Amendments: Changing The Constitution Legally

Amendments are allowed to modify the constitution of a polity, organization, or other type of entity. The process of amending a constitution varies across different countries and political systems. In the United States, the authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. The process of amending a constitution can be complex and time-consuming, and it is important to carefully consider the potential impact of any proposed changes.

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The US Constitution's Article V outlines the amendment procedure

The US Constitution's Article V establishes the procedures for amending the Constitution. It outlines two methods for proposing amendments and two methods for states to ratify them.

The first method for proposing amendments requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.

Once an amendment is proposed, it must be ratified. The first method of ratification requires the legislatures of three-fourths of the states (38 out of 50) to approve the amendment. The second method involves conventions in three-fourths of the states. Congress determines which method the states must follow for ratification.

After Congress proposes an amendment, 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 duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and an authenticating signature. Once the required number of authenticated documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution.

While Article V provides the procedures for amending the Constitution, there is debate among scholars about whether it is the exclusive means of doing so. Some argue that there may be other routes to amendment, including through sustained political activity by a mobilized national constituency. Additionally, Article V does not explicitly state whether its procedures apply to amending itself.

Amendments are ratified by three-fourths of the States

The Constitution of the United States can be amended, and this authority is derived from Article V of the Constitution. The process of amending the Constitution involves proposing an amendment, which can be done by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification.

Once an amendment is proposed, it is sent to the states for ratification. The states can ratify the amendment in one of two ways: through their state legislatures or by calling a convention. The specific method of ratification is determined by Congress. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register.

The Director of the Federal Register examines the ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails. Once three-fourths of the states (38 out of 50) have ratified the amendment, it becomes part of the Constitution. This is a crucial step in the amendment process, as it gives the states a significant role in altering the country's foundational document.

The process of amending the Constitution is deliberately designed to be challenging and time-consuming. It requires broad support for an amendment to be successfully ratified by three-fourths of the states. This ensures that any changes made to the Constitution reflect the consensus of a significant majority of the country. As a result, the Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments, known as the Bill of Rights.

Amendments can be proposed by Congress or a constitutional convention

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments can be proposed by Congress or a constitutional convention. Congress has used Article V's procedures to propose thirty-three constitutional amendments.

The first method for proposing an amendment requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. The joint resolution for the amendment 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. It also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.

The second method involves Congress calling a convention for proposing amendments upon the request or application of two-thirds of the state legislatures. This method has never been used. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.

The process of amending the Constitution is deliberately difficult and time-consuming. The idea for an amendment must be significant, impacting all Americans or securing the rights of citizens. The amendment process involves multiple steps and the collaboration of various entities, including Congress, the Archivist of the United States, the Director of the Federal Register, and the states.

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Amendments are interwoven into existing constitutions or appended as additions

Amendments are an essential tool to modify and adapt constitutions to the evolving needs of a nation and its people. They are a means to improve and secure the rights of citizens, addressing issues of major impact. The process of amending a constitution is often intricate and time-consuming, designed to be more stringent than the process for passing ordinary legislation. This ensures that any changes to the foundational document are carefully considered and widely supported.

There are two primary methods by which amendments are incorporated into a constitution. The first approach involves directly interweaving the amendments into the existing constitution, resulting in a direct alteration of the text. This method ensures that the amended sections of the constitution are seamlessly integrated, creating a cohesive and updated document. The changes made through this approach are immediately evident in the text, making it clear which parts have been modified.

The second method involves appending the amendments as supplemental additions, often referred to as codicils. This approach allows for a change in the frame of government or the interpretation of certain provisions without altering the original text of the constitution. By adding these supplemental sections, the underlying principles of the constitution can be adapted or expanded upon without modifying the foundational language. This method provides a way to evolve the implementation of the constitution without directly changing its core text.

The choice between interweaving amendments or appending them as additions depends on various factors. These include the nature of the changes being made, the specific requirements outlined in the constitution's amendment process, and the preferences of those involved in the amendment process. In some cases, constitutions may specify which method should be employed, providing clarity and consistency in the amendment procedure.

It is worth noting that while amendments are a powerful tool for change, they are not without limitations. Certain topics or sections within a constitution may be deemed unamendable, protecting the core principles and values upon which the nation was founded. Additionally, the process of proposing and ratifying amendments typically involves multiple levels of governance, ensuring broad support and consensus for any modifications.

Some constitutions restrict the type of amendments allowed

The process of amending a constitution varies across different countries. While some constitutions allow amendments to be made through a variety of methods, others restrict the types of amendments that are permitted. For example, the German Weimar Constitution of 1919 had a very broad definition of "amendment," allowing any law that reached the required supermajorities in both chambers of parliament to deviate from the constitution without becoming part of it. This led to the rise of Adolf Hitler and was therefore explicitly prohibited in the postwar 1949 constitution, which only allows amendments that explicitly change the text of the constitution.

The Constitution of Ethiopia is another example of a constitution that restricts the types of amendments allowed. It can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly, according to Article 105. Additionally, Chapter Three, which outlines human and democratic rights, and Articles 104 and 105, are almost impossible to amend as they require total consensus from the federal regional states and two-thirds of each house of Parliament.

In the United States, the authority to amend the Constitution is derived from Article V, which sets forth procedures for proposing and ratifying amendments. While most amendments have been proposed by Congress, it is important to note that the President does not have a constitutional role in this process. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). Interestingly, the last two sentences of Article V make certain subjects unamendable, such as the equal suffrage of states in the Senate.

Some constitutions may also use entrenched clauses to restrict the kinds of amendments that are allowed. For instance, the Fixed-term Parliaments Act 2011 (FTPA) in the British system restricted the ability of the Prime Minister to dissolve Parliament and call for a general election. However, this was annulled by a simple majority in 2019, demonstrating the democratic power of the electorate to effect rapid change.

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