Simone Lawson
The process of ratifying the U.S. Constitution is described in Article VII, the final article of the Constitution. Article VII states that the document must be ratified by nine of the thirteen states before it can become law and a new government can be formed. The Constitution also provides that 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. The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal | By a constitutional convention called for by two-thirds of the State legislatures |
| Amendment format | Joint resolution |
| Amendment submission | To NARA's Office of the Federal Register (OFR) |
| Ratification | By nine of the thirteen states |
| Ratification process | State conventions instead of state legislatures |
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What You'll Learn
The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role was established in 1934 when the National Archives was founded as an independent federal agency by Congress. The Archivist is appointed by the President of the United States and is responsible for the supervision and direction of the National Archives.
The Archivist is responsible for preserving, protecting, and sharing the history of the United States. They work with a variety of documents, including paper, photographs, maps, films, and computer records. The Archivist also has duties concerning the custody of important documents, such as state ratifications of amendments to the Constitution and Electoral College documents from United States presidential elections.
In the process of amending the Constitution, the Archivist plays a crucial role. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. This involves receiving certified copies of state actions on the proposed amendment and conveying them to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution.
The current Archivist of the United States is Dr. Colleen J. Shogan, who was sworn in on May 17, 2023. She is the first woman to permanently hold this position and is known for her commitment to civic education and public engagement. Under her leadership, initiatives have been implemented to enhance services and improve accessibility to the National Archives.
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State legislatures vs. state conventions
The process of ratifying the U.S. Constitution involved state legislatures and state conventions, with the former playing a more indirect role compared to the latter. The ratification process began with the drafting and approval of the document by the delegates to the Constitutional Convention in Philadelphia on September 17, 1787. Copies of the proposed Constitution were then sent to each of the 13 states, marking the start of the state-level ratification process.
The role of state legislatures in the ratification process was to receive the proposed Constitution and initiate the process of considering it. However, the actual ratification was carried out through specially-elected state conventions, which were called upon to approve or reject the document. This approach was deliberately chosen by the framers of the Constitution to avoid asking state legislators to directly approve a document that would curtail their powers. By holding ratification conventions, the framers ensured that the new federal Constitution would be seen as superior to any specific state legislature, reflecting the will of the people more directly.
The state legislatures' role in the process was not without significance. They served as intermediaries between the Constitutional Convention and the ratification conventions. The state legislatures received the proposed Constitution and took initial actions, even before receiving official notice in some cases. The state legislatures' involvement in the process provided a link between the framers of the Constitution and the people who would be directly affected by it.
While the state conventions had the crucial task of approving or rejecting the Constitution, their composition and functioning were distinct from the state legislatures. The delegates to the ratification conventions were elected specifically for this purpose, representing their neighbours' interests. The conventions brought together prominent individuals who may not have been state legislators, contributing to a diverse ratification debate. The ad hoc nature of the state conventions, meeting only once before disbanding, also made it politically easier to obtain ratification.
In conclusion, the ratification process of the U.S. Constitution involved a collaboration between state legislatures and state conventions. While the state legislatures played a preparatory role, the state conventions held the power to make the Constitution a binding document. This division of responsibilities struck a balance between the interests of existing power structures and the direct expression of the people's will, ultimately leading to the establishment of the Constitution as the supreme law of the land.
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The Federal Register
The OFR also assembles an information package for the states, providing them with the necessary materials to consider and act on the proposed amendment. This package includes formal "red-line" copies and slip law format copies of the joint resolution. The states then have the authority to decide on the proposed amendment, either through their state legislatures or specially-elected state conventions, depending on Congress's specifications.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who then conveys it to the Director of the Federal Register. The OFR examines these ratification documents for facial legal sufficiency and authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
The proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). At this point, the OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify. This certification confirms the validity of the amendment and is published in the Federal Register, serving as official notice to Congress and the nation that the amendment process is complete.
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The role of the President
The President is not directly involved in proposing or approving amendments. Instead, the joint resolution proposing an amendment is forwarded 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 ratification process, adding legislative history notes to the joint resolution and publishing it in slip law format. It also assembles an information package for the states, providing formal "red-line" copies of the resolution.
Once an amendment is proposed, the role of the President remains minimal. The process of ratification falls primarily to the states, which hold ratifying conventions or submit the amendment to their state legislatures for consideration. The President is not directly involved in these state-level deliberations.
However, it is worth noting that the President can influence public opinion and the overall political climate surrounding the ratification process. They can use their platform to advocate for or against specific amendments, potentially shaping public sentiment and influencing the decisions of state-level representatives.
In recent history, the completion of the ratification process has included a ceremonial function attended by various dignitaries, including the President. While this is not a constitutional requirement, it highlights the importance and finality of the amendment's adoption.
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The Bill of Rights
The Constitution grants Congress the authority to propose amendments, which require a two-thirds majority vote in both the House of Representatives and the Senate. Interestingly, none of the 27 amendments to the Constitution have been proposed by a constitutional convention, which is the other method outlined in Article V for proposing amendments.
Once an amendment is proposed by Congress, it is sent to the states for ratification. The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
For an amendment to be ratified, it must be approved by three-fourths of the states (38 out of 50). When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
The process of adding the Bill of Rights to the Constitution involved proposing amendments and seeking ratification from the states. This process, outlined in Article V of the Constitution, ensures that any changes to the nation's governing document are carefully considered and approved by a significant majority of states.
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Frequently asked questions
Article VII of the US Constitution describes the ratification process.
Ratification is the process by which an amendment is added to the Constitution. 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. 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 Archivist of the United States is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then certifies that the amendment is valid and has become part of the Constitution.
The OFR receives the original document of the proposed amendment from Congress and processes and publishes it. The OFR also examines ratification documents from the states for facial legal sufficiency and an authenticating signature. 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.
The ratification process was established to ensure that any changes to the nation's government were approved by the states. By requiring ratification by state conventions or legislatures, the framers of the Constitution avoided asking legislators to approve a document that would reduce their power.
