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    how many states must approve an amendment before it can be added to the constitution?

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    Constitutional Amendment Process

    The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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

    Constitutional Amendment Process

    The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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.

    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. None of the 27 amendments to the Constitution have been proposed by constitutional convention. 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 (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 under 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 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. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed 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. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.

    A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 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 and serves as official notice to the Congress and to the Nation that the amendment process has been completed.

    In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. 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.

    In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. 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. 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.

    Links to Constitutional Amendment Information in the Treasures of Congress Exhibit

    The Bill of Rights (Amendments 1-10 and 27)

    The 13th Amendment (Prohibiting Slavery)

    The 17th Amendment (Direct Election of Senators)

    The 19th Amendment (Granting Women the Right to Vote)

    Source : www.archives.gov

    The Constitution and the Bill of Rights: Article IV

    Start studying The Constitution and the Bill of Rights: Article IV-VII: The Role of the Constitution. Learn vocabulary, terms, and more with flashcards, games, and other study tools.

    The Constitution and the Bill of Rights: Article IV-VII: The Role of the Constitution

    4.8 8 Reviews

    The process of approving the Constitution is best described as

    simple. unofficial. difficult. unfair.

    Click card to see definition 👆

    C

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    The House and Senate can only pass amendments to the Constitution if

    the amendment receives a majority vote.

    the president supports them.

    the amendment receives a two-thirds vote.

    the judiciary branch supports them.

    Click card to see definition 👆

    C

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    1/10 Created by incrediblekate1

    Terms in this set (10)

    The process of approving the Constitution is best described as

    simple. unofficial. difficult. unfair. C

    The House and Senate can only pass amendments to the Constitution if

    the amendment receives a majority vote.

    the president supports them.

    the amendment receives a two-thirds vote.

    the judiciary branch supports them.

    C

    How many states had to vote for the Constitution to approve it?

    two-thirds three-fourths nine of thirteen all thirteen C

    Amendments to the Constitution can be proposed by

    the president and vice president.

    Congress and state legislatures.

    the president and the Supreme Court.

    Congress and the Supreme Court.

    B

    The first two sections of Article IV of the Constitution focus on relationships between

    US government agencies.

    different US states.

    branches of US government.

    the Senate and the House.

    B

    Ratification is best defined as

    the process of approving the Constitution.

    the process of supporting the Constitution.

    the process of writing the Constitution.

    the process of interpreting the Constitution.

    A

    Which is a true statement about the Full Faith and Credit Clause?

    The Full Faith and Credit Clause deals with legal proceedings between states.

    The Full Faith and Credit Clause deals with enslaved persons in different states.

    The Full Faith and Credit Clause deals with equal protection for citizens.

    The Full Faith and Credit Clause deals with constitutional rights for citizens.

    A

    How many states must approve an amendment before it can be added to the Constitution?

    One-quarter. One-half Three-fourths Five-eighths C

    Which best explains how Article IV is connected to federalism?

    Article IV grants powers to states while limiting the powers of the federal government.

    Article IV grants powers to federal government while limiting the powers of the states.

    Article IV grants powers to states while limiting the powers of the executive branch.

    Article IV grants powers to federal government while limiting the powers of the judicial branch.

    A

    Which statement summarizes the Enslaved Persons Clause?

    Enslaved persons who escape must be given constitutional rights.

    Enslaved persons who escape must be given equal protection.

    Enslaved persons who escape must be returned to their home states.

    Enslaved persons who escape must be granted their freedom.

    C

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    Verified questions

    US GOVERNMENT

    Give Examples of Processes to Affect Public Policy Give examples of the processes used by individuals, political parties, interest groups , or the media to affect public policy. Write a paragraph giving examples of how public opinion is used to affect public policy. Consider the following questions : Why is it important to be able to measure public opinion? How is public opinion measured? How can the results be used to affect public policy?

    Verified answer US GOVERNMENT

    Is it better to amend a state constitution many times or to rewrite it completely? Explain your answer.

    Verified answer US GOVERNMENT

    How do the purposes of the UN align with the goals of U.S. foreign policy?

    Verified answer US GOVERNMENT

    Examine Resources in Foreign Policy Examine how the U.S. government uses economic resources in foreign policy, and explain the major respons ibilities of the federal government for foreign policy. Write a paragraph that examines how the U.S. government uses economic resources in foreign policy. Consider the following questions : What are economic resources used in foreign policy called? How does the United States determine the allocation of these economic resources? How do you think the use of economic resources advances U.S. foreign policy goals?

