The Constitution: Ratification And Its Impact

Article Five of the United States Constitution outlines the procedure for altering the Constitution. It provides two methods for amending the nation's framework of government. The first method authorizes Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, to propose constitutional amendments. The second method, which has never been used, allows for a convention to propose amendments at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This process ensures that any changes to the Constitution are well-considered and have broad support across the country.

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Article V outlines the process for amending the Constitution

Article V of the U.S. Constitution outlines the process for amending the document. It provides two methods for amending the nation's frame of government. The first method authorises Congress, with a two-thirds majority in both the House of Representatives and the Senate, to propose constitutional amendments. This highlights the necessity of bipartisan support.

The second method, which has never been used, is the convention option. This would involve two-thirds of the state legislatures calling for a convention to propose amendments. In either case, the amendment must then be ratified by three-fourths of the state legislatures or conventions, as determined by Congress.

The Archivist of the United States administers the ratification process, although the specific procedures are not outlined in Article V or 1 U.S.C. 106b. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. Once an amendment is ratified, the Archivist certifies it as valid, and it becomes part of the Constitution.

The process of amending the Constitution was designed to balance facility and difficulty, enabling both the General and State Governments to propose amendments while ensuring that the Constitution is not too mutable. This duality in Article V is the result of compromises made during the 1787 Constitutional Convention, with some arguing that the national legislature should have no role in the amendment process, and others contending that proposals should originate in the national legislature.

Ratification by conventions of nine states

Article VII of the U.S. Constitution states that the "Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same." This means that for the Constitution to be established, it needed to be ratified by nine state conventions. This was indeed achieved, with the ratification of the Constitution in 1788 marking a pivotal moment in American history.

The process of ratifying the Constitution involved each state holding a convention specifically to consider the document. These conventions were made up of delegates chosen by the people of the state. The delegates debated the merits of the Constitution and decided whether or not to ratify it. This process was important because it allowed the people of each state to have a direct say in the adoption of the Constitution, which would become the supreme law of the land.

The ratification of the Constitution by nine states was a significant achievement, but it did not immediately apply to all states. The Constitution became the law of the land only for those states that had ratified it. The remaining states were essentially operating under a different legal system. This situation created a sense of urgency to get the remaining states to ratify the Constitution as well.

The process of convincing the remaining states to ratify the Constitution was not always easy. Some states, like Virginia and New York, were reluctant to agree and demanded certain concessions, such as the promise of a bill of rights to protect individual liberties. This led to the adoption of the first ten amendments, known collectively as the Bill of Rights, in 1791. These amendments protect fundamental rights, such as freedom of speech and religion.

The ratification of the Constitution by nine states was a crucial step in the establishment of the United States as a nation. It demonstrated that there was sufficient support for the Constitution and set the stage for its implementation as the supreme law of the land. The process of ratification also helped to shape the Constitution by addressing the concerns and demands of the individual states.

Anti-Federalists and Federalists dispute

The dispute between Federalists and Anti-Federalists centred around the ratification of the US Constitution in 1787. The Federalists supported ratification, while the Anti-Federalists opposed it.

The Federalists, who included Alexander Hamilton, James Madison, and John Jay, believed that a stronger national government was necessary after the failed Articles of Confederation. They argued that the Constitution provided a system of checks and balances, with each of the three branches able to limit the power of the others. They also believed that the federal courts would protect citizens from government abuse and guarantee their liberty.

The Anti-Federalists, on the other hand, were chiefly concerned that the Constitution gave too much power to the federal government at the expense of the states. They included small farmers and landowners, shopkeepers, and labourers, and they favoured strong state governments, a weak central government, and the direct election of government officials. They also wanted a bill of rights to be included in the Constitution to protect individual liberties. Patrick Henry was an outspoken Anti-Federalist, and other notable writers included Robert Yates (Brutus), George Clinton (Cato), and Samuel Bryan (Centinel).

The dispute played out in the press, with the Federalists writing a series of 85 newspaper essays known as The Federalist Papers in defence of the Constitution. The Anti-Federalists responded with their own series of articles and speeches, known collectively as The Anti-Federalist Papers. Despite their efforts, the Federalists prevailed, and the US Constitution was ratified in 1788, going into effect in 1789. However, the Anti-Federalists' opposition was an important factor in the adoption of the Bill of Rights, which was added in 1791.

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The role of the Archivist

When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Archivist then conveys this to the Director of the Federal Register, who examines the documents for facial legal sufficiency and an authenticating signature. The Archivist does not make determinations on the validity of State ratification actions but does certify the facial legal sufficiency of the ratification documents, which is a final and conclusive decision. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.

Additionally, archivists may take on educational and research roles. They can provide archival orientation and instructional programs to facilitate the research process for students and researchers. They may also organise seminars, workshops, and academic courses to impart skills in archival concepts, critical thinking, and the use of primary sources. The role of the archivist as a researcher is important, as they make collections accessible and organise, describe, and catalogue them, thus facilitating the work of historians and other researchers.

The role of the Director of the Federal Register

The Director of the Federal Register is responsible for the publication of official texts of Federal laws, Presidential documents, and regulations. The Director also serves as the Secretary of the Administrative Committee of the Federal Register (ACFR). The ACFR was established in 1935 as a permanent executive/legislative branch authority charged with overseeing the functions of the Federal Register publication system. The Director of the Federal Register has the legal authority to implement and enforce ACFR regulations. The Director and the staff of the Office of the Federal Register (OFR) exercise day-to-day responsibility for Federal Register operations and publication policy.

The OFR publishes the Federal Register, which is the official journal of the federal government of the United States. It contains government agency rules, proposed rules, and public notices. The Federal Register is published every weekday, except on federal holidays. It is compiled by the OFR and printed by the Government Publishing Office. The OFR also publishes acts of Congress in slip law (pamphlet) form and then cumulates and publishes them for each session of Congress in the United States Statutes at Large.

The Director of the Federal Register plays a crucial role in ensuring the accessibility and transparency of government information. The position has been held by only eight people since 1935, including Oliver Potts, who was appointed in 2015, and Fred Emery, who served from 1970 to 1979 and initiated changes that resulted in the current formatting of Federal Register documents.

During an appropriations lapse, the OFR is required to publish documents directly related to the performance of governmental functions necessary to address imminent threats to human life or property protection. The OFR staff cannot interpret or explain regulations or published documents other than their own or those that appear in 1 CFR Chapter I.

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