufficiency.
In conclusion, while a new constitutional convention is an option to initiate the amendment process, it has never been successfully invoked. The complex and challenging nature of amending the Constitution reflects the framers' intention for it to endure for ages. As such, amendments are generally reserved for significant issues affecting all Americans or securing the rights of citizens.
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The President's signature
The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, it 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 other relevant documents.
While the President's signature is not required for the proposal or ratification of an amendment, there have been instances where Presidents have played an informal, ministerial role in the process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary. Similarly, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In recent history, the signing of the certification of a new amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. However, it is important to note that the President's presence at these ceremonies is not a constitutional requirement.
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Congressional resolution
The process of amending the US Constitution is a difficult and time-consuming endeavour. It is not a task to be undertaken lightly, and the framers of the Constitution made it challenging by design. The Constitution has been amended only 27 times since 1787, and none of these amendments were proposed by constitutional convention.
A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is where the congressional resolution comes in. The Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. This means that, while federal legislation must be presented to the President for their signature or veto, constitutional amendments do not. The joint resolution is then forwarded directly to the Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the process. It examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director of the OFR acknowledges receipt and maintains custody of them. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid.
The Archivist of the United States is responsible for administering the ratification process. They notify the states, by registered letter to each state's Governor, that an amendment has been proposed. The Governors then formally submit the amendment to their state legislatures or ratifying conventions. An amendment becomes an operative part of the Constitution when it is ratified by three-fourths of the states (38 out of 50), and no further action by Congress or anyone else is required.
In summary, while the process of amending the Constitution is challenging, the congressional resolution is a critical step in this process. It involves a two-thirds majority vote in both houses of Congress, bypassing the President, and the involvement of the OFR and the Archivist of the United States to ensure the amendment's validity and ratification.
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Frequently asked questions
No, the President does not have a constitutional role in the amendment process. Once approved by Congress, the joint resolution proposing a constitutional amendment does not require presidential approval before it goes out to the states.
No, an amendment becomes an operative part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
No, a two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment.
No, there are two methods to propose an amendment. The first method is through a two-thirds majority vote in both the House of Representatives and the Senate. The second method is through a Constitutional Convention called for by two-thirds of the State legislatures.
