Amending The Constitution: A Step-By-Step Guide

The procedure for amending the US Constitution is outlined in Article V, which specifies that amendments can be proposed by Congress with a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-quarters of state legislatures or conventions, as specified by Congress. The process is challenging and time-consuming, with only 27 successful amendments since the Constitution was drafted in 1787.

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Two-thirds majority in Congress or constitutional convention

The Constitution can be amended either by a two-thirds majority in Congress or by a constitutional convention called for by two-thirds of state legislatures. The former method has been used for all 27 amendments to the Constitution. In this process, two-thirds of both the House of Representatives and the Senate must vote to propose an amendment. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

The latter method, a constitutional convention, has never been used. However, it has its supporters, including retired federal judge Malcolm R. Wilkey, who has argued that "the Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected." To initiate this process, two-thirds of state legislatures would need to call on Congress to propose a Constitutional Convention.

Once an amendment has been proposed, either by Congress or a national convention of the states, it must then be ratified by three-quarters (38 out of 50) of the states. Congress decides whether a proposed amendment is sent to the state legislatures or to state ratifying conventions for ratification. Amendments ratified by the states under either procedure are indistinguishable and have equal validity as part of the Constitution.

The process of amending the Constitution is very difficult and time-consuming. It is important to note that not just any idea to improve America deserves an amendment. The idea must be one of major impact, affecting all Americans or securing the rights of citizens.

State legislatures or state ratifying conventions

The procedure for amending the US Constitution is outlined in Article V, which specifies two methods for proposing amendments: through Congress or a constitutional convention. While amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, none of the 27 amendments to the Constitution have been proposed by a constitutional convention, which would require two-thirds of state legislatures to call for it.

Once an amendment is proposed, it must be ratified by three-fourths of the states, or 38 out of 50 states. Congress determines whether the amendment will be sent to state legislatures or state ratifying conventions for ratification. The state legislatures or ratifying conventions then vote on the proposed amendment. The vote of each state carries equal weight, regardless of its population or length of time in the Union.

When a state ratifies a proposed amendment, it sends the Archivist of the National Archives and Records Administration (NARA) an original or certified copy of the state action. The Office of the Federal Register (OFR) examines these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them.

The OFR retains the ratification 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.

Ratification by three-quarters of states

The process of amending the US Constitution is outlined in Article V, which specifies that amendments must be ratified by three-quarters of the states, or 38 out of 50 states, to become part of the Constitution. This can be done through state legislatures or ratifying conventions in three-quarters of the states. Congress decides which mode of ratification will be used for each amendment, and this decision carries legal weight.

The ratification process begins with the proposal of an amendment, which can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, in practice, all amendments have been proposed by Congress, and no Constitutional Convention has ever been convened for this purpose.

Once an amendment is proposed, it is submitted to the states for ratification. Each state's vote carries equal weight, regardless of its population or length of time in the Union. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who maintains custody of these documents until an amendment is adopted or fails.

The Office of the Federal Register (OFR) plays a crucial role in the process. It examines ratification documents for legal sufficiency and authenticity of signatures. 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 U.S. Statutes at Large, serving as official notice that the amendment process is complete.

In summary, the ratification by three-quarters of the states is a critical step in the constitutional amendment process. It involves the submission of proposed amendments to the states for approval, followed by the collection and verification of ratification documents by the OFR. Once an amendment receives the required number of ratifications, it becomes part of the Constitution, with the Archivist's certification serving as the final confirmation.

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Proclamation by Archivist

The process of amending the Constitution is outlined in Article V, which specifies that amendments can be proposed by either Congress or a national convention of states. Once an amendment has been proposed, it must be ratified by three-fourths of the states, or 38 out of 50, either through their legislatures or ratifying conventions. Congress decides which mode of ratification will be used for each amendment.

The Office of the Federal Register (OFR) plays a crucial role in the amendment process. Once an amendment is ratified by the required number of 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 proclamation 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 Archivist's role in this process is primarily administrative, ensuring the authenticity and legal sufficiency of ratification documents. The certification of an amendment's validity by the Archivist is considered final and conclusive. While the Archivist does not make substantive determinations on the validity of state ratification actions, the signing of the certification has taken on a ceremonial aspect, with dignitaries such as the President sometimes in attendance.

It is worth noting that, historically, all 27 amendments to the Constitution have been proposed by Congress, and none by a constitutional convention. Additionally, the state convention method of ratification has only been used once, for the Twenty-First Amendment in 1933.

In summary, the Archivist's proclamation is a critical step in the constitutional amendment process, providing official confirmation of an amendment's validity and completion of the process. The OFR and the Archivist work together to ensure the integrity and authenticity of the amendment process, with the proclamation serving as a formal conclusion to the process.

Amendment becomes part of Constitution

The process of amending the US Constitution is outlined in Article V, which specifies the steps required for an amendment to become an official part of the document. This process has been utilised for all 27 amendments since the Constitution was first drafted in 1787.

An amendment 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 proposed, the amendment must be ratified, or approved, by three-quarters of the states, or 38 out of 50. Congress decides whether the amendment is sent to state legislatures or state ratifying conventions for this purpose. The vote of each state carries equal weight, regardless of its population or length of time in the Union.

Once an amendment has been ratified by the required number of states, the Office of the Federal Register (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 has been completed.

While Article V outlines the procedure for amending the Constitution, there is debate among scholars and legal theorists about whether it is the exclusive means of doing so. Some argue that the Constitution can be "unconsciously or unwittingly amended" during periods of sustained political activity, or that the people, acting independently of the government, can exercise their legal right to alter or abolish it through proper legal procedures. However, others reject this notion, asserting that the procedure in Article V is simply the exclusive method for the government to amend the Constitution.

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