Steps To Ratify A Constitutional Amendment

The process of ratifying a constitutional amendment is a complex and lengthy one. As per Article V of the US Constitution, amendments can be proposed by Congress with a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of state legislatures (38 out of 50 states). This can be done through the state legislatures themselves or through special conventions. The Archivist of the United States is responsible for administering the ratification process, although many duties have been delegated to the Director of the Federal Register. While there is no time limit specified in Article V for ratification, Congress has attached deadlines to proposed amendments since the 20th Amendment.

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Two-thirds majority in Congress

The first step in ratifying a constitutional amendment is for two-thirds of both houses of Congress to pass a proposed amendment. This means that two-thirds of both the Senate and the House of Representatives must vote in favour of the amendment. This is known as the Congress-to-States pathway and has been the operative way of updating the US Constitution.

The President does not have a constitutional role in the amendment process, so once the amendment is passed by Congress, it is sent directly to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA then adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also sends an information package to the governors of each state, who then formally submit the amendment to their state legislatures.

The state legislatures then consider whether to approve the proposed amendment. If they make any changes to the wording, the process must start again. An amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. Once this has happened, the OFR drafts a formal proclamation for the Archivist of the US government 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 that the amendment process is complete.

It is important to note that while there is an alternative method for proposing amendments outlined in Article V of the Constitution, it has never been utilised. This method involves two-thirds of state legislatures calling for a constitutional convention to propose amendments. Any amendment proposed through this method would still need to be ratified by three-fourths of the states.

Approval by state legislatures

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 made in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. However, in practice, all amendments to the Constitution have been proposed by Congress, and no constitutional convention has ever been called.

Once an amendment is proposed, it is sent to the states for ratification. This is where the step of "approval by state legislatures" comes into play. State legislatures must consider and approve the proposed amendment without changing its wording. If any changes are made, the process must start again. To become part of the Constitution, the amendment must be ratified by three-fourths of the states, which currently equates to 38 out of 50 states.

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 is responsible for administering the ratification process. The Archivist, through the Director of the Federal Register, ensures the authenticity and legal sufficiency of the ratification documents.

It is important to note that Congress determines the method of ratification. While the typical process involves approval by state legislatures, Congress can specify that states call conventions for the sole purpose of ratifying an amendment. This alternative method has only been used once, for the 21st Amendment.

The process of amending the Constitution is deliberately difficult and time-consuming. The requirement for approval by three-fourths of state legislatures ensures broad support for any changes made to the nation's foundational document.

Ratification by three-fourths of states

The process of ratifying a constitutional amendment is outlined in Article V of the US Constitution. This article establishes two methods for proposing amendments: through Congress or via a constitutional convention.

The first method, which has been used for all amendments thus far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then sent to the states for ratification by a vote of the state legislatures.

The second method, which has never been utilized, involves two-thirds of state legislatures requesting that Congress call a constitutional convention to propose amendments. For an amendment proposed through this method to become part of the Constitution, it must be ratified by three-fourths of the states, either through a vote of the state legislatures or a state convention.

Regardless of the method by which an amendment is proposed, it becomes part of the Constitution when ratified by three-fourths of the states (currently 38 out of 50 states). This can be achieved through state legislatures or state conventions, depending on what Congress specifies. Once an amendment is ratified by the required number of states, the Archivist of the US government issues an official announcement, and the amendment becomes part of the Constitution.

The ratification process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). Many of the duties associated with this process have been delegated to the Director of the Federal Register. The Office of the Federal Register (OFR) plays a crucial role in the process, including examining ratification documents for authenticity and legal sufficiency.

It is worth noting that there is no mention of a time limit for ratification in Article V. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments.

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Official announcement by Archivist

The process of amending the Constitution is a complex and lengthy one, and the role of the Archivist of the United States is crucial in this process. Once an amendment has been proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, it is the responsibility of the Archivist, as the head of the National Archives and Records Administration (NARA), to administer the ratification process.

The Archivist of the United States, through the Director of the Federal Register, is in charge of sending the proposed amendment to state governors, along with information about the amendment provided by the Office of the Federal Register (OFR). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows procedures and customs established by the Secretary of State and the Administrator of General Services in the past.

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 until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.

Finally, when the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies 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 has been completed. This certification has, in recent times, become a ceremonial function attended by various dignitaries, including the President.

The Archivist's role in the constitutional amendment process is thus primarily administrative, ensuring the proper procedure is followed and that the amendment has met the requirements for ratification. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive, marking the completion of the amendment process and the integration of the amendment into the Constitution.

Time limits and deadlines

The process of ratifying a constitutional amendment is a complex and time-consuming one. While the constitution does not specify a time limit for this process, amendments proposed since the 20th century have had time limits attached to them. The first amendment with a deadline was the 18th Amendment (Prohibition), which had a seven-year time limit. The 20th Amendment also had a time limit, and all proposed amendments since have included deadlines, some of which are specified in the amendment itself.

The 27th Amendment, which was the last amendment to the Constitution to be ratified, took 202 years to be ratified by the necessary three-fourths of state legislatures, demonstrating the potential for significant delays in the process. This amendment, which prohibits members of Congress from giving themselves raises during their current session, highlights the challenges of achieving ratification across multiple states.

The process begins with a proposal by Congress, which must pass with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, where it must be approved by three-fourths of the states (currently 38 out of 50). This step can be achieved either through the state legislatures or special conventions, though all amendments thus far have been ratified by the former method.

The process of achieving ratification across the required number of states can be time-consuming and subject to delays. States must carefully consider the proposed amendment, and any changes to the wording require the process to start anew. Once an amendment is ratified by the required number of states, the Archivist of the United States, in conjunction with the Director of the Federal Register, certifies that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notification of the completion of the amendment process.

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