Omar Bennett
The last step in amending the US Constitution is when a proposed amendment becomes part of the Constitution after being ratified by three-fourths of the States (38 out of 50 States). The OFR (Office of the Federal Register) verifies that it has received the required number of authenticated ratification documents, then 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.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposal method | Constitutional convention called for by two-thirds of state legislatures |
| Amendment format | Joint resolution |
| Presidential role | No constitutional role |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Ratification administration | Archivist of the United States |
| Ratification duties | Director of the Federal Register |
| Ratification process | Not described in detail in Article V or 1 U.S.C. 106b |
| Ratification procedures | Established by the Secretary of State and the Administrator of General Services |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by States | 27 |
| Number of amendments proposed but not ratified | 6 |
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What You'll Learn
The Congress proposes an amendment
The process of amending the US Constitution is outlined in Article V of the Constitution. The Congress proposes an amendment, which is the first step in this process. This proposal can be made in two ways, with the first being the method used for all amendments so far. The House and Senate must propose a constitutional amendment with a two-thirds majority vote in both chambers. This is the only method for proposing amendments that has been used thus far.
The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This convention can propose amendments, regardless of whether Congress approves of them or not, and they are then sent to the states for ratification.
Once the amendment is proposed by Congress, 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 proposed amendment is submitted to the states for their consideration, and the Governors then formally submit it to their State legislatures.
The amendment becomes part of the Constitution once it is ratified by three-quarters 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 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.
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The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of amending the US Constitution. The authority to amend the Constitution is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist, who heads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process as outlined in 1 U.S.C. 106b.
The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The specific procedures for the ratification process are not detailed in Article V of the Constitution or in Section 106b. Instead, the Archivist and the Director of the Federal Register follow the procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
The Archivist plays a crucial role in the amendment process. Once an amendment is proposed by Congress, the Archivist submits it to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by the Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications.
When 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 the ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
Finally, when the OFR verifies that it has received the required number of authenticated ratification documents (approval by three-fourths of the States, or 38 out of 50 States), 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's certification of the legal sufficiency of ratification documents is considered final and conclusive.
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The OFR verifies the required number of authenticated ratification documents
The process of amending the US Constitution is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who is the head of the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. The Archivist delegates many of the duties associated with this function to the Director of the Federal Register.
The Director of the Federal Register's role is to ensure that the ratification documents are in order. 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 out of 50 States). The OFR verifies that it has received the required number of authenticated ratification documents, and then 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 the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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The Archivist certifies the amendment is valid
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's role is to certify that the amendment is valid and has become part of the Constitution. This certification is the final step in the constitutional amendment process and is published in the Federal Register and U.S. Statutes at Large. It serves as official notice to Congress and the nation that the amendment process has been completed.
The Archivist's role is primarily ministerial, examining ratification documents for facial legal sufficiency and authenticating signatures. The Archivist does not make any substantive determinations regarding the validity of state ratification actions. The certification confirms that the amendment has been ratified by three-fourths of the States (38 out of 50) and is now a valid part of the Constitution.
While the Archivist's interpretation of the statutory text is generally respected, their decision to certify and publish amendments has been challenged in court. In the case of Illinois v. Ferriero, the D.C. Circuit refused to order the Archivist to certify the ratification of the Equal Rights Amendment (ERA), ruling that the plaintiffs had not shown a "concrete injury" caused by the Archivist's inaction and that the Archivist's decision had "no legal effect."
The certification of an amendment has become a ceremonial function, with various dignitaries, including the President, witnessing the signing. The Archivist performed the duties of the certifying official for the first time in 1992 for the 27th Amendment, with the Director of the Federal Register signing as a witness.
The authority to amend the Constitution is derived from Article V, which establishes the procedures for proposing and ratifying amendments. While Article V outlines the proposal process, it does not detail the ratification process, leaving this to the discretion of the Archivist and the Director of the Federal Register, who follow established procedures and customs.
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The certification is published in the Federal Register
The process of amending the US Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made 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 Office of the Federal Register (OFR) plays a crucial role in this process. After an amendment is proposed by Congress, the original document is sent directly to the OFR for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, they assemble an information package for the States, which includes formal copies of the joint resolution.
Once the OFR verifies that it has received the required number of authenticated ratification documents from the States, 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 then published in the Federal Register and the U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
The Federal Register is a publication that contains the general and permanent rules of the Federal Government. It is a joint project authorized by the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) and the Government Publishing Office (GPO). The Federal Register is updated daily, providing the public with enhanced access to government information.
In recent history, the signing of the certification has become a ceremonial event witnessed by various dignitaries, including the President on some occasions. This ceremony symbolises the completion of the amendment process and the integration of the new amendment into the US Constitution.
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Frequently asked questions
The final step in amending the US Constitution is ratification by three-fourths of US state legislatures (38 out of 50 states).
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Director of the Federal Register is also involved, performing many of the ministerial duties.
The first step is for two-thirds of both the House and the Senate to propose an amendment, or for two-thirds of state legislatures to request that Congress call a convention for proposing an amendment.
No, all 33 amendments submitted to the states for ratification have originated in Congress.
The President does not have a constitutional role in the amendment process, and their approval is not required for a joint resolution proposing a constitutional amendment. However, in recent history, the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President.
