Amending The Constitution: Understanding The Government's Role

The process of amending the Constitution in the United States is a complex and lengthy procedure, with only 27 amendments since the Constitution was first drafted in 1787. The authority to amend the Constitution is derived from Article V, which outlines that amendments are proposed by Congress in the form of a joint resolution. This proposal is then forwarded to the National Archives and Records Administration (NARA) for processing and publication, before being submitted to the States for their consideration. For an amendment to be successful, it must be ratified by three-fourths of the States, or 38 out of 50. This process ensures that any changes made to the Constitution are significant and have a broad impact on the nation.

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The Congress proposes an amendment

The process of amending the Constitution of the United States is laid out in Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution. This joint resolution does not require the signature or approval of the President, as they do not have a constitutional role in the amendment process.

The original document is sent to the 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. They also assemble an information package for the States, which includes "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.

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.

For an amendment to become part of the Constitution, it must be 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 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 of the US administers the ratification process

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, 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 Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble 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 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 the state calls 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 good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).

When 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 and serves as official notice to the Congress and to the Nation that the amendment process has been completed. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

State legislatures submit the amendment to their states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is the responsibility of Congress to propose an amendment in the form of a joint resolution. Notably, the President does not have a constitutional role in this process. Once an amendment is proposed by Congress, it is forwarded 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 facilitating the amendment 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.

State legislatures are pivotal in the amendment process as they consider and approve the majority of constitutional amendments. In fact, over 80% of constitutional amendments that are considered and approved each year originate from state legislatures. This highlights the significant influence that state legislatures have in shaping the constitutional landscape.

Furthermore, states offer multiple paths for amending their constitutions, making the process more accessible than amending the federal Constitution. The frequency with which states amend their constitutions varies, with some states making changes more frequently than others. For instance, the constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more regularly, while Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions less often.

In addition to the role of state legislatures, it is worth mentioning that in some states, conventions or commissions also play a part in proposing amendments. However, any amendments proposed by conventions are typically submitted to voters for approval, ensuring democratic participation in the process.

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The OFR examines ratification documents

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution involves several steps and multiple entities within the United States government. After Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process.

The original amendment document is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in this process by examining the ratification documents to ensure their legality and authenticity. This includes verifying facial legal sufficiency and the presence of an authenticating signature.

The OFR's examination of ratification documents is a meticulous process. Once the OFR receives the ratification documents from the States, it scrutinises them to ensure they meet the necessary legal standards. This involves a comprehensive review of the content, structure, and format of the documents to ensure they comply with the legal requirements for amending the Constitution.

The OFR's team of experts carefully evaluates each document, cross-referencing it with applicable laws, regulations, and constitutional provisions. They assess whether the documents are properly authorised, accurately drafted, and comply with any specified procedures or guidelines. This meticulous examination ensures that the amendment process adheres to the established legal framework and helps maintain the integrity of the constitutional amendment process.

In addition to examining the legal sufficiency, the OFR also authenticates the signatures on the ratification documents. This step is crucial in verifying the validity of the documents and ensuring that they have been duly authorised by the appropriate authorities. Only when the OFR is satisfied that the documents are legally sufficient and bear the required authenticating signatures does it acknowledge receipt and take custody of them.

The OFR's role in examining ratification documents is essential to maintain the integrity and legality of the constitutional amendment process. By scrutinising the documents, the OFR ensures that any amendments to the Constitution are properly authorised, legally valid, and conform to the established procedures. This meticulous examination helps prevent any potential legal challenges or ambiguities surrounding the amendment process, contributing to the overall transparency and legitimacy of constitutional amendments.

A proposed amendment becomes part of the Constitution

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated in two ways. Firstly, the Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, in practice, all amendments to date have been proposed by Congress, and a Constitutional Convention has never been convened for proposing amendments.

Once an amendment is proposed, it is forwarded 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. They also prepare an information package for the states, which includes formal copies of the joint resolution and the statutory procedure for ratification.

The proposed amendment is then submitted to the states for their consideration. Each state's governor receives 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.

The process of amending the Constitution is deliberately challenging, as Chief Justice John Marshall noted that the Constitution was written "to endure for ages to come." As a result, the framers made it a difficult task to amend the document. The amendment process ensures that any changes made are thoroughly considered and have a significant impact on the nation and its citizens.

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