How Amendments Are Proposed In The Constitution

The process of amending the Constitution is outlined in Article V of the US Constitution. 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 called for by two-thirds of state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become an official part of the Constitution. The process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). While there have been thousands of proposals to amend the Constitution, only 27 amendments have been successfully added. The process of amending the Constitution is a complex and rarely used mechanism that requires consensus and careful consideration.

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Two-thirds majority in Congress

The United States Constitution, under Article V, outlines the process for amending the Constitution. The Constitution grants Congress the authority to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This process, led by Congress, has been the exclusive method for proposing all 33 amendments submitted to the states for ratification.

The two-thirds majority in Congress is a critical threshold that must be met to initiate the process of amending the Constitution. This supermajority requirement ensures that any changes to the nation's foundational document reflect a broad consensus and are not enacted lightly. It is worth noting that, while a two-thirds majority is required, the presence of a quorum is also necessary. This means that the two-thirds majority is calculated based on the members present and not the entire membership, including those absent.

Once an amendment is proposed by Congress with the requisite two-thirds majority, it is forwarded directly to the National Archives and Records Administration (NARA), specifically the 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 copies of the joint resolution.

The role of the Archivist of the United States is also significant. The Archivist, who heads NARA, is responsible for administering the ratification process. While Article V and the relevant statutes do not provide a detailed description of this process, the Archivist follows established procedures and customs. The proposed amendment is submitted to the states for their consideration, and the governors formally submit it to their state legislatures or call for a convention, as specified by Congress.

It is important to note that, historically, some state legislatures have not waited for official notification before acting on a proposed amendment. The ratification process involves the states, with the requirement for three-fourths of the states (currently 38 out of 50) to approve the amendment for it to become an official part of the Constitution. This process can be facilitated through state legislatures or state ratifying conventions, with Congress specifying the preferred method for each amendment.

Two-thirds of states request a convention

The United States Constitution, in Article V, outlines two methods for proposing amendments. One of these methods involves two-thirds of the state legislatures (34 out of 50) applying for a convention to propose amendments. This process, also known as an Article V Convention, has never been used, but it has come close on several occasions.

The process begins with the state legislatures applying for a convention. Once two-thirds of the states have made this application, Congress is required to call for a constitutional convention. This convention is tasked with proposing amendments, which then need to be ratified by three-fourths of the states (38 out of 50) to become law.

The role of Congress in this process has been a subject of debate. While Congress is mandated to call a convention upon receiving applications from two-thirds of the states, there are questions about the extent of their control over the convention's rules and procedures. The political question doctrine and the Court's ruling in Coleman v. Miller (1939) have also raised the question of whether federal courts could intervene if Congress refused to call a convention.

The process of amending the Constitution is a significant undertaking. While the Article V Convention method has not been utilised, it has been considered by many states, with over 700 applications submitted. The other method, a two-thirds vote in both houses of Congress, has been used to propose 33 amendments, of which 27 have been ratified.

The procedure for proposing and ratifying amendments ensures that any changes to the Constitution reflect a broad consensus among the states and undergo a thorough deliberative process.

Ratification by three-fourths of states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The authority to amend the Constitution is derived from this article. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all amendments have been proposed by Congress, and none have been proposed by a constitutional convention.

Once an amendment is proposed by Congress, it is submitted to the states for their consideration. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist sends a letter of notification to each state governor, along with informational material.

For an amendment to become an official part of the Constitution, it must be ratified by three-fourths of the states, which currently equates to 38 out of 50 states. This ratification can be achieved through the state legislatures or state ratifying conventions in three-fourths of the states, as specified by Congress. The state legislature ratification method has been utilised for all amendments except one, the Twenty-first Amendment, which was ratified by state conventions in 1933.

When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.

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 to Congress and the nation that the amendment process is complete. The certification document typically includes a list of the states that ratified the amendment and is used by the federal government for record-keeping purposes.

It is important to note that the ratification process is not detailed in Article V of the Constitution or the relevant statutory provisions. The procedures followed by the Archivist and the Director of the Federal Register are based on customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties.

In summary, the ratification by three-fourths of the states is a crucial step in the constitutional amendment process in the United States. It involves the states' approval of a proposed amendment through their state legislatures or ratifying conventions, with the final certification being made by the Archivist of the United States, officially recognising the amendment as part of the Constitution.

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Role of the Archivist

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is a crucial figure in this process.

The Archivist's Role:

The Archivist of the United States plays a significant role in the constitutional amendment process. Once Congress proposes an amendment, the Archivist is responsible for administering the ratification process. While Article V of the Constitution does not outline the ratification process in detail, the Archivist follows established procedures and customs previously performed by the Secretary of State and the Administrator of General Services.

The Archivist's Duties:

The Archivist's duties in the amendment process include delegating certain functions to the Director of the Federal Register. The Director of the Federal Register, in turn, prepares informational material and processes the original document, adding legislative history notes and publishing it in slip law format.

Submission to States:

A key duty of the Archivist is submitting the proposed amendment to the States for their consideration. This involves sending a letter of notification to each Governor, along with the informational material prepared by the Director of the Federal Register. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.

Certification of Validity:

Another critical role of the Archivist is certifying the validity of an amendment. Once the OFR verifies that it has received authenticated ratification documents from three-fourths of the States (38 out of 50), 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 is complete.

The Archivist's role in the constitutional amendment process is primarily administrative, ensuring the smooth functioning of the ratification process and providing official certification of the amendment's validity. This role is integral to the process of amending the Constitution of the United States.

The convention method

Article V of the United States Constitution outlines the process by which the federal Constitution may be altered. Amendments to the Constitution can be proposed by Congress or by a national constitutional convention.

There are several debates surrounding the convention method. One is the "runaway convention" debate, which questions whether the convention can be limited in any way, or whether it could make amendments on a wide range of issues. Another debate centres on Congress's control over other aspects of the convention, such as the rules of procedure and the choice of delegates. Some scholars argue that the states should be able to determine the scope of the convention by applying for a convention on a specific subject or group of subjects, while others argue that the text of the Constitution only provides for a general convention, not limited in scope.

Once an amendment has been proposed by the convention, it is submitted to the states for ratification. The amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or through state ratifying conventions. The Congress specifies the ratification method, and it has almost always chosen the state legislature method.

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