Amendments To Laws: The Process Explained

The process of how amendments become laws is a complex one. In the United States, amendments can be made to existing constitutions and statutes and are also made to bills as they pass through a legislature. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may be proposed by 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 submitted to the states for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states. This process is designed to prevent arbitrary changes, and amendments traditionally specify a time frame in which ratification must be completed, usually several years.

In the case of a bill, the idea can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions and then vote on the same version of the bill. If it passes, it is presented to the president. The president can then choose to approve the bill and sign it into law, or veto it.

The process of proposing an amendment

Initiation

The idea for an amendment can come from various sources. It can be proposed by a sitting member of the U.S. Senate or House of Representatives, or it can be suggested during their election campaign. Citizens also have the right to petition for amendments by forming citizen groups and recommending changes to their elected representatives.

Once an idea for an amendment is formalised, it is introduced in the form of a bill. The bill is then assigned to a committee, which will be responsible for researching, discussing, and making changes to the proposed amendment. This committee stage is crucial for refining the amendment and ensuring it aligns with existing laws and the broader goals of the government.

Voting in Congress

After the committee has completed its work, the amendment is put before the respective chamber of Congress for a vote. If the amendment passes in one body of Congress, it then moves to the other body, where it undergoes a similar process of research, discussion, changes, and voting. This back-and-forth ensures that the amendment is thoroughly vetted and has support from both chambers.

Reconciliation and Final Vote

Once both bodies of Congress have voted to accept the amendment, they must work together to reconcile any differences between their two versions. This is a collaborative process that requires negotiation and compromise to reach a consensus. Once the differences are ironed out, both chambers vote again on the final, reconciled version of the amendment. If it passes this final vote, it is then ready to be presented to the President for approval.

Ratification by Congress

An amendment may be proposed by a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their 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 duties associated with this function to the Director of the Federal Register.

Once an amendment is proposed by Congress, the Archivist submits it to the States for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).

The process of ratification by Congress ensures that any changes to the U.S. Constitution are carefully considered and approved by a supermajority in both chambers. This helps to protect the integrity and stability of the Constitution while also allowing for necessary amendments to be made.

Ratification by State legislatures

The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment may be proposed by 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 submitted to the States for their consideration.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). This can be done either by the State legislatures or by conventions called in each State for ratification. In modern times, amendments typically specify a timeframe in which this must be accomplished, usually a period of several years.

The process of ratification by State legislatures involves the following steps:

• The proposed amendment is submitted to the States: 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 by sending a letter of notification to each Governor, along with informational material prepared by the Office of the Federal Register (OFR).
• Formal submission to State legislatures: Upon receiving the proposed amendment, the Governors then formally submit it to their respective State legislatures. In some cases, State legislatures have taken action on a proposed amendment before receiving official notification.
• Ratification by State legislatures: Each State legislature considers and votes on the proposed amendment. A State's ratification process may include research, discussion, and potential changes to the amendment.
• Submission of ratification to the Archivist: When a State ratifies a proposed amendment, it sends an original or certified copy of the State's action to the Archivist. This document is immediately conveyed to the Director of the Federal Register for examination and verification.
• Verification and certification: The OFR examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
• Adoption of the amendment: Once the required number of authenticated ratification documents (38 out of 50) is received by the OFR, they draft a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
• Publication of the amendment: The certification of the amendment 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.

It is important to note that the Archivist does not make substantive determinations regarding the validity of State ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive.

The ratification process by State legislatures is a crucial step in amending the US Constitution, ensuring that proposed changes receive widespread support across the country.

The role of the President

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. Instead, the original document is forwarded directly to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.

The President's role in the amendment process is ceremonial. In recent history, the signing of the certification 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 along with three young scholars.

Additionally, the President plays a role in the legislative process by reporting to Congress on the "State of the Union" and recommending measures for consideration. Many executive communications follow the President's message to Congress on the state of the union. These communications are then referred to the standing committee or committees with jurisdiction over the subject matter of the proposal. The chairman or ranking minority member of the relevant committee often introduces the bill, and this practice is usually followed even when the majority of the House and the President are not of the same political party.

The President can also veto a bill, which means refusing to approve it. However, in most cases, Congress can vote to override that veto, and the bill becomes a law. If the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a "pocket veto" and cannot be overridden by Congress.

Overriding a veto

Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for approval. If the President does not approve of the bill, they can veto it. However, the bill can still become a law if two-thirds of both the House and the Senate vote to override the veto. This is known as a "two-thirds override".

The process of overriding a veto is as follows:

• The President vetoes the bill and sends it back to Congress with their objections.
• The bill is then brought up for a vote in both the House and the Senate.
• If two-thirds of both the House and the Senate vote in favour of the bill, the veto is overridden, and the bill becomes a law.

It is important to note that the President does not have the power to veto individual items within a bill. They can only veto the entire bill. If Congress wants to make changes to specific items within a bill, they can do so through the amendment process.

Additionally, it is worth mentioning that there is a type of veto called a "pocket veto" where the President does not sign a bill and returns it to Congress with their objections within 10 days (excluding Sundays). In this case, the bill does not become a law, even if Congress overrides the veto.

Frequently asked questions