The main purpose of the amending process described in Article V of the Constitution is to permanently protect the people of the nation from unreasonable amendment proposals and ratifications. Why do we need a constitutional amendment? The Constitution makers felt that it has to be in accordance with people's aspirations and changes in society.
Why is creating a new amendment a difficult process?
The founders made the amendment process difficult because they wanted to lock in the political deals that made ratification of the Constitution possible. Moreover, they recognized that, for a government to function well, the ground rules should be stable.
Why do you think the Tenth Amendment is important?
You can find more information about implied powers here. Therefore, this amendment limits the power of the government vaguely because it doesn’t specify what powers aren’t delegated. Conclusion . In sum, the Bill of Rights is important because it limits the power of the government, and by doing so, it grants individual rights and liberties.
Why is the Twenty-Sixth Amendment so important?
The Twenty-Sixth Amendment has played an important role in expanding the franchise to younger Americans, allowing them to participate more fully in the political process. It ensures that citizens between 18 and 20 years old cannot be deprived of the opportunity to vote on account of age.
Why does the Constitution have an amendment process?
The amendment process, is the key to the Constitution's success. It establishes a process where adding amendments is not too easy, which would make the Constitution more like statutory law and ...
What happens when a state ratifies an amendment?
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.
How many votes does the Senate have to approve an amendment?
The Constitution provides that an amendment may be proposed either by the 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.
What is the purpose of the OFR proclamation?
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.
What is the authority of the National Archives and Records Administration?
After Congress proposes an amendment, the Archivist of the United States , who heads the National Archives and Records Administration (NARA), is charged with responsibility 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. Neither Article V of the Constitution nor section 106b describe the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985.
When did the Archivist sign the 27th amendment?
On May 18 , 1992 , the Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, and the Director of the Federal Register signed the certification as a witness.
Who signed the 24th and 25th amendments?
President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment along with three young scholars.
Does the President have a role in the amendment process?
The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register ...
How many votes do you need to pass an amendment?
A proposed amendment must pass a two-thirds vote in both houses of Congress, or if two-thirds of the states petition Congress, a new constitutional convention can be called to consider amendments.
What is the key to the success of the Constitution?
Some constitutional scholars believe that Article V , which sets forth the amendment process, is the key to the Constitution's success. It establishes a process where adding amendments is not too easy, which would make the Constitution more like statutory law and less permanent—but also not too diffi-cult, which would make violent revolution more ...
What was the purpose of the Philadelphia Convention?
After all, the Philadelphia convention in 1787 was supposed to amend the Articles of Confederation, the existing constitution. Instead, the delegates proposed an entirely different system of government. It took effect after state conventions especially elected for the purpose chose to ratify the new Constitution.
What is an amendment?
So, what is the constitutional amendment process to turn proposed bills into legal changes to the Constitution?
How does the constitutional amendment process start?
There are two ways to get a proposal adopted by Congress. The first is to put the proposal to a vote in the Senate and the House of Representatives. Votes with a positive two-thirds majority can progress to the next stage. Right now, that means that 34 of the 50 states need to vote in favor. This does mean that 16 state representatives could vote against in the interest of the constituents and lose. But, there is still a larger number in favor of that democratic process. Once approved by Congress, the amendment and all related materials are sent to each state governor by the national archivist.
How many votes are needed to ratify the 21st amendment?
There is the amendment ratification process. Again, there are two options, and the choice on which path to take is up to Congress at that moment. The first is to call on legislatures of all states to agree to the wording of the amendment and return it to the National Archives. Again, there must be a majority in order to make any amendment official. This time, that majority is three-fourths, taking the required number of votes to 38. This is the route taken for all but the 21st amendment. Here, Congress called on the state ratifying conventions of the same three-fourths majority.
Why is the Constitution so close to its original form?
In short, while there are only two main steps in this process in adoption and ratification, there is a lot more to the system. The need for various votes and documentation from state legislatures and the involvement of different houses complicates matters. This is necessary to allow for the due democratic process and to ensure that unsuitable amendments don’t get through. These complications are also why the Constitution remains so close to its original form today.
What are the steps of the Constitutional Amendment?
At its core, the constitutional amendment process is one of just two steps. They are adoption and ratification. However, the work and time that goes into completing each step mean that few get through.
How long does it take to ratify an amendment?
There is no strict or consistent time limit on ratification. The rules state that proposals must be ratified “within the stipulated time period if any”. This means that there doesn’t have to be a time limit unless Congress decides that a deadline is within their best interests. Some amendment proposals can take a very long time to get through the process. The 27th amendment on congressional pay is a bit of an anomaly, with a 202-year gap between the proposal and the ratification. Before that, the longest period had been that of the 22nd amendment on the presidential tenure, which took three years and four months.
How many amendments were proposed in 1924?
However, that doesn’t mean that there haven’t been many proposals submitted for adoption. For example, in 1924 there were 96 resolutions proposing amendments covering thirty different subjects. The majority were introduced by the House of Representatives.
