The Amendment's Journey: Ratification And Its Impact

The process of amending the United States Constitution is outlined in Article Five, which details a two-step process of proposal and ratification. Amendments can be proposed by Congress or a national convention called by Congress. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions. The Archivist of the United States administers the ratification process, and upon completion, a certificate is issued proclaiming the amendment as an operative part of the Constitution. Since 1789, 33 amendments have been proposed by Congress and sent to the states for ratification, with 27 successfully becoming part of the Constitution.

The two-step process for amending the US Constitution

The process of amending the US Constitution is outlined in Article Five of the US Constitution. This two-step process involves the proposal and ratification of amendments.

Amendments can be proposed in two ways. The first method requires a two-thirds majority vote in both the Senate and the House of Representatives. The second method, which has never been used, involves a national convention called by Congress on the application of two-thirds of state legislatures (34 since 1959).

Once an amendment is proposed, it is sent to the states for ratification. Congress determines the method of ratification. The first method requires ratification by three-fourths of state legislatures (38 of 50 states). The second method involves state ratifying conventions in three-fourths of the states. Only the Twenty-first Amendment, which repealed the Eighteenth Amendment, was ratified through this method.

The Archivist of the United States is responsible for administering the ratification process. Once an amendment is ratified, the Archivist issues a certificate, and 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 U.S. Statutes at Large, serving as official notice to Congress and the nation.

Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Thirty-three amendments have been proposed by Congress and sent to the states for ratification, with 27 of these amendments being ratified and becoming part of the Constitution.

The role of Congress in proposing and ratifying amendments

The United States Constitution outlines a two-step process for amending the nation's plan of government, as detailed in Article Five. Amendments must be properly proposed and ratified before becoming operative. This process involves Congress in proposing amendments and setting ratification deadlines, and the Archivist of the United States in administering the ratification process.

Congress may propose amendments to the Constitution when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Congress proposes amendments in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States, which includes formal copies of the joint resolution and the statutory procedure for ratification.

Congress also has the authority to set a deadline for ratification. In most cases, Congress has included language in its proposals stating that the amendment should be inoperative unless ratified within seven years. This authority was affirmed by the Supreme Court of the United States in 1939 in Coleman v. Miller.

Once an amendment is proposed by Congress, the Archivist of the United States is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, who then formally submits the amendment to their State legislatures or calls for a convention, depending on what Congress has specified.

To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). 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, serving as official notice to Congress and the nation that the amendment process has been completed.

The role of state legislatures in the ratification process

The process of amending the US Constitution is outlined in Article Five of the document. It involves two steps: proposing an amendment and ratifying it. Amendments can be proposed by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress upon the request of two-thirds of state legislatures.

Once an amendment is proposed, it is sent to the states for ratification. State legislatures play a crucial role in this process. They can choose to wait for official notice before taking action or act beforehand. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). This can be achieved through the state legislatures or state ratifying conventions.

Once an amendment is ratified by the required number of states, the Archivist issues a certificate, proclaiming that the amendment has become an operative 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.

Since 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these have been successfully ratified and are now part of the Constitution, including the Bill of Rights, which comprises the first ten amendments. The state legislatures' role in the ratification process is essential to amending the US Constitution, ensuring that any changes reflect the will of a significant majority of states.

The Archivist's role in certifying amendments

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for 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 Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified.

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 found to be in good order, the Director acknowledges receipt and maintains custody of them.

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 the Congress and to the Nation that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

The history of the Bill of Rights and its ratification

The United States Constitution, drafted in 1787, was a remarkable document but lacked a bill of rights, which turned out to be an obstacle to its ratification by the states. The Federalists opposed including a bill of rights, arguing it was unnecessary, while the Anti-Federalists, afraid of a strong centralized government, refused to support the Constitution without one. The omission of a Bill of Rights in the original Constitution has been characterised as "a political blunder of the first magnitude".

James Madison, initially an opponent of a Bill of Rights, studied the deficiencies of the Constitution and crafted a series of proposals. On June 8, 1789, he introduced a list of amendments to the Constitution, and on September 25, 1789, the First Congress of the United States proposed 12 amendments. The House passed a joint resolution containing 17 amendments based on Madison's proposal, which the Senate changed to 12 amendments.

On October 2, 1789, President Washington sent copies of the 12 amendments to the states for ratification. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, now known as the "Bill of Rights". Articles Three through Twelve were ratified as additions to the Constitution and became Amendments One through Ten. Article Two became part of the Constitution on May 5, 1992, as the 27th Amendment, while Article One is still pending before the states.

The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. They also include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.

The Bill of Rights had little judicial impact for the first 150 years of its existence. This has been attributed to several factors, including the time it took for a "culture of tolerance" to develop that would support the Bill's provisions, and the fact that the Bill initially only applied to the federal government. In the 20th century, most of the Bill's provisions were applied to the states via the Fourteenth Amendment.

Frequently asked questions