Congress's Role In Amending The Constitution

The process of amending the US Constitution is a challenging and time-consuming endeavour, as the framers of the Constitution intended to create a stable system. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. Congress must propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, or two-thirds of state legislatures can request Congress to call a Constitutional Convention, although this has never occurred. Once Congress proposes an amendment, it is sent to the states for ratification, with three-fourths of the states needing to approve for it to become part of the Constitution. This process ensures that only widely supported amendments are enacted, reflecting the framers' caution and the need for checks and balances in the system.

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Two-thirds majority vote in both the House of Representatives and the Senate

The process of amending the US Constitution is a challenging one, and for good reason. The framers of the Constitution intended to create a stable system that would "endure for ages to come". To achieve this, they made it difficult to amend the Constitution, requiring a two-thirds majority vote in both the House of Representatives and the Senate for any proposed changes. This means that out of the 435 members of the House, 290 must agree, and in the Senate, 67 out of 100 members must approve the amendment. This is a crucial step in the process, as without it, an amendment cannot be proposed.

Congress initiates the amendment process by passing an amendment with this two-thirds majority in both chambers. This is done through a joint resolution, which does not require the signature or approval of the President. Once this resolution has been passed, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Director of the Federal Register within NARA then adds legislative history notes to the joint resolution and publishes it in slip law format.

After Congress proposes an amendment, the states must ratify it for it to become part of the Constitution. This is another challenging step, as three-fourths of the states (38 out of 50) must approve the amendment for it to be enacted. This ensures that any amendments have widespread support and are not just the will of a small majority.

The process of amending the Constitution, as outlined in Article V, has been used to propose 33 constitutional amendments, 27 of which have been ratified by the states. The high bar set by the framers of the Constitution has ensured that only widely supported and carefully considered amendments are made to this important document.

Joint resolution

The process of amending the US Constitution is governed by Article V of the Constitution. Congress plays a crucial role in this process, as it is responsible for proposing amendments. To propose an amendment, Congress must pass it by a two-thirds majority vote in both the House of Representatives and the Senate. This means that 290 out of 435 members of the House and 67 out of 100 members of the Senate must agree on the amendment. Congress initiates the amendment process by passing an amendment with this supermajority in both chambers.

Once Congress has proposed an amendment, it is 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 to the joint resolution and publishes it in slip law format. This is a critical step, as it ensures that the proposed amendment has been formally introduced and is accessible to the public.

After Congress proposes an amendment, the states must ratify it for it to become part of the Constitution. According to Article V, three-fourths of the states (38 out of 50 states) must approve the amendment for it to be enacted. This requirement gives the states significant power in the amendment process, as they can either support or reject proposed changes. The challenging process ensures that only widely supported amendments are enacted, reflecting the framers' caution and the need for checks and balances.

The OFR plays a crucial role in the ratification process by examining the ratification documents for facial legal sufficiency and authenticating 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 serves as official notice that the amendment process has been completed.

State ratification

The process of amending the US Constitution is a difficult and time-consuming endeavour. This is by design—the framers of the Constitution intended to create a stable system. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights.

The process of state ratification begins with the governors, who formally submit the amendment to their state legislatures. The state legislatures then take action on the proposed amendment. When a state ratifies, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with the ratification process to the Director of the Federal Register. The Director 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 until an amendment is adopted or fails.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states. At this point, 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 and serves as official notice to Congress and the nation that the amendment process has been completed.

In summary, state ratification is a critical step in the process of amending the US Constitution. It involves the review and approval of proposed amendments by state legislatures, followed by the submission of ratification documents to the Archivist of the United States for certification. The high threshold for state ratification ensures that amendments reflect widespread support and underscores the framers' intent to create a stable and enduring constitutional framework.

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The Archivist's role

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment to the Constitution. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The ratification process is not described in detail by either Article V of the Constitution or 1 U.S.C. 106b. Instead, the Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State and the Administrator of General Services, who performed these duties prior to NARA assuming responsibility in 1985.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines 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 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 and serves as official notice to the Congress and the Nation that the amendment process has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.

Article V

Proposal by Congress

The first method involves Congress proposing amendments to the Constitution. For this to occur, two-thirds of both Houses of Congress must deem it necessary to propose an amendment. This method has been used to propose thirty-three constitutional amendments since the Founding, twenty-seven of which have been ratified by the states and have become part of the Constitution.

Proposal by Convention

The second method, which has never been used, involves Congress calling a Convention for proposing amendments upon the request of two-thirds of the state legislatures. This method was included in the Constitution to address concerns that Congress would block amendments favourable to the states. There is ongoing debate among scholars about the specifics of this method, including whether Congress must call a convention upon receiving the requisite number of state applications and whether the convention can be limited to specific subjects.

It is important to note that the President does not have a formal constitutional role in the amendment process, although some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification.

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