The Constitution's Amendment Clause: A Dynamic Provision

The Constitution of the United States has been amended 27 times, with the first 10 amendments, known as the Bill of Rights, being ratified on December 15, 1791. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the process of proposing and ratifying amendments. 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. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. This process can take two main forms: revisions to the previous text or appendages to the end of the main text. In the United States, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). This process empowers the legislative bodies of the states to have a direct impact on shaping the Constitution.

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The US Constitution's amendment process

The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is as follows:

Proposal of an Amendment

An amendment may be proposed by either the Congress or a constitutional convention. To propose an amendment, Congress must pass a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose an amendment. However, in practice, all amendments to date have been proposed by Congress.

Ratification Process

After an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process under 1 U.S.C. 106b. The Archivist works with the Director of the Federal Register to follow established procedures and customs. The proposed amendment is then submitted to the states for their consideration.

State Consideration and Ratification

Each state's governor receives the proposed amendment and submits it to their state legislature. The amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). The Office of the Federal Register (OFR) verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity.

Certification and Publication

The Archivist certifies 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. The certification signing has become a ceremonial function attended by dignitaries, including the President in some cases.

The amendment process in the United States is deliberately designed to be difficult and time-consuming, ensuring that any changes to the Constitution are thoroughly considered and widely accepted.

The role of the Archivist of the United States

The Constitution's provision for amendments is called Article V. 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 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, as well as the preservation, protection, and sharing of the country's history. The Archivist also has duties concerning the custody of important documents, such as state ratifications of amendments to the Constitution, Electoral College documents, and original versions of all statutes of the United States.

The current Archivist of the United States is Dr. Colleen J. Shogan, who was sworn in on May 17, 2023, and is the first woman appointed to this position. She has made it a priority to expand the reach of the National Archives to a wider audience, both in-person and online.

The Archivist of the United States is appointed by the President and serves as the head of the agency. The role of the Archivist is to oversee the preservation and accessibility of government records, working closely with other specialists and technicians to ensure the proper storage and maintenance of historical documents.

Ratification by three-fourths of the States

The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) then assembles an information package for the states, which includes copies of the joint resolution and the statutory procedure for ratification.

The proposed amendment is then submitted to the states for their consideration. The Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. Once 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 administers the ratification process.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). The OFR examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director of the Federal Register 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 serves as official notice to Congress and the Nation that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. 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 considered final and conclusive.

While Article V provides an alternative process for proposing amendments through a constitutional convention called for by two-thirds of the State legislatures, this method has never been used. Instead, every amendment to the Constitution thus far has been ratified by state legislatures.

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The UK's parliamentary sovereignty

The process of amending the US Constitution is provided for in Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who is responsible for administering the ratification process, submits the proposed amendment to the states for their consideration. Once three-fourths of the states (38 out of 50) ratify the amendment, it becomes part of the Constitution.

Now, onto the topic of the UK's parliamentary sovereignty.

Parliamentary sovereignty is a fundamental principle of the UK's constitution, making Parliament the supreme legal authority in the country. This means that Parliament has the power to create or end any law, and no Parliament can pass laws that bind future Parliaments. The concept of parliamentary sovereignty is exclusive to the UK Parliament and does not extend to the Scottish Parliament, the Senedd, or the Northern Ireland Assembly. While the House of Commons holds dominance over the other components of Parliament (the King and the House of Lords), "parliamentary sovereignty" refers to their joint power.

The UK does not have a single, written constitution like the US or Germany. Instead, it is described as 'partly written and wholly uncodified', with large parts of it written down in statute law. This means that, unlike in countries with a written constitution, there are no formal limits on Parliament's power to act in a certain way. However, this does not mean that Parliament has absolute and unlimited power. Over the years, Parliament has passed laws that limit its own sovereignty, such as the Human Rights Act 1998, which requires UK courts to interpret national law consistently with the European Convention on Human Rights. Additionally, the establishment of the UK Supreme Court in 2009 ended the House of Lords' function as the final court of appeal, theoretically shifting power away from Parliament.

The concept of parliamentary sovereignty has been central to the UK's political history, particularly during the English Civil War when Royalists and Parliamentarians disputed whether power was held by the king or Parliament. This struggle continued during the Stuart period, with Parliament asserting its authority over taxation and ultimately removing the Crown's ability to ignore or suspend legislation through the Bill of Rights 1689.

Amendments as supplemental additions

Amendments are a modification of the constitution of a polity, organisation, or other types of entities. They are often interwoven into the relevant sections of an existing constitution, directly altering the text.

However, amendments can also be appended to the constitution as supplemental additions (codicils). This method changes the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.

For example, in the United States, the authority to amend the Constitution is derived from Article V of the Constitution. 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).

In the United Kingdom, devoid of a written constitution and exercising pure parliamentary sovereignty, the final authority on all quasi-constitutional matters is the parliament itself (the legislature), by a simple majority.

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