The First Step To Amending The Constitution

The first step to amending the US Constitution is for two-thirds of both the House of Representatives and the Senate (Congress) to propose and vote on a constitutional amendment. This can be achieved through a joint resolution. This first method is the only method that has been used thus far. The second method, which has never been used, involves two-thirds of state legislatures asking Congress to call a constitutional convention for proposing amendments. Once the proposed amendment is sent to the states for ratification, it becomes part of the Constitution as soon as three-fourths of the states (38 of 50) ratify it.

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Two-thirds majority in Congress

The first step to amending the US Constitution is laid out in Article V of the Constitution, which outlines two methods for proposing amendments. The first method, which has been used for all amendments proposed so far, requires a two-thirds majority vote in both the House of Representatives and the Senate, also known as Congress. This means that two-thirds of the members present in both chambers must vote in favour of a proposed amendment for it to pass this first step. It's important to note that this is not a vote of all members of Congress but only of those present, assuming a quorum is met.

The process of achieving a two-thirds majority vote in Congress for a constitutional amendment is a significant undertaking. It requires broad bipartisan support, as any proposed amendment must garner the backing of a substantial portion of both political parties in both chambers of Congress. This high bar helps ensure that amendments to the Constitution are carefully considered and reflect a strong national consensus.

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 plays a crucial role in this process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.

While achieving a two-thirds majority in Congress is a challenging task, it is not the end of the amendment process. After this first step, the proposed amendment must then be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution officially. This can be done through state legislatures or special ratifying conventions. The OFR is responsible for verifying the receipt of authenticated ratification documents and drafting a formal proclamation for the Archivist to certify the amendment's validity.

In conclusion, while securing a two-thirds majority in Congress is a crucial first step in amending the Constitution, it is just the beginning of a lengthy and complex process. The high threshold required in both Congress and the states ensures that any changes made to the Constitution reflect the values and interests of the vast majority of Americans.

Two-thirds of state legislatures

The first step to amending the US Constitution is laid out 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. This is the only method that has been used so far to propose amendments. The second method, which has never been used, is for two-thirds of state legislatures to call for a constitutional convention to propose amendments.

The process of amending the Constitution is deliberately difficult and time-consuming. The two-thirds requirement in the first step ensures that any amendment has substantial support before it can proceed further. This threshold is necessary given the importance and permanence of amendments to the Constitution.

The two-thirds requirement also helps to ensure that any amendment has a broad base of support across the country, rather than being a narrow interest of a single state or region. This is an important safeguard in a large and diverse country like the United States. It also helps to prevent hasty or impulsive amendments that could be damaging in the long term.

While the two-thirds requirement is an important hurdle, it is just the first step in the amendment process. Even if two-thirds of state legislatures call for a constitutional convention, the proposed amendment must still go through a rigorous ratification process before it can become part of the Constitution. This includes being ratified by three-fourths of the states, either through their legislatures or special ratifying conventions.

The two-thirds requirement for calling a constitutional convention is an important check and balance in the amendment process. It ensures that any proposed amendment has broad support and has been thoroughly considered before it can even be proposed. This helps to maintain the stability and integrity of the Constitution.

Ratification by three-fourths of states

The first step to amending the US Constitution involves proposing an amendment. This can be done in two ways. The first method, which has been used for all amendments so far, involves a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves two-thirds of the state legislatures calling for a constitutional convention to propose amendments.

Once an amendment has been proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be done through the state legislatures or special ratifying conventions. The Office of the Federal Register (OFR) plays a crucial role in this process by verifying the receipt of authenticated ratification documents from the states. After receiving the required number of documents, the OFR drafts a formal proclamation for the Archivist of the United States to certify the amendment as valid. This 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.

The process of amending the Constitution is deliberately difficult and time-consuming. It requires broad consensus and support at both the federal and state levels. The ratification process by the states is a critical step in ensuring that any changes to the Constitution reflect the will of the people and are in the best interests of the nation.

The Archivist of the United States is responsible for administering the ratification process, although they do not make substantive determinations on the validity of state ratification actions. Instead, they certify the facial legal sufficiency of ratification documents, which is considered final and conclusive. This role was previously performed by the Secretary of State until 1950 and then by the Administrator of General Services until 1985, when the National Archives and Records Administration (NARA) became an independent agency.

In conclusion, the ratification of proposed amendments by three-fourths of the states is a crucial step in amending the US Constitution. It ensures that any changes to the nation's founding document reflect the will of the people and are broadly supported across the country. The process is carefully managed by the OFR and the Archivist of the United States to ensure its integrity and finality.

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The President's role

The U.S. Constitution does not outline a specific role for the President in the process of amending the Constitution. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. The resolution is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.

However, some Presidents have played a ceremonial or 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 Congress approved them. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not necessary for its proposal or ratification.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. Additionally, 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.

The Supreme Court has also acknowledged the President's lack of a formal constitutional role in the amendment process. In the 1920 case Hawke v. Smith, the Court affirmed its earlier decision in Hollingsworth v. Virginia, stating that submitting a constitutional amendment does not require the President's action. Therefore, the Court's view is that the President cannot veto a proposed amendment.

Article V procedures

Article V of the United States Constitution outlines the procedures for amending the Constitution. It provides two methods for proposing and ratifying amendments: through Congress or via a convention of the states.

The first method, the Congressional Proposal, involves a two-thirds majority vote in both the House of Representatives and the Senate. This process has been used for all 27 amendments to the Constitution. The proposal is then sent 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, publishes the proposal in slip law format, and assembles an information package for the states. The Archivist of the United States then submits the proposed amendment to the states for their consideration.

The second method, the Article V Convention, has never been used. It can be initiated if two-thirds of the state legislatures request Congress to convene a convention consisting of delegates from each state. This convention would propose amendments independently of Congress, reflecting the states' right to alter the national government they created.

Once an amendment is proposed, regardless of the method, it must be ratified. Ratification can occur through state legislatures or state conventions, as determined by Congress. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, officially concluding the amendment process.

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