Malcolm Rivera
The process of drafting a constitutional amendment in the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments: firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate; secondly, a constitutional convention can be called upon the request of two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. The Archivist of the United States is responsible for administering the ratification process, and the amendment becomes part of the Constitution once the required number of states have ratified it.
| 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 proposer | Constitutional convention called for by two-thirds of state legislatures |
| Who administers the ratification process | Archivist of the United States |
| Who drafts the formal proclamation | OFR |
| Who certifies the amendment | Archivist |
| Who signs the certification | President, Archivist, Director of the Federal Register |
| Number of states required for ratification | 38 of 50 |
| Who decides the mode of ratification | Congress |
Explore related products
$9.99 $9.99
What You'll Learn
- Congress proposes an amendment with a two-thirds majority in both the House of Representatives and the Senate
- A constitutional convention is called for by two-thirds of the State legislatures
- The Archivist of the United States administers the ratification process
- The Director of the Federal Register performs some duties related to the process
- The President may be involved in a ceremonial capacity
Congress proposes an amendment with a two-thirds majority in both the House of Representatives and the Senate
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. According to this article, Congress can propose an amendment whenever two-thirds of both the House of Representatives and the Senate deem it necessary. This is known as a joint resolution, which does not require the signature or approval of the President.
Once this two-thirds majority is achieved in both chambers, the original document is forwarded 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 process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
After Congress proposes an amendment, the Archivist of the United States, who heads 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 procedures and customs followed during this stage are established by the Secretary of State and the Administrator of General Services, who previously performed these duties until NARA assumed responsibility in 1985.
The proposed amendment becomes an official part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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 Fourteenth: Extending Federal Rights to States
You may want to see also
A constitutional convention is called for by two-thirds of the State legislatures
The United States Constitution provides two methods for proposing amendments. One of these methods involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used to propose any of the 27 amendments to the Constitution.
Article V of the Constitution outlines the procedures for amending the Constitution. It states that Congress, whenever two-thirds of both Houses deem it necessary, shall propose amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the States, Congress shall call a convention for proposing amendments. This convention method is what is referred to when we say "two-thirds of the State legislatures".
The authority to amend the Constitution is derived from Article V, and the Archivist of the United States is responsible for administering the ratification process. The Archivist's role includes drafting a formal proclamation for the certification of a valid amendment, which is then published in the Federal Register and U.S. Statutes at Large. This serves as official notice that the amendment process is complete.
It's important to note that any 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 ratification process can be conducted by the state legislatures or ratifying conventions in three-fourths of the states. This process was used for the 1933 ratification of the 21st Amendment, the only time it has been utilized.
While Article V establishes the procedures for amending the Constitution, it does not specify a deadline for the ratification of proposed amendments. However, most amendments proposed since 1917 have included a deadline. Additionally, Article V does not address whether Congress can limit the time frame for state ratification or extend a deadline once an amendment with a deadline has been sent to the states.
The US Constitution's Latest Ratification Amendments
You may want to see also
The Archivist of the United States administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist is appointed by the President with the advice and consent of the Senate and is responsible for safeguarding valuable records of the federal government. The Archivist's role in the ratification process is to ensure that changes to the Constitution are carried out in accordance with the law. This includes receiving the original version of all statutes of the United States and maintaining custody of state ratifications of amendments.
Once an amendment is proposed by Congress, the Archivist submits it to the States for their consideration. 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 Director examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails.
The Office of the Federal Register (OFR) plays a crucial role in the process by providing information packages to the States and assisting the Archivist in drafting a formal proclamation for certification. The OFR verifies the receipt of the required number of authenticated ratification documents before drafting the proclamation. The Archivist then 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 is complete.
The signing of the certification has become a ceremonial function attended by dignitaries, including the President in some cases. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive. However, it is important to note that the Archivist does not make substantive determinations regarding the validity of State ratification actions.
Founding Fathers: Amending the Constitution
You may want to see also
Explore related products
The Director of the Federal Register performs some duties related to the process
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 Director of the Federal Register follows procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility in 1985.
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, after which the records are transferred to the National Archives for preservation.
In the case of the 27th Amendment, the Archivist performed the duties of the certifying official, and the Director of the Federal Register signed the certification as a witness.
Amending the Constitution: Methods and Procedures
You may want to see also
The President may be involved in a ceremonial capacity
While the President does not have a constitutional role in the amendment process, they may be involved in a ceremonial capacity. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment along with three young scholars.
The process of amending the Constitution is outlined in Article V, which grants Congress the authority to propose amendments. 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 by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format.
After an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways: through the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This process, determined by Congress, is outlined in Article V. The OFR verifies that it has received the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The ceremonial signing of the certification by the President and other dignitaries is the final step in the amendment process. While the President's signature is not constitutionally required, it adds a layer of formality and significance to the occasion. This ceremonial act symbolises the completion of the amendment process and the integration of the new amendment into the Constitution.
Amending the Constitution: Who Has the Power?
You may want to see also
Frequently asked questions
The Congress can propose amendments to the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the State legislatures can request that Congress call a convention for proposing amendments.
The proposed amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. The Archivist of the United States is responsible for administering the ratification process. Once ratified, the amendment becomes part of the Constitution.
Legal scholars generally agree that the amending process outlined in Article V can itself be amended by the procedures laid out in the same article. However, Article V has never been amended, and there is some disagreement over whether it is the exclusive means of amending the Constitution.
