Revising The Constitution: A Nation's Rewrite

The process of rewriting a constitution is called a constitutional amendment. The procedure for amending a constitution varies across different countries and political systems. In the United States, for example, there are two methods for amending the Constitution, as outlined in Article V. The first method involves Congress proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, requires a constitutional convention called for by two-thirds of the state legislatures (34 states). In other countries, such as the United Kingdom, the final authority on constitutional matters rests with the parliament itself, which can amend quasi-constitutional matters by a simple majority.

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The US Constitution's Article V outlines two methods to amend the nation's frame of government

The second method, which has never been used, requires Congress, on the application of two-thirds of state legislatures (34 out of 50 states), to call a convention for proposing amendments. This convention method can be limited or unlimited, meaning it can either amend the current constitution or abolish and rewrite a new one. The proposed amendments are then submitted to a vote, with a majority required for approval. This method has been criticised as “dangerously vague”, with concerns about the potential influence of corrupted political interests.

The ratification process, which can be initiated by Congress, involves three-fourths of the states (38 out of 50) approving the amendment, either through their state legislatures or state conventions. This ensures that only amendments with broad support across political lines are added to the Constitution. The arduous nature of this process may explain why, out of over 11,000 proposed amendments, only 27 have been successfully ratified into law.

Article V of the US Constitution thus provides a framework for amending the nation's government, allowing for necessary changes while also ensuring stability and durability.

Congress proposes an amendment in the form of a joint resolution

The process of rewriting the constitution is called a constitutional amendment. The U.S. Constitution provides two methods for proposing constitutional amendments. The first method, which has been used for all 27 amendments to the Constitution, involves Congress proposing an amendment in the form of a joint resolution. This requires a two-thirds majority vote in both the House of Representatives and the Senate. The joint resolution is then forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution, publishes it in slip law format, and assembles an information package for the states.

The second method, which has never been used, is a constitutional convention called for by two-thirds of the state legislatures (34 states). This method has gained momentum in recent years, particularly in conservative states, and there are currently four major campaigns advocating for a constitutional convention: the Balanced Budget Amendment (BBA) campaign, the Convention of States (COS) campaign, the Wolf-PAC campaign, and the term limits campaign. However, there are concerns about the lack of rules and the potential for unelected and unaccountable individuals to have a significant influence on the process.

Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process, although many duties have been delegated to the Director of the Federal Register. When the required number of authenticated ratification documents is received, 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 serves as official notice that the amendment process is complete.

Overall, the process of rewriting the constitution, or constitutional amendment, involves Congress proposing an amendment through a joint resolution or a constitutional convention proposing amendments, followed by ratification by a majority of states and certification by the Archivist of the United States.

A constitutional convention can be called for by two-thirds of state legislatures

The process of rewriting the constitution is known as a constitutional amendment. In the United States, there are two methods for proposing amendments to the Constitution, as outlined in Article V. The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.

The second method, which has never been used, is through a constitutional convention called for by two-thirds of state legislatures (34 out of 50 states). This method has gained attention in recent years, with 28 states currently having open calls for constitutional conventions. While some see it as an opportunity for substantive reform, others fear it could lead to the erosion of civil liberties and democratic values.

The constitutional convention method raises several concerns and uncertainties. Firstly, there are no rules or precedents for an Article V Convention outlined in the Constitution. The convention's membership, voting rights, and representation by states are not specified, raising questions about its potential composition and accountability. Secondly, there are no guarantees that the convention would be limited to a single issue or set of amendments. Delegates could, in theory, propose revisions to any part of the Constitution, including fundamental rights and protections.

The process of amending the Constitution through a constitutional convention begins with the state legislatures. They can put a question on the ballot, asking voters whether to call for a convention and specifying its scope. If approved, the convention is assembled, and any proposed amendments must be submitted to the electorate and approved by a majority vote. Finally, for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).

In summary, while the constitutional convention method allows for direct citizen involvement in the amendment process, it also raises concerns about its potential impact on established rights and the lack of clear guidelines in the Constitution.

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Amendments must be approved by a majority of voters in a referendum

The process of rewriting a constitution can be referred to as a "constitutional amendment" or "constitutional reform". In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. This article outlines two methods for proposing amendments: the first authorises Congress to propose amendments whenever two-thirds of both houses deem it necessary, while the second method requires Congress to call a convention for proposing amendments at the request of two-thirds of state legislatures (34 states).

While the process of amending the Constitution is outlined in Article V, there are no specific rules or guidelines for how a constitutional convention should be conducted. This has raised concerns among scholars and politicians about the potential for a convention to be hijacked by extremists or special interest groups. In recent years, there have been increasing calls for a Second Constitutional Convention to make substantive reforms to the federal government by rewriting the Constitution. However, some worry that this could lead to a “total overhaul” of the Constitution, with no limitations on the amendments that could be proposed.

To address these concerns, some states, such as California, have introduced resolutions to rescind their previous calls for a Constitutional Convention. On the other hand, other states, such as Missouri and Ohio, have applied for a convention to consider a balanced budget amendment. As of 2013, it was believed that 33 or 20 states had called for such a convention, with 28 states currently having open calls. This means that the movement is just a few states away from reaching the required threshold of 34 states.

Once an amendment has been proposed, either by Congress or a constitutional convention, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through state legislatures or state conventions, as specified by Congress. The ratification process is administered by the Archivist of the United States, who delegates many of the duties to the Director of the Federal Register.

In some countries, such as the United Kingdom, the final authority on constitutional matters rests with the parliament itself, which can amend the constitution by a simple majority vote. In other countries, such as Texas, a proposed amendment must be approved by an absolute supermajority of two-thirds of the elected membership of each house of the legislature before being submitted to the voters in a referendum. To ensure that voters are well-informed, the full text of the amendment must be posted by county clerks for 30 days before the election, and the ballot must include an explanatory statement approved by the state's Attorney General.

The Archivist of the United States administers the ratification process

The process of rewriting the Constitution of the United States is called a Second Constitutional Convention. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.

The Archivist's role in the ratification process is primarily administrative. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The Director examines these 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 Director verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.

In addition to their role in the ratification process, the Archivist of the United States has other important duties and responsibilities. They are responsible for safeguarding and making available for study all the permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights. The Archivist also has duties concerning the custody of Electoral College documents, such as certificates of ascertainment and certificates of vote produced by the electors of each state.

The Archivist administers NARA's ethics program, including ethics training and education, and serves as a liaison with the Office of Government Ethics. They also administer the regulatory complaint process, providing counseling for complainants and processing discrimination complaints filed against NARA. Furthermore, the Archivist serves as a Dispute Resolution Specialist and administers RESOLVE, NARA's alternative dispute resolution program.

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