The Long Road: Amendments To Laws

The process of amending the U.S. Constitution is a complex and lengthy one, requiring the approval of two-thirds of both houses of Congress and ratification by three-fourths of state legislatures or state conventions. The process can be initiated by Congress or by a constitutional convention called for by two-thirds of state legislatures. Once an amendment is proposed, it is sent to the states for ratification, and a deadline for ratification may be set by Congress. The amendment becomes part of the Constitution once it is ratified by the required number of states. The entire process can take several years, and there have been only 27 successful amendments to the Constitution since it was drafted in 1787.

The US Constitution's Article V outlines the amendment process

The US Constitution's Article V outlines the process for amending the document. The process is a challenging and time-consuming one, as the framers intended to ensure the Constitution's longevity.

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 two-thirds vote. This is the only method that has been used thus far. The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of state legislatures.

Once an amendment has been proposed, it must be ratified to become part of the Constitution. Congress decides whether ratification is carried out by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. The Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition, is the only amendment to have been ratified by the latter method.

An amendment becomes operative as soon as it is ratified by the necessary number of states, and no further action is required. The Archivist of the United States is responsible for administering the ratification process. They notify each state governor, who then submits the amendment to their state legislature or calls for a convention, depending on what Congress has specified. Once a state ratifies a proposed amendment, it sends an original or certified copy of the action to the Archivist, who then drafts a formal proclamation to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and US Statutes at Large, serving as official notice that the amendment process is complete.

The US Constitution has been amended 27 times since it was drafted in 1787, including the first ten amendments, known as the Bill of Rights. The process is a challenging one, as evidenced by the numerous proposed amendments that have not succeeded.

An amendment must be passed by two-thirds of both houses of Congress

The process of amending the U.S. Constitution is outlined in Article V of the Constitution. This process is intentionally difficult, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come".

The first step in the amendment process is for two-thirds of both houses of Congress to propose an amendment. This is done in the form of a joint resolution, which does not require the signature or approval of the President. Once the joint resolution has been passed, it is sent to the 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.

The Archivist of the United States then submits the proposed amendment to the states for their consideration. The amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done either by the state legislatures or by state ratifying conventions, depending on what Congress has specified.

The amendment process is very difficult and time-consuming. In the history of the United States, the Constitution has only been amended 27 times since it was drafted in 1787. The most recent amendment, the Twenty-seventh Amendment, took over 200 years to be ratified and added to the Constitution.

Three-fourths of state legislatures must ratify an amendment

The process of amending the US Constitution is a complex and lengthy one, designed to ensure that any changes made are thoroughly considered and have a broad consensus of support. A proposed amendment must be passed by two-thirds of both houses of Congress before being sent to the states for ratification. This is a challenging threshold to meet and demonstrates the importance of achieving a broad consensus at the federal level before an amendment can progress further.

Once an amendment has been proposed by Congress, it is submitted to the states for their consideration. Here, the requirement is for ratification by three-fourths of the state legislatures, currently representing 38 out of 50 states. This step is crucial to ensuring that any changes to the Constitution reflect the will of the people across the country and are not just imposed by the federal government.

The process of ratification can vary depending on the amendment and the specific instructions provided by Congress. In most cases, state legislatures are responsible for ratifying amendments, but Congress can also specify that a state convention be held to consider the amendment. This option allows for more direct participation by the people of a state in the amendment process.

The role of the Archivist of the United States is also important in the amendment process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. While the specific procedures are not outlined in detail in the Constitution, the Archivist follows established customs and procedures, ensuring the integrity and transparency of the process.

The process of amending the US Constitution, including the requirement of ratification by three-fourths of state legislatures, is a deliberate and rigorous process. It ensures that any changes to the nation's founding document reflect the will of the people and have broad support across the country. This process has been followed for all 27 amendments that have been ratified since the Constitution was drafted in 1787, including the Bill of Rights, which comprised the first ten amendments.

The President has no constitutional role in the amendment process

The process of amending the Constitution of the United States is derived from Article V of the Constitution. While the President may play an informal, ministerial role in the amendment process, they have no constitutional role in the process. The joint resolution for an amendment does not require the President's signature or approval and is forwarded directly to the National Archives and Records Administration's (NARA) 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. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification. This package is sent to each Governor, who then formally submits the amendment to their State legislatures or calls for a convention, depending on what Congress has specified.

The President has no power to veto a proposed amendment. This was articulated by the Judicial Branch in the 1798 case of Hollingsworth v. Virginia, where the Supreme Court held that the President "has nothing to do with the proposition, or adoption, of amendments to the Constitution." This view was reaffirmed in the 1920 case of Hawke v. Smith, where the Court characterised its earlier decision as having settled that "submission of a constitutional amendment did not require the action of the President."

Despite this, there have been instances of Presidents playing a role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment (abolishing slavery) even though his signature was not necessary for its proposal or ratification.

The Archivist of the United States plays a key role in the amendment process

The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives. They are appointed by the President with the advice and consent of the Senate.

The Archivist plays a key role in the amendment process. After Congress proposes an amendment, the Archivist is responsible for administering the ratification process. This includes submitting the proposed amendment to the States for their consideration and receiving the States' ratification documents. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and an authenticating signature. Once the Director has acknowledged receipt, the OFR retains these documents until an amendment is adopted or fails.

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 the Nation that the amendment process has been completed.

The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.

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