The Branch That Ratifies Constitutional Amendments

The United States Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being adopted four years later. The process of amending the Constitution is outlined in Article V, which specifies that amendments must be proposed and ratified before becoming operative. An amendment 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 must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who receives certified copies of state actions and maintains custody of the documents until an amendment is adopted or fails.

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The role of the Archivist of the United States

The process of amending the US Constitution is a two-step process, as per Article V of the Constitution. Amendments must be proposed and ratified before becoming operative. The Archivist of the United States plays a crucial role in this process.

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for supervising and directing NARA, which preserves the records of the US government and makes them accessible to the public. The Archivist has specific duties concerning the custody of important documents, such as Electoral College documents during presidential elections.

In the context of amending the Constitution, the Archivist is responsible for administering the ratification process. Once an amendment is proposed by Congress, it is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles information packages for the states, which include copies of the joint resolution. When a state ratifies the proposed amendment, it sends an original or certified copy of the state action to the Archivist, who immediately conveys it to the Director of the Federal Register.

The OFR examines the ratification documents for authenticity and legal sufficiency. Once the required number of authenticated ratification documents is received, 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 serves as official notice to Congress and the nation that the amendment process is complete.

The two-step process

The United States Constitution was written to endure for ages, and as such, the process of amending it is deliberately difficult and time-consuming. The two-step process of amending the Constitution is outlined in Article V, which details the following procedure:

Firstly, an amendment must be proposed. This can be done in two ways. The first and most common method is for two-thirds of both houses of Congress to propose and vote on an amendment. The second method, which has never been used, is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments.

Secondly, the proposed amendment must be ratified. Again, there are two ways this can occur. The first and most common method is for three-quarters of state legislatures to ratify the amendment. The second method, used only once for the Twenty-First Amendment, is for three-quarters of states to hold ratifying conventions.

Once an amendment has been ratified by three-quarters of the states, it becomes part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become operative.

To date, there have been 27 amendments to the Constitution, including the first ten amendments, known as the Bill of Rights, and the 13th, 14th, and 15th amendments, known as the Reconstruction Amendments. Amending the Constitution is a challenging and rare occurrence, with approximately 11,848 proposals introduced in Congress since 1789, yet only 27 successful amendments.

Ratification by three-fourths of states

The process of amending the United States Constitution is outlined in Article V of the Constitution. It is a two-step process that requires amendments to be properly proposed and ratified before becoming operative.

The first step involves proposing the amendment, which can be done through two methods:

• Congress proposes the 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, this method has never been used to propose an amendment.

Once an amendment is proposed, it is sent to the states for ratification. This is where the "ratification by three-fourths of states" comes into play. To become part of the Constitution, an amendment must be ratified by the legislatures of three-fourths of the states, which currently equates to 38 out of 50 states.

The process of ratification involves each state legislature voting on the proposed amendment. The vote of each state carries equal weight, regardless of its population or length of time in the Union. When a state ratifies an amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who is responsible for administering the ratification process.

The Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA) examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the OFR maintains custody of them until an amendment is adopted or fails.

Once the required number of states (three-fourths) has 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 has been completed.

In summary, "ratification by three-fourths of states" refers to the requirement that an amendment must be ratified by the legislatures of three-fourths of the states in the United States to become part of the Constitution. This process ensures that any changes made to the Constitution reflect the consensus of a significant majority of states.

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The role of Congress

The United States Constitution was designed to endure for ages, and its framers made the process of amending it difficult. The US Constitution has been amended 27 times since it was drafted in 1789, and the amendment process is detailed in Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, and it must be passed by two-thirds of both houses of Congress.

Congress can propose amendments to the Constitution, and it has done so 33 times since 1789. Twenty-seven of these amendments have been ratified by the requisite number of states and are now part of the Constitution. Congress can also call a convention for proposing amendments, but this has never been done. Congress has the authority to set a ratification deadline, and it can also stipulate that an amendment must be ratified by a certain number of states within a certain time frame.

Once an amendment is proposed by Congress, it is sent to the states for ratification. The state legislatures must then decide whether to ratify the amendment. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). This can be done through the state legislatures or state ratifying conventions. The latter method has only been used once, for the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment and ended prohibition.

When an amendment is ratified by the requisite number of states, the Archivist of the United States certifies that it 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 is complete.

The role of the President

The President does not have a constitutional role in the amendment process. However, the President may endorse ideas for amendments, as was the case with President Clinton's endorsement of a crime victims' rights amendment. The President may also be present at the signing of the certification of an amendment, as a ceremonial function.

The President's role in the amendment process is limited, and the executive branch is not involved in proposing or ratifying amendments. The President does not sign off on amendments, and the process does not require their approval or signature.

The President's role, if any, is primarily ceremonial and symbolic. Their presence at the signing of a certified amendment is a reflection of the importance and finality of the amendment becoming part of the Constitution. The President's endorsement of an idea for an amendment can also carry symbolic weight, but it is not a constitutionally mandated or required step in the process.

In summary, while the President may have a peripheral role in the amendment process, their main duty is to respect and uphold the Constitution, including any amendments that are duly proposed, ratified, and certified according to the procedures outlined in Article V of the Constitution.

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