Amendments: How Does The Constitution Change?

The United States Constitution has been amended 27 times since it was first drafted in 1787, with the first 10 amendments being adopted four years later as the Bill of Rights. The process of amending the Constitution is outlined in Article V of the Constitution and is known to be very difficult and time-consuming. Amendments can be proposed by two-thirds of both houses of Congress or by two-thirds of state legislatures, who can request that Congress call a Constitutional Convention. Once an amendment is proposed, it is sent to the states for their consideration, and it becomes part of the Constitution once it is ratified by three-fourths of the states.

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The authority to amend

The process begins with Congress, which proposes an amendment in the form of a joint resolution. 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 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.

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 the statutory procedure for ratification. The Archivist of the United States then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the 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 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, serving as official notice to Congress and the Nation that the amendment process has been completed.

The amendment proposal

The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The authority to propose amendments is derived from Article V of the Constitution, which outlines the two methods by which an amendment process can be initiated.

The first method, which has been utilised for all 27 amendments, involves a two-step procedure. Firstly, two-thirds of both houses of Congress must pass a proposed amendment in the form of a joint resolution. This joint resolution is then forwarded directly to the Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, creating an information package for the states.

The second step involves the states. The proposed amendment is submitted to the states for their consideration, with each governor receiving a letter of notification along with the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures, or a state may call for a convention, depending on Congress's specifications. For an amendment to be ratified, three-fourths of the state legislatures (38 out of 50 states) must approve it.

The second method to initiate the amendment process is for two-thirds of state legislatures to request that Congress call a Constitutional Convention. While this method has never been used, it remains a viable option.

The process of amending the Constitution is deliberately challenging, ensuring that any changes made are significant and impact all Americans or secure the rights of citizens.

The ratification process

The OFR plays a crucial role in the process by adding legislative history notes to the joint resolution, publishing it in slip law format, and assembling an information package for the States. This package includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification. The OFR's role ensures that all relevant information is provided to the States during the ratification process.

The Archivist of the United States, who heads NARA, then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. At this stage, the Governors formally submit the amendment to their State legislatures or call for a convention, depending on the specifications provided by Congress.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines these ratification documents for facial legal sufficiency and authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails.

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 to Congress and the Nation that the amendment process has been successfully completed.

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The Bill of Rights

The ratified amendments constitute the Bill of Rights, which includes guarantees of individual rights and limitations on federal and state governments. The Bill of Rights was necessary because the original Constitution did not include a specific declaration of individual rights. It outlined what the government could do but did not specify what it could not do. The absence of a Bill of Rights was an obstacle to the Constitution's ratification by the states, and many Americans opposed the new government because of this omission.

The amendment certification

The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. It is a process that starts with Congress, which proposes an amendment in the form of a joint resolution. This joint resolution is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.

The OFR plays a crucial role in the amendment certification 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, copies in slip law format, and the statutory procedure for ratification.

The proposed amendment is then submitted to the States for their consideration. Governors formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50).

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. This certification confirms that the amendment is valid and has become part of the Constitution. The amendment 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.

In summary, the amendment certification is a critical step in the process of amending the Constitution. It involves the OFR, the Archivist, and the States working together to ensure that a proposed amendment has been duly ratified and becomes an official part of the nation's governing document.

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