Amendments: The Constitution's Authority Granters

The authority to amend the US Constitution is derived from Article V of the Constitution. The first 10 amendments to the Constitution, proposed by the First Congress of the United States on September 25, 1789, form what is known as the Bill of Rights. These amendments were ratified on December 15, 1791. The Tenth Amendment, in particular, clarifies that any powers not specifically given to the federal government, nor withheld from the states, are reserved for those respective states or the people. This amendment has been interpreted as a limitation on the federal government's authority, ensuring it operates within the bounds of its enumerated powers.

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The Tenth Amendment

The amendment's text reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment was proposed by Thomas Burke, a strong advocate for states' rights in the Continental Congress. It aimed to address concerns about the balance of power between state and federal governments, ensuring that the federal government's powers were limited to those explicitly outlined in the Constitution.

Powers reserved by the states

The Tenth Amendment to the US Constitution, ratified in 1791, reserves powers for the state governments that are not specifically delegated to the federal government. This amendment maintains a balance of power between the federal and state governments and protects states' rights by limiting the federal government's ability to regulate or command state governments to adopt policies or enforce federal laws. It grants state governments the authority to regulate public welfare and morality and allows them the freedom to experiment with different ideas and programs.

The Tenth Amendment is part of the Bill of Rights, which comprises the first ten amendments to the Constitution. These amendments were proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. The Tenth Amendment stands out for its brevity, consisting of just a single sentence.

The text of the Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In simpler terms, this means that any power not specifically granted to the federal government by the Constitution is reserved for the states. This dynamic ensures that the federal government's authority is confined to the powers explicitly listed in the Constitution.

The Tenth Amendment has been the subject of interpretation by the Supreme Court, which has adopted a narrow conception of states' reserved powers. For example, in the case of Garcia vs. San Antonio Metropolitan Transit Authority (SAMTA), the Court held that federal labour laws applied to SAMTA despite its claims of federalism. Additionally, in New York vs. United States, the Court confirmed that state participation in the federal political process protects state sovereignty.

The Bill of Rights

The process of amending the Constitution 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, the Archivist of the United States administers the ratification process. An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). The Archivist certifies the validity of the amendment, and this certification serves as official notice to Congress and the nation that the amendment process is complete.

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Article V authority

Article V of the United States Constitution outlines the process for amending the nation's frame of government. It provides two methods for proposing amendments: the first method authorises Congress to propose amendments whenever two-thirds of both houses deem it necessary. The second method requires Congress, on the application of the legislatures of two-thirds of the states, to call a convention for proposing amendments. This convention option has never been invoked, with all 33 amendments submitted to the states for ratification originating in Congress.

Article V also includes two statements prohibiting the amendment of three clauses in Article I. The first clause prevented Congress from passing any law restricting the importation of slaves before 1808, and this is now obsolete. The second clause, still in force, states that direct taxes must be apportioned according to state populations, as described in Article I, Section 2, Clause 3.

Article V thus spells out a few different ways in which the Constitution can be amended. One method, used for every amendment so far, is that Congress proposes an amendment, and the states then decide whether to ratify it. However, in order for Congress to propose an amendment, two-thirds of each House of Congress must vote for it, and then three-quarters of the states must ratify it before it becomes part of the Constitution.

Article V does provide a way for states to bypass Congress, although it has never been used. Two-thirds of the legislatures of the states can apply for Congress to call a convention for proposing amendments. The convention can propose amendments whether Congress approves or not, and these are then sent to the states for ratification. Three-quarters of the states must ratify the amendment for it to become part of the Constitution.

The ratification process

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is known as the ratification process.

The process of ratifying an amendment to the Constitution involves several steps. Firstly, Congress must propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which 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 adds legislative history notes to the joint resolution before publishing it in slip law format.

Once the proposal has been published, it is sent to the states for ratification. The mode of ratification is determined by Congress, and there are two methods specified under Article V. The first method, which has been used for all amendments thus far, requires ratification by three-fourths of the state legislatures (38 out of 50 states). The second method, which has never been utilized, involves a constitutional convention called for by two-thirds of the state legislatures. In this case, the amendment must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.

When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads NARA. The Archivist then delegates the responsibility to the Director of the Federal Register. The OFR examines the ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.

Once three-fourths of the states have ratified the amendment, 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, serving as official notice to Congress and the nation that the amendment process is complete.

It is important to note that the President does not have a constitutional role in the amendment or ratification process, and there is no mention of a time limit for ratification in Article V. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments.

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