The Amendment That Shaped America's Future

The United States Constitution has been amended 27 times, with approximately 11,848 proposals to amend it introduced in Congress since 1789. The authority to amend the Constitution comes from Article V of the Constitution, which outlines a two-step process: proposing and ratifying amendments. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). The process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791, with Amendment XI following in 1795. The most recent amendment, the 27th, was recognised in 1992.

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The US Constitution amendment process

The US Constitution, the nation's foundational document, has been amended 27 times since its ratification in 1787. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the process for altering the document.

The process of amending the US Constitution consists of two steps: proposing an amendment and subsequent ratification. An amendment may 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. Congress proposes amendments in the form of a joint resolution, which is 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 and publishes it in slip law format, as well as assembling an information package for the States.

Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. This latter method has only been used once in American history, for the ratification of the Twenty-First Amendment in 1933. Each state's vote carries equal weight, regardless of its population or length of time in the Union.

When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist of the United States 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 signing of the certification has become a ceremonial function attended by dignitaries, including sometimes the President.

While Article V of the Constitution provides the framework for the amendment process, there is debate among scholars about whether it is the exclusive means of amending the Constitution. Some argue that there may be other routes to amendment, including periods of sustained political activity that could unconsciously or unwittingly amend the Constitution. Additionally, the amendment process has evolved and deviated from the original intentions outlined in Article V, leading to discussions about the legitimacy of these changes.

The Bill of Rights

The process of amending the US Constitution is a two-step procedure, with amendments needing to be properly 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 state legislatures.

Once an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.

Ratification of amendments

The process of ratifying amendments can vary across nations. For instance, Australia and Ireland's constitutions mandate that amendments be passed by the legislature before being submitted to the people. In Ireland, a simple majority of voters is required, while Australia demands a majority of voters in a majority of states. Switzerland follows a similar procedure to Australia. In contrast, the former constitution of Alabama was amended 977 times between 1901 and 2022, when it was replaced.

In the United States, the Constitution grants the authority to amend it, and an amendment can be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate. Notably, none of the 27 amendments to the Constitution have originated from a constitutional convention. The President does not play a role in this process. Once proposed, the amendment is sent to the Office of the Federal Register (OFR) for processing and publication, including the addition of legislative history notes. The OFR also prepares an information package for the states.

The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. The Archivist follows procedures established by the Secretary of State and the Administrator of General Services, with many duties delegated to the Director of the Federal Register. The amendment is submitted to the states for their consideration, and ratification documents are sent to the Archivist and Director for verification and acknowledgment.

An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). The OFR verifies the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation of the completed amendment process. The certification signing has become a ceremonial function attended by dignitaries, including the President on some occasions.

The process of ratifying amendments can be challenging, as evident in the struggles faced by supporters of congressional term limits and a balanced budget amendment in the United States. Nevertheless, successful amendments contribute to the enduring nature of the Constitution.

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The role of the President

The President of the United States does not have a constitutional role in the amendment process. However, the President may be involved in the ceremonial function of signing the certification of a new amendment. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.

The 25th Amendment outlines the role of the President in the event of a vacancy in the office of the Vice President. In such a case, the President nominates a new Vice President, who takes office upon confirmation by a majority vote in both Houses of Congress.

The 25th Amendment also addresses the situation in which the President is removed from office, dies, or resigns. In this case, the Vice President becomes President. If the President declares in writing that they are unable to discharge the powers and duties of their office, the Vice President becomes Acting President until the President transmits a written declaration to the contrary.

The 12th Amendment superseded a portion of Article II, Section 1 of the Constitution, which deals with the election of the President and Vice President. The Amendment stipulates that each elector must distinguish between a vote for President and a vote for Vice President, ensuring that the two offices are not filled by candidates from the same state.

State-level ratification

The process of amending the Constitution of the United States is detailed in Article Five of the Constitution. This article outlines a two-step process, requiring amendments to be both proposed and ratified before becoming operative.

The first step of this process involves proposing an amendment. This can be done in two ways: by the US Congress, with a two-thirds majority vote in both the House of Representatives and the Senate; or by a national convention, called by Congress on the application of two-thirds of state legislatures (34 states, since 1959). To date, all amendments have been proposed by Congress, with none proposed by constitutional convention.

The second step of the process involves ratification by the states. Once an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties.

Upon receiving the required number of authenticated ratification documents from the states, the Archivist issues a certificate, officially proclaiming that the amendment has become an operative part of the Constitution. This certification is then 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.

Since the early 20th century, Congress has occasionally stipulated a deadline for ratification, requiring an amendment to be ratified by the requisite number of states within a certain period (often seven years) from its submission to the states. This authority to set a ratification deadline was affirmed by the Supreme Court in 1939. In the absence of a deadline, an amendment can remain pending indefinitely and may be ratified long after being proposed.

In summary, the process of amending the US Constitution involves proposing an amendment through Congress or a national convention, followed by ratification by at least three-fourths of the states. The Archivist of the United States plays a crucial role in administering the ratification process and issuing the final certification, which is published as official notice. Congress can also set ratification deadlines to ensure timely completion of the amendment process.

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