Malcolm Rivera
The United States Constitution was designed to be a durable document that would stand the test of time. As a result, the process of amending it is challenging and time-consuming. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. The process is carefully managed by the Archivist of the United States and the Director of the Federal Register, ensuring the integrity of the amendment process.
| Characteristics | Values |
|---|---|
| Authority | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment submission | State legislatures or a convention, as specified by Congress |
| Ratification | Three-fourths of the States (38 of 50) |
| Administration | Archivist of the United States, who delegates duties to the Director of the Federal Register |
| Documentation | Original or certified copy of State action sent to the Archivist, who forwards it to the Director of the Federal Register for processing and publication |
| Official notice | Formal proclamation by the Archivist, published in the Federal Register and U.S. Statutes at Large |
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What You'll Learn
The authority to amend the US Constitution
The United States Constitution was designed to "endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. Amending the Constitution is, therefore, a challenging and time-consuming process. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used to propose amendments thus far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. Congress then proposes an amendment in the form of a joint resolution, which 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 amendment process. It receives the original or certified copies of state actions on proposed amendments and examines the ratification documents for legal sufficiency and authentic signatures. Once the OFR verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register, marking the completion of the amendment process.
A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50). The states have the authority to decide whether to ratify amendments through their legislatures or by convention, as specified by Congress. The process of amending the US Constitution is deliberately challenging, ensuring that any changes made are significant and impact all Americans or secure the rights of citizens.
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The role of Congress in proposing amendments
The United States Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the signature or approval of the President.
Congress has used Article V's procedures to propose thirty-three constitutional amendments. Six of these were not ratified by the states. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This is the only method for proposing amendments that has been used thus far.
The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the state legislatures. Congress determines which method the states must follow for proposed amendments to become effective.
Once an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration, and the amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
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The ratification process for amendments
Once an amendment is proposed, it must be ratified. Congress determines the method of ratification. There are two possible methods: ratification by the legislatures of three-fourths of the states or ratification by conventions in three-fourths of the states. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this process to the Director of the Federal Register.
The Director of the Federal Register examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody. Once three-fourths of the states (38 out of 50) have ratified the amendment, the Director 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 serves as official notice that the amendment process is complete.
In summary, the ratification process for amendments involves proposing an amendment through one of the two methods outlined in Article V, achieving ratification by three-fourths of the states, and obtaining certification from the Archivist of the United States. The process is deliberately challenging, reflecting the framers' intention for the Constitution to endure for ages.
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The difficulty of amending the Constitution
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging task to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. Amending the Constitution is not just a matter of having a good idea to improve America; it must be a proposal of major impact affecting all Americans or securing the rights of citizens.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
The amendment process is challenging and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states. The ERA Amendment, for example, did not pass the necessary majority of state legislatures in the 1980s. Once an amendment is ratified, the OFR 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, serving as official notice that the amendment process is complete.
While the President does not have a constitutional role in the amendment process, they may endorse certain amendments, such as President Clinton's support for a crime victims' rights amendment. Other popular amendment proposals include allowing voluntary school prayer and making English the country's official language. However, not all proposed amendments gain enough support to succeed, such as the supporters of congressional term limits and a balanced budget amendment who were unable to get the new amendments they desired.
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The President's role in the amendment process
The President of the United States does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. 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.
However, there have been instances of Presidents playing an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery, even though his signature was not necessary for the proposal or ratification of the amendment. Similarly, President Jimmy Carter signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary. In recent history, the signing of the certification of a new amendment 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 witnessed the certification of the 26th Amendment.
Despite these examples, the Supreme Court has maintained that the President has no formal constitutional role in the amendment process. In the 1798 case of Hollingsworth v. Virginia, the Court held that the Eleventh Amendment had been constitutionally adopted without the action of the President. Later, in the 1920 case Hawke v. Smith, the Supreme Court reiterated this view, characterizing the Court's decision in Hollingsworth as having settled that submission of a constitutional amendment did not require the action of the President.
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Frequently asked questions
The US Constitution outlines two methods for proposing amendments. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. The second method requires a constitutional convention called for by two-thirds of the State legislatures.
The process for amending the Constitution involves several steps. First, a proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate (or by a constitutional convention). Then, the proposed amendment is submitted to the states for ratification. 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 President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval.
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.
