The Constitution: Amendments And Ratification

The United States Constitution is designed to be a living document, with Article V outlining the procedures for amending it. Amendments to the Constitution can 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, it is sent to the states for ratification. An amendment becomes part of the Constitution when it is ratified by the necessary number of states, which is three-fourths of the states (38 out of 50). The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming a particular amendment duly ratified and part of the Constitution.

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Amendments proposed by Congress

The United States Constitution grants Congress the authority to propose amendments. A two-thirds majority vote in both the House of Representatives and the Senate is required for this. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose amendments. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Instead, Congress proposes amendments in the form of a joint resolution, which does not require the President's signature or approval.

Once an amendment is proposed by Congress, it is forwarded 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 notifies the states' governors, who then submit the amendment to their state legislatures or ratifying conventions.

An amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50 states). The states send certified copies of their ratification actions to the Archivist, who certifies the amendment as valid. This certification is published in the Federal Register, officially notifying Congress and the nation that the amendment process is complete.

Congress has proposed various amendments throughout history, including:

• The Dueling Ban Amendment, proposed in 1838 after a Representative killed another in a duel, aimed to prohibit duel participants from holding federal office.
• Amendments requiring an equal number of slave and free states, with two co-Presidents from the North and South, proposed by John C. Calhoun before the Compromise of 1850.
• An amendment abolishing the Senate, proposed by Representative Victor Berger in 1911 due to corruption and its perceived uselessness.
• An anti-miscegenation amendment, proposed by Representative Seaborn Roddenbery in 1912, aimed to forbid interracial marriages nationwide.
• The Ludlow Amendment, proposed by Representative Louis Ludlow in 1937, sought to limit America's ability to declare war by requiring a national referendum.

Amendments proposed by constitutional convention

The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments to the Constitution can be proposed by either Congress or a constitutional convention.

A constitutional convention, also referred to as an Article V Convention, is a method authorized by Article V of the US Constitution, whereby amendments to the Constitution may be proposed. On the application of two-thirds of the State legislatures (34 out of 50), Congress shall call for a convention to propose amendments. These amendments become law only after ratification by three-fourths of the states (38 out of 50).

While the convention method for proposing amendments is legally valid, it has never been used. All 27 amendments to the Constitution have been proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.

The process of proposing amendments by constitutional convention has been a topic of debate among scholars. Some have speculated that states may pressure Congress to propose an amendment on a specific issue by applying for an Article V convention. However, there are concerns about the potential for an Article V convention to become a "runaway convention," exceeding its intended scope.

The first proposal for a method of amending the Constitution, offered during the 1787 Constitutional Convention, was the Virginia Plan. It sought to bypass the national legislature, stating that "the assent of the National Legislature ought not to be required." Madison, who initially proposed the amendments, intended for them to be interwoven into the original document.

In summary, while amendments to the US Constitution can be proposed by constitutional convention, this method has never been utilized. The process has sparked scholarly discussions and concerns, and the amendments proposed by Congress have followed a different approach than Madison's original intent.

State legislature ratification

The process of amending the US Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by either Congress or a constitutional convention. If the proposal comes from Congress, it must be approved by a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures.

Once an amendment is proposed, it is submitted to the states for ratification. This is where the state legislature ratification process comes into play. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist notifies each state governor that an amendment has been proposed, and the governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.

The state legislature ratification process is relatively straightforward. The state legislature proposes a resolution, memorial, or proclamation of ratification and votes on it in each chamber. If the resolution passes, the state has ratified the amendment. As of 2016, none of the 27 amendments to the Constitution had been proposed by a constitutional convention; instead, all amendments had been proposed by Congress and sent to the states for ratification.

It's worth noting that, in the past, some state legislatures have taken action on a proposed amendment before receiving official notification. When a state ratifies an amendment, it sends an original or certified copy of its action to the Archivist of the United States. The Archivist's role is primarily administrative, and they do not make substantive determinations on the validity of state ratification actions. The ratification process is complete when three-quarters of the states (38 out of 50) have ratified the amendment. At this point, the Archivist certifies that the amendment is valid and has become part of the Constitution.

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Ratification by convention

The process of amending the US Constitution is outlined in Article V of the Constitution. The Congress, whenever two-thirds of both Houses deem it necessary, can propose Amendments. Alternatively, on the application of the legislatures of two-thirds of the States, Congress shall call a Convention for proposing Amendments. In either case, the amendment must be ratified by the legislatures of three-fourths of the States, or by Conventions in three-fourths of the States, as specified by Congress.

The convention method of ratification is more complicated than the state legislature method because it is separate and distinct from the state legislature. In Delaware, for example, the governor announces an election of delegates, with the latest date being the next general election held at least three months after the amendment is proposed. The convention has 17 members, with seven from New Castle County, five from Kent County, and five from Sussex County. Candidates are nominated by petition, and nine slates are selected based on the petitions with the most signatures.

The convention method of ratification has only been used once, for the ratification of the 21st Amendment in 1933. This amendment is also the only one to repeal another, in this case, the 18th Amendment, which had been ratified 14 years earlier.

The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Once an amendment is ratified by three-fourths of the States, it becomes part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist officially notifies the states by sending a registered letter to each state's governor, who then formally submits the amendment to their state legislature or ratifying convention.

The Archivist's role

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process of amendments to the US Constitution. The Archivist's role is primarily administrative and procedural, ensuring the smooth and proper execution of the amendment process.

One of the key duties of the Archivist is to notify the states when an amendment has been proposed. This is done by sending a registered letter to each state's governor, formally informing them of the proposed change. The Archivist also receives certified copies of state actions related to the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of its decision.

Upon receiving the necessary number of state ratifications, the Archivist issues a certificate proclaiming that the amendment has been duly ratified and has become part of the Constitution. This certification is a crucial step in the process, as it officially confirms the amendment's validity and completion. The Archivist's signature on this certification has become a ceremonial function, often attended by various dignitaries.

The Archivist has delegated many of the day-to-day duties associated with the ratification process to the Director of the Federal Register. The Director examines ratification documents for legal sufficiency and authenticity of signatures. The Director also maintains custody of these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation.

It is important to note that the Archivist does not make substantive determinations regarding the validity of state ratification actions. Instead, they follow established procedures and customs set by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist's role is to ensure the proper execution of the ratification process, facilitating the amendment process and preserving its integrity.

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