Amending The Constitution: Who Can Propose Changes?

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The authority to propose amendments rests with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, Congress may call a constitutional convention to propose amendments at the request of two-thirds of the state legislatures. The proposed amendment must then be ratified by three-fourths of the states to become part of the Constitution. The process is administered by the Archivist of the United States, who delegates many duties to the Director of the Federal Register.

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Congress proposes an amendment with a two-thirds majority vote in 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 and does not require the signature or approval of the President. Once this resolution is passed, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

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 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 until an amendment is adopted or fails.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process has been completed.

While Congress has the authority to propose amendments with a two-thirds majority vote in both houses, it is important to note that the President does not have a constitutional role in this process. The power to propose and ratify amendments rests with Congress and the state legislatures or conventions.

A constitutional convention is called for by two-thirds of state legislatures

The United States Constitution outlines the process for amending its provisions in Article V. One method of proposing amendments is for two-thirds of state legislatures to call for a constitutional convention. This process has never been used to propose any of the 27 amendments to the Constitution.

The process of calling for a constitutional convention begins with the state legislatures. When two-thirds of the state legislatures believe an amendment is necessary, they can apply to Congress to call for a convention. This application initiates the process of proposing an amendment, but it does not guarantee that the amendment will be adopted.

The role of Congress in this process is to receive the applications from the states and call for the convention. There is debate among scholars about the extent of Congress's control over the convention. Some questions that have been raised include whether Congress must call a convention upon receiving the required number of state applications, whether there should be limits on the convention, and how much Congress can control the convention's procedures.

Once the convention is called, it serves as a forum for proposing amendments. For an amendment proposed in a convention to become part of the Constitution, it must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states. The method of ratification is left to the discretion of Congress.

The process of ratification involves the states sending authenticated documents to the Office of the Federal Register (OFR), which examines the documents for legal sufficiency and authenticity. Once the OFR receives the required number of ratified documents, it drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.

The Archivist of the United States administers the ratification process

The Archivist of the United States is responsible for administering the ratification process of amendments to the Constitution. The Archivist is appointed by the President with the advice and consent of the Senate and is responsible for safeguarding and making available for study all the permanently valuable records of the federal government. The Archivist heads the National Archives and Records Administration (NARA) and is charged with the responsibility of administering the ratification process under the provisions of 1 U.S.C. 106b.

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 as an independent agency in 1985. The Archivist does not make any substantive determinations as to the validity of State ratification actions.

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.

When 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. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed. 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.

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The Director of the Federal Register performs ministerial duties

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process.

The Archivist of the United States has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director of the Federal Register is responsible for the publication of the official text of federal laws, presidential documents, and regulations. This includes the publication of the Federal Register, which is the daily journal of the Federal government.

The Director of the Federal Register also plays a role in the amendment process. When a state ratifies a proposed 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 Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

The OFR retains these documents until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation. The OFR also works in partnership with the Government Publishing Office (GPO) to prepare the Federal Register for publication. Additionally, agencies seeking the Director of the Federal Register's approval for incorporation by reference requests must provide additional information in their rulemaking documents.

Overall, while the Archivist of the United States is responsible for administering the ratification process, the Director of the Federal Register performs important ministerial duties that support this process and ensure its smooth execution.

The President does not have a constitutional role in the amendment process

Congress proposes amendments in the form of a joint resolution, which does not require the President's signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration (NARA) for processing and publication. This process ensures that any changes to the Constitution are made through a democratic process involving Congress and/or state legislatures, without the need for executive approval.

The President's exclusion from the amendment process is further supported by court rulings. In the case of Hawke v. Smith (1920), the court affirmed that "the submission of a constitutional amendment did not require the action of the President". Similarly, in INS v. Chadha (1983), the court held that "Presidential approval was unnecessary for a proposed constitutional amendment". These rulings reinforce the interpretation that the President does not have a constitutional role in amending the Constitution.

While the President may be present during the ceremonial signing of a certified amendment, their role is purely ceremonial and does not impact the amendment's validity. The certification of an amendment's ratification is performed by the Archivist of the United States, who heads NARA, and is considered final and conclusive. This process ensures that any amendments to the Constitution are carried out independently of the President's influence, reinforcing the separation of powers and maintaining the integrity of the constitutional amendment process.

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