Who Ratifies Formal Amendments To The Constitution?

The process of amending the US Constitution is outlined in Article V of the Constitution. The two bodies that may ratify formal amendments to the Constitution are the state legislatures and state ratifying conventions. Congress proposes an amendment, which is then submitted to the states for ratification. The states can either ratify the amendment through their legislatures or by holding a convention. The choice of ratification method is determined by Congress. For an amendment to become part of the Constitution, three-fourths of the states must ratify it, either through their legislatures or conventions. The process ensures that any changes to the Constitution reflect the will of a significant majority of the country.

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The role of Congress in proposing amendments

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. This joint resolution does not require the signature or approval of the President. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.

The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.

The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. However, the Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. 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.

The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. 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). 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 and has become part of the Constitution.

In summary, Congress plays a crucial role in proposing amendments to the Constitution. It does so through a joint resolution, which is then forwarded to the NARA and the OFR for processing and publication. The OFR also prepares information packages for the States. Congress specifies whether the amendment should be submitted to State legislatures or a convention. Finally, a proposed amendment becomes part of the Constitution when ratified by three-fourths of the States, and the OFR and Archivist certify the amendment as valid.

The role of the President in the amendment process

The President does not have a constitutional role in the amendment process. The joint resolution does not go to the White House for signature or approval. However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment.

Despite the President's lack of a formal constitutional role, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For instance, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them.

The process of amending the Constitution is outlined in 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. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The original document is forwarded directly to NARA's 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.

The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification. The Archivist then 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. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. 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.

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 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, after which the records are transferred to the National Archives for preservation.

The ratification process

The first step in the ratification process is for Congress to propose an amendment. This requires a two-thirds majority vote in both houses of Congress, demonstrating a strong consensus for the proposed change. Once an amendment is proposed by Congress, it is then submitted to the states for their consideration and ratification.

The states have two methods for ratifying amendments, as outlined in Article V. The first method is for the state legislatures to ratify the amendment. This requires the approval of three-fourths of the state legislatures, or 38 out of 50 states. The second method is for the states to call for a convention, where three-fourths of the conventions must approve the amendment. Congress determines which method the states must follow for a particular amendment.

During the ratification process, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays an administrative role. The Archivist delegates many duties to the Director of the Federal Register, who processes and publishes the proposed amendment, adding legislative history notes. The Director also examines ratification documents for legal sufficiency and authenticity, maintaining custody of them until an amendment is adopted or fails.

Once an amendment is ratified by the required number of states, the Director of the Federal Register 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 notice that the amendment process is complete, and the amendment becomes part of the Constitution.

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The Archivist's role

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist plays a crucial role in the constitutional amendment process.

Firstly, the Archivist receives the original or certified copy of the State action from the Governors, who have submitted the amendment to their State legislatures or called for a convention. These documents are then immediately conveyed to the Director of the Federal Register, who examines them for facial legal sufficiency and the presence of an authenticating signature.

The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. 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.

This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this certification has become a ceremonial function attended by various dignitaries, including the President. The certification is then 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, the Archivist of the United States facilitates the constitutional amendment process by receiving state actions, delegating duties to the Director of the Federal Register, certifying the validity of amendments, and providing official notice to Congress and the Nation. The role of the Archivist is essential to ensuring the smooth and proper functioning of the constitutional amendment process.

State ratification actions

The process of amending the Constitution of the United States 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. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

The original document is forwarded directly to NARA's 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. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification. The Archivist then 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.

The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. 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 Archivist does not make any substantive determinations as to the validity of State ratification actions. However, it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.

In addition to the process outlined above, states offer multiple paths for amending their constitutions, which are generally easier to change than the federal Constitution. States vary in how often they amend their constitutions. For example, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years, on average.

Furthermore, four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. In contrast, Illinois allows amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election. Seventeen states also provide another path for enacting amendments through citizen-initiative processes. Once citizen-initiated amendments qualify for the ballot, they are generally ratified by a simple majority of voters in most states and a supermajority in several states.

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