Malcolm Rivera
The United States Constitution is considered the supreme law of the land, and as such, the government and its citizens must follow it. Amending this document is a difficult task, as it is a lengthy and time-consuming process. The Constitution has been amended only 27 times since 1787, and this is because amendments are usually only needed to change or clarify something that the Constitution explicitly states. The authority to amend the Constitution of the United States is derived from Article V of the Constitution, which outlines two methods for states to ratify amendments.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Number of amendments | 27 |
| Difficulty of amending | High |
| Ratification | Requires three-fourths of the state legislatures to ratify an amendment, or three-fourths of state ratifying conventions to approve a proposed amendment |
| Unamendable subjects | No Amendment can deprive a state, without its consent, of equal suffrage in the Senate |
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What You'll Learn
- Article V of the Constitution outlines the amendment process
- Amendments are proposed by Congress or a constitutional convention
- Amendments must be passed by two-thirds of both houses of Congress
- Amendments are ratified by three-fourths of state legislatures
- The Archivist certifies that the amendment is valid and part of the Constitution
Article V of the Constitution outlines the amendment process
Article V of the US Constitution outlines the process for amending the document. Amending the Constitution is a challenging and time-consuming process, as the framers intended. Since the Constitution was drafted in 1787, it has been amended 27 times, with 33 amendments proposed by Congress.
Article V establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method used so far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. Congress determines which ratification method the states must follow.
Once an amendment is proposed, it must be ratified by three-fourths of the 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 Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for authenticity and legal sufficiency.
When the required number of ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register, officially declaring that the amendment has become part of the Constitution.
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Amendments are proposed by Congress or a constitutional convention
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The authority to make amendments is derived from Article V of the Constitution, which outlines two methods for proposing them. One of these methods is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then 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.
The other method for proposing amendments is through a constitutional convention, which has never been used. This process would be initiated by two-thirds of the state legislatures applying to Congress to call for a convention. The concern with this method is that it could become a "runaway convention", where the convention attempts to exceed its scope. However, for any amendments to become part of the Constitution, they must be ratified by three-fourths of the states, which is more than the number of states required to call for a convention.
Once an amendment is proposed, either by Congress or a constitutional convention, the Archivist of the United States, who heads the 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. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then 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 of them.
The process of amending the United States Constitution, whether through Congress or a constitutional convention, is a complex and meticulous procedure. It involves multiple steps and the collaboration of various entities to ensure the integrity and validity of the amendments.
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Amendments must be passed by two-thirds of both houses of Congress
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, and changes to the document are deliberately challenging. The framers of the Constitution wrote it "to endure for ages to come", and so any amendment must be a significant change that affects all Americans or secures the rights of citizens.
The Archivist of the United States has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once an amendment has been ratified by three-quarters of the States (38 out of 50), it becomes part of the Constitution.
The process of amending the Constitution is a complex and rigorous procedure, designed to ensure that changes to the foundational document of the United States are carefully considered and widely agreed upon. The requirement for a two-thirds majority in both houses of Congress is a crucial step in this process, ensuring that any amendment has substantial support and has been thoroughly debated.
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Amendments are ratified by three-fourths of state legislatures
The process of amending the United States Constitution is a complex and lengthy one, and it has only been amended 27 times since it was drafted in 1787. The authority to amend the Constitution comes from Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. However, this second option has never been utilised.
Once an amendment is proposed, it is sent to the states for ratification. For an amendment to be ratified and become part of the Constitution, it must be ratified by three-fourths of the state legislatures, which is 38 out of 50 states. This process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works with the Director of the Federal Register to follow established procedures and customs for the ratification process.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Director of the Federal Register examines these documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody. The documents are retained until the amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
The process of amending the United States Constitution is deliberately challenging, as Chief Justice John Marshall noted in the early 1800s that the Constitution was written "to endure for ages to come." As a result, the framers made the amendment process difficult, ensuring that only significant ideas affecting all Americans or securing citizens' rights are considered for amendments.
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The Archivist certifies that the amendment is valid and part of the Constitution
The Archivist of the United States plays a crucial role in the process of amending the United States Constitution. The Archivist is responsible for certifying that a proposed amendment has been duly ratified and has become an official part of the Constitution. This certification is a formal proclamation that confirms the validity and completion of the amendment process.
Once a proposed amendment has been passed by two-thirds of both houses of Congress, it is then sent to the states for ratification. When a state ratifies the proposed amendment, it sends an original or certified copy of its action to the Archivist. The Archivist's role is to ensure that the amendment has been ratified by the required number of states, which is three-fourths of the states (38 out of 50).
Upon receiving the necessary number of state ratifications, the Archivist issues a certificate, also known as a formal proclamation, proclaiming that the particular amendment has been duly ratified. This certificate is then published in the Federal Register and the United States Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been successfully completed.
The Archivist's certification is a ceremonial function that has legal significance. While the Archivist does not make substantive determinations about the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive. This means that the Archivist's role is primarily administrative, ensuring that the proper procedures are followed and that the amendment meets the necessary legal requirements.
In summary, the Archivist of the United States plays a vital role in the amendment process by ensuring that proposed amendments have been properly ratified and certified. This certification is a formal and conclusive step that finalises the amendment process, making the amendment an official part of the United States Constitution.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then ratified by the legislatures of three-fourths of the states.
The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The Constitution is amended to change or clarify something that the Constitution specifically states. Amendments are needed when an idea has a major impact on all Americans or secures the rights of citizens.
Amending the Constitution is a difficult and time-consuming process. The framers made it challenging to ensure the document's longevity. The amendment must be passed by two-thirds of both houses of Congress, and then ratified by three-fourths of the states.
