Amending The Constitution: Who Can Propose Changes?

The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments to the Constitution can be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate, or by a convention called by Congress at the request of two-thirds of state legislatures. State legislatures generate more than 80% of constitutional amendments considered and approved annually. Once an amendment is proposed, it is submitted to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-quarters of state legislatures or ratifying conventions in three-quarters of states. The US Constitution has been amended 27 times, while state constitutions have been amended around 7,000 times.

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Two-thirds of both Houses of Congress propose Amendments

The United States Constitution provides two methods for proposing amendments. The first method, which has been used for all existing amendments, involves two-thirds of both Houses of Congress proposing an amendment. This process bypasses the convention method and allows Congress to maintain control over the amendment process.

The second method, which has never been used, is the convention method. This method involves two-thirds of the state legislatures applying to Congress to call a convention for proposing amendments. The convention method was included in the original Constitution to address potential federal governmental abuses. However, it has not been utilised due to the fear of a "runaway convention," where a convention proposes amendments on subjects other than those intended.

When two-thirds of both Houses of Congress propose an amendment, it is done 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. Instead, the original document is sent directly 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 the amendment process. They add legislative history notes to the joint resolution and publish it in slip law format. Additionally, they assemble 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.

Once the proposed amendment is processed and published by the OFR, the Archivist of the United States submits it to the states for their consideration. Each 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 call for a convention, as specified by Congress.

To become part of the Constitution, a proposed amendment must be ratified by three-fourths of the states (38 out of 50). Once an amendment is ratified by the required number of states, the OFR drafts a formal proclamation for the Archivist to certify its validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notification to Congress and the nation that the amendment process is complete.

Two-thirds of State Legislatures can request a Convention

The United States Constitution, specifically Article V, outlines two methods for proposing amendments. One method is through Congress, where a two-thirds vote in both houses is required to propose an amendment. The other method is through a convention, which has never been used. This method allows two-thirds of state legislatures (34 out of 50) to request a convention for proposing amendments.

The convention method was designed to bypass the federal government, as the congressional proposal method is controlled by Congress. This provides an avenue for proposing amendments that may be opposed by Congress, such as those limiting its powers. Despite its potential, the convention method has never been utilised due to concerns about a ""runaway convention". This refers to the possibility of a convention proposing amendments on topics other than those specified in the original request.

When two-thirds of state legislatures apply, Congress is mandated to call a convention for proposing amendments. This convention can then propose amendments without requiring Congress's approval. The proposed amendments are then 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), either through their legislatures or by conventions in three-fourths of the states.

While the convention method offers an alternative path for proposing amendments, it has faced challenges due to the lack of detailed procedures in Article V. The absence of explicit guidelines regarding the composition and nature of the convention has led to concerns and hesitancy to utilise this method.

Congress chooses the method of ratification

The authority to amend the US Constitution 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. However, neither Article V of the Constitution nor 1 U.S.C. 106b outlines the ratification process in detail.

Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification.

The Archivist 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. At this point, the mode of ratification is determined by Congress. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.

Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). 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. 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.

In summary, while Congress chooses the method of ratification, the Archivist of the United States and the Director of the Federal Register play crucial roles in administering the ratification process and ensuring its legality and finality.

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Three-quarters of States must ratify Amendments

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 by Congress or by a constitutional convention called for by two-thirds of the State legislatures. Once a proposal is made, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this stage by adding legislative history notes, publishing the proposal, and preparing an information package for the States.

After the proposal is submitted to the States, the focus shifts to the ratification process. This is where the requirement of three-quarters of States ratifying the amendment comes into play. For an amendment to become part of the Constitution, it must be ratified by the legislatures of three-quarters of the States, which currently equates to 38 out of 50 States. This requirement ensures that any change to the Constitution reflects the will of a significant majority of the country.

The process of ratification involves the Governors formally submitting the amendment to their State legislatures or calling for a convention, depending on Congress's instructions. Once a State ratifies the amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who oversees the ratification process. The OFR examines these documents for legal sufficiency and authenticity.

The OFR retains the documents until an amendment is adopted or fails. Once three-quarters of the States have ratified the amendment, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register, marking the completion of the amendment process. While there have been debates about the ability of States to rescind their ratification, the final decision rests with the Archivist, whose certification is considered final and conclusive.

In summary, the requirement for three-quarters of States to ratify amendments ensures that any changes to the Constitution are broadly supported across the country. The process involves multiple checks and balances, including the role of Congress, State legislatures or conventions, the Archivist of the United States, and the OFR, all working together to ensure a thorough and valid amendment process.

The Archivist of the United States administers the ratification process

The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist, who heads the National Archives and Records Administration (NARA), assumes this duty under the provisions of 1 U.S.C. 106b. While the Archivist has delegated many of the associated ministerial tasks to the Director of the Federal Register, they still play a crucial role in the process.

Once Congress proposes an amendment in the form of a joint resolution, the original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then prepares an information package for the States, which includes the joint resolution and the statutory procedure for ratification. At this point, the Archivist steps in to submit the proposed amendment to the States for their consideration. This submission involves sending a letter of notification to each Governor, along with the informational material prepared by the OFR.

After receiving the proposed amendment, the Governors formally submit it to their State legislatures or call for a convention, depending on Congress's specifications. When a State ratifies the proposed amendment, it sends the Archivist an original or certified copy of the State action. This copy is then conveyed to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and an authenticating signature.

The OFR retains these documents until an amendment is adopted or fails. Once three-quarters of the States (38 out of 50) ratify 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. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

The role of the Archivist of the United States in the ratification process is, therefore, crucial to upholding the integrity of the constitutional amendment process and ensuring that changes to the Constitution are carried out in accordance with the law. The Archivist's duties extend beyond the ratification process, as they are also responsible for safeguarding and making available for study all permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights. They also have duties concerning the custody of Electoral College documents during presidential elections and maintain custody of original Acts of Congress.

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