Amendments: Our Constitution's Living Legacy

The United States Constitution was designed to be a challenging document to amend, with Chief Justice John Marshall writing in the early 1800s that it was written to endure for ages to come. Since its drafting in 1787, there have been only 27 amendments, including the Bill of Rights, which comprises the first 10 amendments. The authority to amend the Constitution is derived from Article V, which outlines two methods for amending the Constitution. One method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The other method is for two-thirds of the state legislatures to request Congress to call a constitutional convention to propose amendments. In both cases, the amendment must be ratified by three-fourths of the state legislatures or ratifying conventions. The process is deliberately challenging, ensuring that amendments are reserved for significant issues affecting all Americans or securing citizens' rights.

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The authority to amend the US Constitution is derived from Article V of the Constitution

Article V provides two methods for amending the Constitution. The first method, outlined in Article V, authorises Congress to propose amendments whenever two-thirds of both Houses deem it necessary. This process requires a joint resolution, bypassing the President, and has been the route for all amendments so far. However, it should be noted that Congress does not have a constitutional role in the amendment process, and their approval is not required. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

The second method, which has never been used, allows states to bypass Congress. Article V states that "on the Application of two-thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments". In this scenario, the convention can propose amendments without requiring Congress's approval, and these proposed amendments are then sent directly to the states for ratification.

Regardless of the method used to propose an amendment, Article V specifies that for an amendment to become part of the Constitution, it must be ratified by three-quarters of the states. This can be achieved through ratification by state legislatures or ratifying conventions in three-quarters of the states. This ensures that any amendment has broad support across the country and is not imposed by a simple majority.

The amendment process, as outlined in Article V, is intentionally difficult and time-consuming. The framers of the Constitution intended it to endure for ages, and so they made amending the document a challenging task. This is evident from the relatively small number of successful amendments, with only 27 amendments ratified and adopted since the Constitution was drafted in 1787.

In summary, Article V of the US Constitution provides the authority and process for amending the nation's supreme law. It ensures a careful and deliberate approach to constitutional changes, requiring broad support across the country and safeguarding the longevity and stability of the Constitution.

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

The United States Constitution was crafted to endure for ages, and amending it was intentionally made to be a difficult task. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a few different ways in which the Constitution can be amended. One method, which has been used for every amendment so far, is that Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This process is detailed in Article V, which states that "whenever two-thirds of both Houses shall deem it necessary," they shall propose Amendments to the Constitution.

This method empowers Congress to initiate the amendment process when a supermajority of its members deem it necessary. It is important to note that the President does not have a constitutional role in this amendment process, and the joint resolution does not require their signature or approval. Once the amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. However, neither Article V of the Constitution nor the relevant statutes describe the ratification process in detail. The Archivist and the Director of the Federal Register follow established procedures and customs, including seeking ratification from the state legislatures or state conventions.

To become part of the Constitution, an amendment must be ratified by three-quarters of the states, either through their legislatures or ratifying conventions. This ensures that any amendment has broad support across the country and is not imposed by a simple majority in Congress. The vote of each state carries equal weight, regardless of its population or length of time in the Union. Once an amendment is ratified by the required number of states, the Archivist certifies its validity, and it becomes part of the Constitution.

Amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures

The United States Constitution was written to be a durable document that would "endure for ages to come". As a result, the process of amending the Constitution is deliberately difficult and time-consuming. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a few different ways in which the Constitution can be amended.

One method by which amendments can be proposed is through a constitutional convention called for by two-thirds of the State legislatures. This method has never been used, but it is a way for states to bypass Congress. Article V states that "on the Application of two-thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments". The convention can propose amendments regardless of whether Congress approves of them or not. These proposed amendments would then be sent to the states for ratification.

For an amendment to become part of the Constitution, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This is the same ratification process for amendments proposed by Congress. The vote of each state (to ratify or reject a proposed amendment) carries equal weight, regardless of the state's population or length of time in the Union.

In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. 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. 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.

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A proposed amendment becomes part of the Constitution when ratified by three-quarters of the States

The process of amending the United States Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made 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 a proposal is made, it is sent to the States for ratification.

The procedure for amending the Constitution was designed to be difficult, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come." The amendment process is indeed challenging and time-consuming, with only 27 successful amendments out of more than 10,000 measures proposed in Congress. This ensures that amendments are reserved for significant changes that impact all Americans or secure the rights of citizens.

The process of ratification involves the Archivist of the United States and the Director of the Federal Register, who is responsible for administering the ratification process. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who then conveys it to the Director of the Federal Register. The Office of the Federal Register (OFR) 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 the amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.

Once the OFR verifies that it has received the required number of authenticated ratification documents (i.e., from three-quarters of the States), 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 Archivist of the United States administers the ratification process

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, 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 duties associated with this function to the Director of the Federal Register.

The Archivist's role in the ratification process involves receiving an original or certified copy of state action from a state that has ratified a proposed amendment. This copy is immediately conveyed to the Director of the Federal Register, who 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 is complete. The Archivist does not make any substantive determinations regarding the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.

The Archivist of the United States is appointed by the President with the advice and consent of the Senate. Their duties include safeguarding and making available for study all valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights. They also have responsibilities concerning the custody of Electoral College documents during presidential elections.

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