Omar Bennett
The last step in adopting a constitutional amendment in the United States is for the proposed amendment to be ratified by three-fourths of state legislatures, or three-quarters of states, which equates to 38 out of 50 states. Once this threshold is reached, the Archivist of the United States 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.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment submission | The proposed amendment is sent to the states for ratification |
| Ratification | Requires ratification by three-fourths of the states, either by their legislatures or through special ratifying conventions |
| Official certification | The Archivist of the United States certifies that the amendment is valid and has become part of the Constitution |
| Official notice | 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 |
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What You'll Learn
- The Archivist of the United States administers the ratification process
- The Director of the Federal Register performs ministerial duties
- The OFR examines ratification documents for legal sufficiency
- The Archivist certifies the amendment is valid and part of the Constitution
- The certification is published in the Federal Register
The Archivist of the United States administers the ratification process
The process of amending the Constitution of the United States is a complex and challenging task, as the framers intended when they drafted the document in 1787. The Constitution has been amended only 27 times since then, and the last step in this process is the ratification of the proposed amendment by the states.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist officially notifies each state's governor that an amendment has been proposed by Congress. This notification is sent in the form of a registered letter.
Upon receiving the notification, the governors then submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. The state legislatures then take action on the proposed amendment. When a state ratifies the amendment, it sends an original or certified copy of the state's action to the Archivist, who forwards it to the Director of the Federal Register.
The Director of the Federal Register examines the 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. Once the required number of authenticated ratification documents is received, the Director 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 to Congress and the nation that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive. The signing of this certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
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The Director of the Federal Register performs ministerial duties
The process of amending the United States Constitution is a complex and challenging task, as the framers intended it to be durable and enduring. The Constitution has been amended only 27 times since 1787, and the last step in this process involves the duties of the Director of the Federal Register.
The Director of the Federal Register plays a crucial role in the adoption of a constitutional amendment. The Director's responsibilities are delegated to them by the Archivist of the United States, who oversees the National Archives and Records Administration (NARA). The Director's duties are primarily ministerial in nature, ensuring the smooth functioning of the amendment process.
One of the key tasks performed by the Director is the examination and safekeeping of ratification documents. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director. The Director examines these documents for facial legal sufficiency and the presence of an authenticating signature. Once the documents are deemed to be in order, the Director acknowledges receipt and retains custody of them until the amendment is either adopted or fails.
Additionally, the Director of the Federal Register follows established procedures and customs in carrying out their duties. These procedures have been established over time by the Secretary of State and the Administrator of General Services, who previously performed similar functions before the responsibilities were transferred to NARA in 1985. The Director's adherence to these procedures ensures consistency and continuity in the amendment process.
The Director's role is an important administrative function that contributes to the efficient and orderly adoption of constitutional amendments. By examining and maintaining the necessary documentation, the Director supports the amendment process and helps ensure that amendments are properly ratified and certified. This role is a vital part of the constitutional amendment process, ensuring that any changes to the Constitution are carried out in a meticulous and orderly manner.
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The OFR examines ratification documents for legal sufficiency
The process of amending the United States Constitution is a complex and challenging task, as the framers intended it to be durable and enduring. The last step in this process involves the Office of the Federal Register (OFR) examining ratification documents for legal sufficiency.
The OFR plays a crucial role in the amendment process. Once a proposed amendment has passed through Congress and been forwarded to the OFR, the OFR adds legislative history notes and publishes the joint resolution in slip law format. They also assemble information packages for the states, providing formal copies and relevant documentation.
When a state ratifies a proposed amendment, it sends the OFR an original or certified copy of the state's action. This triggers the OFR's examination process. The OFR scrutinises these ratification documents to ensure they meet the legal requirements for validity. This includes verifying the presence of an authenticating signature.
If the OFR finds the documents to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until the amendment is either adopted or fails. At that point, the records are transferred to the National Archives for preservation.
The OFR's role in examining ratification documents is essential to ensure the integrity and legality of the amendment process. It provides assurance that the proposed amendment has met the necessary requirements and has been duly ratified by the required number of states. This process helps maintain the rigorous standards set by the framers of the Constitution, ensuring that any amendments are thoroughly vetted and properly authorised.
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The Archivist certifies the amendment is valid and 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. 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.
The Archivist's role in the amendment process is outlined in Article V of the Constitution and 1 U.S.C. 106b. While the Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register, they are still responsible for certifying that an amendment has been validly ratified and is now part of the Constitution.
This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed. The certification is final and conclusive, and in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
It is important to note that the Archivist does not make any substantive determinations as to the validity of state ratification actions. Instead, they rely on the OFR's examination of the ratification documents for facial legal sufficiency and an authenticating signature. Once the OFR verifies that the required number of states have ratified the amendment, the Archivist can certify that the amendment is valid and part of the Constitution.
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The certification is published in the Federal Register
The process of amending the US Constitution is a complex and lengthy procedure, with the last step being the certification of the amendment's validity. This certification is published in the Federal Register, serving as the official notice to Congress and the nation that the amendment process is complete.
The Federal Register is a daily publication of the US government, which includes the official text of federal laws, presidential documents, and proposed rules and notices from government agencies. It is the official record of the US government and is published by the Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA).
Once a proposed amendment has passed through the necessary steps, including being proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate, and ratified by three-fourths of the state legislatures, the OFR verifies the receipt of authenticated ratification documents. Following this, a formal proclamation is drafted for the Archivist of the United States to certify.
The Archivist's role, as the head of NARA, includes administering the ratification process. The certification confirms the facial legal sufficiency of ratification documents and is considered final and conclusive. This certification is then published in the Federal Register, along with the U.S. Statutes at Large, marking the completion of the amendment process. The publication of this certification in the Federal Register is a critical step in finalising a constitutional amendment, providing transparency and official recognition of the change to the nation's highest laws.
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Frequently asked questions
The last step to adopting a constitutional amendment is ratification by three-fourths of the states, or 38 out of 50 states.
The Archivist of the United States is responsible for administering the ratification process, under the provisions of 1 U.S.C. 106b.
Once an amendment is ratified, 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 to Congress and the nation that the amendment process is complete.
