Isabella Carter
The process of amending a constitution varies across jurisdictions. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. Congress proposes an amendment 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. Since the turn of the 20th century, amendment proposals sent to the states for ratification have generally contained a seven-year ratification deadline. The Supreme Court affirmed that Congress could provide a deadline for ratification, and if an amendment is not ratified by the required number of states within the set time period, it is considered inoperative. While Congress has attempted to extend ratification deadlines, the Supreme Court ruled in 1981 that it does not have the authority to do so without restarting the Article V process.
| Characteristics | Values |
|---|---|
| Who decides the expiration period of a constitutional amendment? | Congress, the Supreme Court, and the President of the United States |
| What is the process of amending the Constitution? | Amendments are 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. The President does not have a role in this process. |
| What happens after an amendment is proposed? | The Archivist of the United States administers the ratification process. Once ratified by three-fourths of the States (38 out of 50), it becomes an official Article of the Constitution. |
| Can amendments be ratified after their deadline has expired? | The Supreme Court has ruled that Congress does not have the authority to extend the deadline or revive an amendment after the initial deadline has expired without restarting the entire process. |
| Are there any special procedures for amending the Constitution? | Yes, most constitutions require special procedures such as supermajorities in the legislature or direct approval by the electorate in a referendum. |
| Can a state rescind its ratification of an amendment? | Yes, states have the right to rescind their ratification of an amendment, as seen in the case of the Equal Rights Amendment. |
| Are there any limitations on amending the Constitution? | No amendment can take place when extraordinary measures are in effect. Additionally, amendments affecting a state's equal representation in the Senate require the approval of every state. |
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What You'll Learn
Congress decides on the mode of ratification
The United States Constitution grants Congress the authority to decide on the mode of ratification for constitutional amendments. This power stems from Article V of the Constitution, which outlines two methods for states to ratify amendments: through their legislatures or via conventions. The choice of ratification method lies solely with Congress, as affirmed by the Supreme Court in United States v. Sprague (1931).
The process of amending the Constitution begins with Congress proposing an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, Congress determines whether it will be sent to state legislatures or state ratifying conventions for ratification. This decision is critical as it sets the path for the amendment's approval.
The first method of ratification involves gaining approval from three-fourths of the state legislatures, while the second method requires the support of three-fourths of state ratifying conventions. The second method, the convention method, has been used only once—for the Twenty-first Amendment, which repealed Prohibition.
The authority of Congress to set a ratification deadline has been a subject of debate. While Congress often includes a seven-year ratification deadline in amendment proposals, the Constitution does not explicitly mandate such a deadline. In Dillon v. Gloss (1921), the Supreme Court affirmed Congress's ability to impose a deadline. However, in 1981, a district court ruled that Congress could not extend the deadline beyond the prescribed period.
The role of Congress in the constitutional amendment process is significant, and it has the power to influence the timeline and method of ratification. This power dynamic was highlighted in the debate surrounding the Equal Rights Amendment, where Congress's intent to limit the ratification period through deadlines was questioned. The complex interplay between Congress and the states during the amendment process underscores the delicate balance of power in shaping the nation's fundamental laws.
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The role of the Supreme Court
In the case of Dillon v. Gloss (1921), the Supreme Court affirmed that Congress has the authority to set a deadline for state ratification of constitutional amendments. The Court's decision was based on the interpretation that Congress's power to determine the mode of ratification implies an incidental authority to specify a deadline. This precedent was set in relation to the seven-year deadline set for the Eighteenth Amendment.
However, in 1981, the Supreme Court was presented with a case challenging the extension of the ratification deadline for the Equal Rights Amendment (ERA). By the time the Court was prepared to hear the case, the extended deadline had expired without the required number of states ratifying the amendment, rendering the case moot. Despite this, the Court's prior statements in this case suggested that Congress does have the power to set and extend ratification deadlines.
In United States v. Sprague (1931), the Supreme Court affirmed Congress's authority to decide the mode of ratification for each individual constitutional amendment. This case further solidified Congress's role in the amendment process.
While the Supreme Court has provided guidance on ratification deadlines and Congress's role, there is ongoing debate and legal interpretation. For example, in 2020, the Office of Legal Counsel (OLC) advised that Congress lacks the authority to extend ratification deadlines or revive expired amendments without restarting the entire Article V process. This opinion contradicts the implications of the Supreme Court's stance, adding complexity to the interpretation of Congress's powers.
