Omar Bennett
The process of amending a constitution varies across different jurisdictions. In the United States, for instance, the authority to amend the Constitution is derived from Article V of the Constitution itself. Amendments may be proposed by 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. 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. On the other hand, countries like Australia, Ireland, and Switzerland require amendments to be passed by the legislature before being submitted to the people for a vote. The criteria for approval vary, with Ireland requiring a simple majority, while Australia and Switzerland demand a majority of voters in a majority of states.
| Characteristics | Values |
|---|---|
| Country | Australia, Ireland, Switzerland, Japan, US (Alabama), California, Hawaii, Minnesota, Tennessee, Wyoming, Illinois, Mississippi, Arizona, Oklahoma, Massachusetts, Colorado, Nevada, and more |
| Amendment Process | Legislative, Convention, Initiative |
| Legislative Process | Proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Convention Process | Called by legislators with a two-thirds absolute supermajority vote; voters decide in a referendum |
| Initiative Process | Citizen-initiated, with signatures ranging from 3% to 15% of votes cast in the last gubernatorial election |
| Ratification Process | Approved by a simple majority of voters in most states and a supermajority in several states |
| Amendment Frequency | Varies; Alabama's constitution was amended 977 times between 1901 and 2022, while Japan has passed none |
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What You'll Learn
Amendments proposed by Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States is responsible for administering the ratification process.
Since 1789, Congress has sent 33 constitutional amendments to the states for ratification, and 27 of these have been ratified. The process of amending the Constitution is deliberately designed to be difficult but not impossible. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50).
Congress has considered various constitutional amendments over the years, some of which have been approved and ratified, while others have not. For example, in 1911, Representative Victor Berger proposed an amendment to abolish the Senate, arguing that it was corrupt and useless. Congress passed this amendment, and it was ratified by the states. On the other hand, an anti-miscegenation amendment proposed by Representative Seaborn Roddenbery in 1912, which would have forbidden interracial marriages nationwide, was not approved by Congress.
The first 10 amendments to the Constitution, known as the Bill of Rights, were ratified in 1791. These amendments include protections against unreasonable searches and seizures, the preservation of the right to trial by jury, and the prohibition of cruel and unusual punishments.
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Amendments proposed by constitutional convention
The process of amending the United States Constitution is outlined in Article Five of the Constitution. There are two methods by which amendments to the Constitution may be proposed. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used to propose 33 amendments, 27 of which have been ratified by three-fourths of the states.
The second method is for Congress to call a convention for proposing amendments at the request of two-thirds of the state legislatures (34 out of 50). This method has never been used. However, it has been speculated that states may pressure Congress into proposing an amendment on a specific issue by applying for an Article V convention on that topic.
The potential risks of an Article V convention are a subject of debate. Some scholars argue that an Article V convention could become a "runaway convention", exceeding its intended scope and proposing amendments that were not intended by the states. On the other hand, others argue that the states have the power to limit the scope of an Article V convention to a specific subject matter, ensuring that it does not become a "runaway convention".
The process of amending the Constitution also involves the Archivist of the United States, who administers the ratification process. Once an amendment is proposed, the Archivist submits it to the states for their consideration. The states then ratify the amendment, either through their legislatures or by calling a convention. After an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
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Citizen-initiated amendments
For an ICA to be placed on the ballot, proponents of the amendment must collect a certain number of petition signatures from registered voters in their state. The number of signatures required varies by state and is often based on the number of votes cast in the last gubernatorial election. For example, Arizona and Oklahoma have the highest requirement, needing signatures equal to 15% of the votes cast in the last gubernatorial election. On the other hand, Massachusetts has the lowest requirement, needing signatures equal to only 3% of the votes cast. Some states also have geographic distribution requirements, such as needing signatures from a certain percentage of registered voters in each state senate district.
Once an ICA qualifies for the ballot, it must be ratified by the voters. In most states, a simple majority of voters is required, while some states require a supermajority. Nevada has a unique process where citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
It is important to note that the process for citizen-initiated amendments can vary by state, and some states may have additional requirements or steps. Overall, citizen-initiated amendments provide a way for citizens to have a direct say in amending their state's constitution.
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State-specific processes
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, the process typically involves the Congress, the Archivist of the United States, and the Director of the Federal Register.
Once an amendment is passed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
At this stage, the process can vary from state to state. In some states, the governor formally submits the amendment to the state legislature, while in other states, a convention is called to consider the proposed amendment. Some state legislatures have been known to act on a proposed amendment even before receiving official notice.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register. 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 until the amendment is adopted or fails.
To become part of the Constitution, the proposed amendment must be ratified by three-fourths of the States (38 out of 50). Once the OFR verifies that it has received the required number of authenticated ratification documents, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This certification 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 is complete.
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Voting rights and amendments
The right to vote in the United States has been expanded and protected over time through a series of constitutional amendments and federal laws. The original Constitution did not specifically protect the right to vote, instead leaving the issue to the states.
The first federal protections against discrimination in voting were created by the Civil Rights Act of 1870. This was amended by the Voting Rights Act of 1965, which prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English, and placed limits on certain states with a history of voter discrimination.
The 15th Amendment, passed in 1870, gave African American men the right to vote. However, many were unable to exercise this right due to barriers such as literacy tests. The 19th Amendment, ratified in 1920, gave women the right to vote. The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used in some states to prevent African Americans from voting in federal elections. The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.
The Constitution provides that an amendment may be proposed by 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. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments may be proposed by 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. Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution.
No, it depends on the jurisdiction. For example, in the United States, amendments are proposed by Congress or by a constitutional convention and do not require a direct vote from the people. However, in countries like Australia, Ireland, and Switzerland, amendments must first be passed by the legislature and then approved by a majority vote of the people.
None of the 27 amendments to the US Constitution have been proposed by constitutional convention.
After an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails.
Some examples of constitutional amendments in the United States include the 14th Amendment, which granted citizenship and equal protection under the law to all persons born or naturalized in the US, and the 15th Amendment, which prohibited the denial of the right to vote based on race, color, or previous servitude.
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