How The Constitution Was Amended

The Constitution of the United States has been amended 27 times since it was first drafted in 1787, with the first 10 amendments being adopted in 1791 and known as the Bill of Rights. The authority to amend the Constitution is derived from Article V, which allows for amendments to 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. Amendments become part of the Constitution once they are ratified by three-fourths of the states (38 out of 50). This process has been used to make significant changes, such as granting women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age. The amendment process is deliberately difficult and time-consuming, ensuring that only ideas with a major impact on all Americans or securing citizens' rights are considered.

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Amendments must be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate

The Constitution of the United States has been amended 27 times since 1787, with the first 10 amendments being adopted in 1791 and known as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution. One way in which an amendment can be proposed is by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the signature or approval of the President.

The process of proposing an amendment through Congress involves several steps. Firstly, a proposed amendment must secure a two-thirds majority vote in both the House of Representatives and the Senate. This high threshold ensures that amendments have broad support and are not passed lightly. Once an amendment is proposed by Congress, it is forwarded directly to the Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA).

The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format. This information package ensures that states have the necessary information to consider and act on the proposed amendment.

After an amendment is proposed by Congress and processed by the OFR, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This ratification process is administered by the Archivist of the United States, who heads the NARA. The Archivist's role is to certify that the amendment has met the necessary requirements and has become a valid part of the Constitution. This certification is a formal proclamation published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.

In summary, one way in which a constitutional amendment can be proposed is by securing a two-thirds majority vote in both the House of Representatives and the Senate. This process, led by Congress and involving the OFR and NARA, ensures a rigorous and deliberate approach to amending the Constitution, reflecting the importance and permanence of constitutional changes.

Amendments become part of the Constitution when ratified by 38 of 50 States

The process of amending the Constitution of the United States is outlined in Article V of the 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 the State legislatures.

Once an amendment is proposed, it becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The Office of the Federal Register (OFR) verifies that it has received the required number of authenticated ratification documents, and then drafts a formal proclamation for the Archivist to certify that the amendment is valid. 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 of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, including the President on some occasions.

The process of amending the Constitution is deliberately difficult and time-consuming. Of the many proposed amendments, there have only been 27 successful amendments since the Constitution was drafted in 1787. Amendments must be of major impact, affecting all Americans or securing the rights of citizens. For example, the Tenth Amendment clarified the limited scope of the federal government, specifying that any powers not specifically granted to the federal government are reserved for the states or the people.

The President does not have a constitutional role in the amendment process

The process of amending the Constitution of the United States is derived from Article V of the Constitution. The Constitution can be amended in two ways:

• Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
• A constitutional convention is called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.

The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information. This package ensures that States have the necessary information to consider and act on the proposed amendment.

While the President does not have a constitutional role in proposing or ratifying amendments, there have been instances where Presidents have played an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, even though his signature was not required for its proposal or ratification. Similarly, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

In recent history, the signing of the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.

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The Archivist of the United States is responsible for administering the ratification process

Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. 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 good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. When 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 Congress and the Nation that the amendment process has been completed. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that 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.

The Tenth Amendment clarifies the federal government's limited powers

The Tenth Amendment to the United States Constitution clarifies the federal government's limited powers. It states that the federal government only has the powers delegated to it by the Constitution and that any powers not expressly granted to the federal government are reserved for the states or the people. This amendment was proposed by Thomas Burke, a strong advocate for states' rights, to ensure that the division of powers between the state and federal governments was clear.

The Tenth Amendment expresses the principle of federalism, which is a system in which the federal government and individual states share power through mutual agreement. This amendment was important to Anti-Federalists, who opposed the creation of a powerful federal government. It was proposed by the 1st United States Congress in 1789, during its first term after the Constitution was adopted.

While the Tenth Amendment has been declared a truism by the Supreme Court, suggesting that it adds nothing new to the Constitution, it has been used as a basis for states' rights arguments in various cases. For example, in United States v. Lopez (1995), the Supreme Court struck down a federal law creating a "gun-free zone" on and around public school campuses, as there was no clause in the Constitution authorizing the federal law. This case demonstrated the Tenth Amendment's ability to limit the government's power under the Commerce Clause.

The Tenth Amendment also plays a role in cases involving state sovereignty and federal regulation. In Garcia v. San Antonio Metropolitan Transit Authority (1986), the Supreme Court held that while a city must comply with federal labour laws, state sovereignty interests should be protected through participation in the national political process rather than judicial enforcement of federalism. This case contributed to the development of "Tenth Amendment doctrine," which addresses the federal government's attempts to regulate or command state governments directly.

Despite the Tenth Amendment's clear language, the modern reality is often characterised by significant overlap between state and federal authority. This overlap has resulted from societal and economic changes, as well as the broad interpretation of terms like "commerce." While the amendment aims to protect states' rights, the federal government's powers have expanded over time, impacting areas such as immigration, marijuana laws, and healthcare.

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