    Source : quizlet.com

    Interpretation: Article V

    COMMON INTERPRETATION

    COMMON INTERPRETATION Article V

    by Michael B. Rappaport

    Hugh and Hazel Darling Foundation Professor of Law and Director of the Center for the Study of Constitutional Originalism at the University of San Diego Law School

    by David A. Strauss

    Gerald Ratner Distinguished Service Professor of Law and Faculty Director of the Jenner & Block Supreme Court and Appellate Clinic at the University of Chicago Law School

    Article V of the Constitution says how the Constitution can be amended—that is, how provisions can be added to the text of the Constitution. The Constitution is not easy to amend: only twenty-seven amendments have been added to the Constitution since it was adopted.

    Article V spells out a few different ways in which the Constitution can be amended. One method—the one used for every amendment so far—is that Congress proposes an amendment to the states; the states must then decide whether to ratify the amendment. But in order for Congress to propose an amendment, two-thirds of each House of Congress must vote for it. And then three-quarters of the states must ratify the amendment before it is added to the Constitution. So if slightly more than one-third of the House of Representatives, or slightly more than one-third of the Senate, or thirteen out of the fifty states object to a proposal, it will not become an amendment by this route. In that way, a small minority of the country has the ability to prevent an amendment from being added to the Constitution.

    Article V does potentially provide a way for the states to bypass Congress, although it has never been used. Article V says that “on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments.” The convention can propose amendments, whether Congress approves of them or not. Those proposed amendments would then be sent to the states for ratification. As with an amendment proposed by Congress, three-quarters of the states would have to ratify the amendment for it to become part of the Constitution.

    Article V also allows Congress to choose between two ways that the states might ratify an amendment. An amendment can be ratified by the state legislature—the part of the state government that enacts laws for the state. But Congress can provide instead that the states must call conventions for the single purpose of deciding whether to ratify an amendment. So far, though, with one exception (the Twenty-First Amendment), every amendment has been ratified by state legislatures.

    The amendments to the Constitution have come in waves. The first twelve Amendments, including the Bill of Rights, were added by 1804. Then there were no amendments for more than half a century. In the wake of the Civil War, three important Amendments were added: the Thirteenth (outlawing slavery) in 1865, the Fourteenth (mainly protecting equal civil rights) in 1868, and the Fifteenth (forbidding racial discrimination in voting) in 1870. At the time, there were questions about whether those Amendments had been properly ratified by the states, because it was unclear whether the Confederate states—which had seceded from the Union—were part of the United States again. Today, though, no one doubts that those Amendments are part of the Constitution.

    After the Civil War Amendments, another forty-three years passed until the Constitution was amended again; then four more Amendments (Sixteen through Nineteen) were added between 1913 and 1920. Seven more amendments were adopted at pretty regular intervals between 1920 and 1971, but except for one very unusual amendment, there have been no amendments to the Constitution since 1971.

    The unusual amendment is the Twenty-Seventh Amendment. It was proposed with the original Bill of Rights, in 1789, and was ratified by a half-dozen states within a few years—and then mostly ignored. But Article V says nothing about the time period within which three-quarters of the states have to ratify a proposed amendment. From time to time, another state would add its ratification. Finally, in 1992, more than two hundred years after the Amendment was first proposed, the ratifications finally reached the three-quarters line, and the Twenty-Seventh Amendment has been considered part of the Constitution since then. For recent proposed amendments, though, Congress has specified that the amendment must be ratified within seven years or it would lapse, so this situation is unlikely to happen again.

    But other issues might arise. For example, Article V says that an amendment that has been proposed to the states will become part of the Constitution if three-quarters of the states ratify it. What if a state ratifies quickly, but then, before many other states ratify, changes its mind and tries to rescind (that is, take back) its ratification—can a state do that? Some commentators would say no—once a state has ratified, that counts toward the required three-quarters, no matter what the state does later. But other commentators would say that a state can rescind its ratification so long as it does so before the amendment process has been completed. Thus, there is no definite answer to this question. This kind of uncertainty might be very troubling—we might not know for sure whether a proposed amendment was part of the Constitution or not.

    Source : constitutioncenter.org

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