In summary, the Supreme Court's role in interpreting the Constitution and guiding the amendment process is crucial. Its decisions, such as Dillon v. Gloss and United States v. Sprague, have shaped our understanding of Congress's authority in setting ratification deadlines and choosing the mode of ratification. However, the dynamic nature of legal interpretation and the ongoing debate about the viability of deadlines demonstrate the evolving nature of the Court's influence on this topic.
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The role of the President
The President of a republic plays a ceremonial role in the constitutional amendment process. While they do not have a constitutional role in the amendment process, they may be involved in the signing of the certification of amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. The President of the Republic promulgates an approved amendment and it becomes effective on the date provided for in it.
The President does not have a direct say in the amendment process, as the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's 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.
The President's role is, therefore, largely symbolic and ceremonial, rather than having any direct influence or decision-making power over the expiration period of a constitutional amendment. Their involvement adds a level of formality and significance to the process, but it is not a necessary step for an amendment to come into effect.
In summary, while the President may be involved in the ceremonial signing of certifications, their role is not constitutionally required, and they do not have any direct power to decide on the expiration period of a constitutional amendment. That power lies with Congress and the Supreme Court.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role of the Archivist involves supervising and directing the National Archives, as well as preserving government records and making them accessible to the public. The Archivist also has specific duties concerning the custody of important documents, such as state ratifications of amendments to the Constitution and Electoral College documents.
The Archivist of the United States plays a crucial role in the amendment process of the Constitution. Under Public Law No. 98-497, the Archivist is responsible for maintaining custody of state ratifications of constitutional amendments. When legislatures of at least three-quarters of the states approve a proposed amendment, the Archivist issues a certificate proclaiming it duly ratified and part of the Constitution. The amendment and its certificate are then published in the Federal Register and included in the United States Statutes at Large. This duty ensures the integrity and official recognition of constitutional amendments.
In addition to their role in constitutional amendments, the Archivist of the United States also has responsibilities related to the preservation and accessibility of government records. The National Archives, led by the Archivist, employs a diverse range of professionals, including archivists, archives technicians, conservators, and records managers. Together, they work to preserve and maintain records in various formats, such as paper documents, photographs, maps, films, and computer records. The National Archives also relies on volunteers who assist in various capacities, including helping archivists and providing tours to visitors.
The Archivist of the United States is appointed by the President and confirmed by the Senate. The current Archivist, Dr. Colleen Shogan, assumed office in May 2023, becoming the first woman to permanently hold this position. Shogan brings a wealth of experience from her previous roles at the White House Historical Association, the Library of Congress, and in academia.
Overall, the role of the Archivist of the United States is essential to the preservation and accessibility of the nation's historical records, including the crucial task of overseeing the ratification process of constitutional amendments. By maintaining the integrity of the nation's records, the Archivist plays a vital role in strengthening American democracy and promoting civic literacy.
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The role of the Assembly
The process of amending a constitution varies across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and are passed into law through acts of parliament. In contrast, the United States Constitution, under Article Five, outlines a different process for proposing and ratifying amendments.
Once a proposed amendment clears this hurdle, the Assembly has the option to decide, again by a two-thirds majority, that the amendment be put to a referendum for a direct vote by the people. This step is not mandatory but serves as an additional check, allowing the citizens to have their say on significant constitutional changes.
The Assembly also plays a role in requesting a referendum on an approved constitutional amendment. If one-fifth of the members of the Assembly make such a request, the amendment must be submitted to a referendum. This mechanism ensures that even if the Assembly achieves the required supermajority, the people still have an opportunity to weigh in on the proposed changes through a direct vote.
After a proposed amendment has been approved by the Assembly and, if applicable, by a referendum, it is promulgated by the President of the Republic. The amendment becomes effective on the date specified in the promulgation, marking a successful conclusion to the amendment process.
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Frequently asked questions
The US Congress decides on the expiration period, or ratification deadline, of a constitutional amendment. The Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
If an amendment is not ratified within the prescribed period, it is considered inoperative and rendered moot.
In 2020, the OLC advised that Congress does not have the authority to revive an amendment after the deadline has expired, without restarting the Article V process.
