Omar Bennett
The process of amending a constitution varies from country to country. In the United States, the authority to amend the 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, or by a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states. Other countries, like Japan, Indonesia, and China, have different procedures for amending their constitutions, which may include initiatives, assemblies, or conventions. Some countries, such as Australia and Ireland, require that all amendments be passed by the legislature before being submitted to the people for approval.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment ratification | Legislatures of three-fourths of the States |
| Amendment ratification | Conventions in three-fourths of the States |
| Amendment methods | People's Initiative |
| Amendment methods | Constituent Assembly |
| Amendment methods | Constitutional Convention |
| Amendment methods | Legislative Method |
| Amendment methods | Initiative Method |
| Amendment methods | Convention Method |
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What You'll Learn
People's initiative
In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution typically involves a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the States (38 out of 50). While the President does not have a constitutional role in the amendment process, they may participate in the ceremonial signing of the certification.
The people's initiative, also known as the initiative method, is one of several methods that can be employed to propose amendments. This method involves a petition signed by voters equal to a certain percentage of votes from the previous gubernatorial election, typically around 8%. The proposed amendment is then presented to the voters during a general or special election, allowing them to provide their approval or disapproval. This approach empowers citizens to directly engage in the amendment process and drive changes to the Constitution.
The legislative method, on the other hand, involves publishing the proposed amendment for three months, followed by approval by an absolute majority of members in each of the two houses. The proposal is then approved again in the succeeding term of the houses, and finally submitted to the people for ratification by a simple majority. This process ensures that any changes to the Constitution reflect the will of the people and undergo thorough deliberation.
In some countries, such as China and Japan, the people's initiative is also recognised as a valid method for proposing constitutional amendments. For instance, in Japan, amendments can be initiated by a concurring vote of two-thirds of the members in each house and are then submitted to the people for ratification through a referendum. This demonstrates a global recognition of the importance of citizen participation in shaping the fundamental laws that govern their nations.
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Constitutional convention
The process of amending the Constitution varies across different countries. In the United States, the authority to amend the 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. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. However, it is worth noting that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, it becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50 states).
In other countries, such as China, Indonesia, and Japan, the process of amending the constitution is different. For example, in China, amendments to the constitution are proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies and adopted by a majority vote of two-thirds of the deputies. In Indonesia, the proposal to amend the constitution must be submitted by one-third of the members of the People's Consultative Assembly, with two-thirds of the members present, and a simple majority vote is required for approval. Japan's constitution states that amendments must be initiated by a concurring vote of two-thirds or more of each house and then submitted to the people for ratification through a special referendum.
The process of amending a constitution typically involves a combination of legislative and democratic procedures. While some countries require supermajorities in the legislature, others mandate direct approval by the electorate in a referendum. In some jurisdictions, a popular initiative or petition signed by a certain percentage of voters can trigger a referendum to amend the constitution. For instance, in New York, there are two methods of proposing amendments: the legislative method, which involves publication and approval by an absolute majority, and the convention method, which requires a majority vote of voters in a general election or referendum.
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Congress proposes an amendment
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then 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 joint resolution in slip law format, and the statutory proposal. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process.
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 call for a convention, depending on what Congress has specified.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the States (38 out of 50). Once 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, serving as official notice to Congress and the Nation that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
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Ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. After an amendment is proposed, it must be ratified by either three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states. This means that 38 out of 50 states must approve the amendment for it to become part of the Constitution.
The choice of ratification method lies with the Congress, which can determine whether the proposed amendment is sent to the state legislatures or to state ratifying conventions for approval. The first method involves the state legislatures directly voting on the amendment, while the second method involves conventions being held in each state to consider the amendment. Regardless of the method chosen, each state's vote carries equal weight, and the amendment must be approved by three-fourths of the states overall.
The process of ratification is administered by 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 function to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, the Director of the Federal Register drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
In recent history, the signing of the certification has become a ceremonial event attended by dignitaries, including sometimes the President. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. While the length of time between the proposal and ratification of an amendment does not affect its validity, most amendments proposed since 1917 have included a deadline for ratification.
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The President's role in the process
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While the people can demand amendments, the President does not have a constitutional role in the amendment process.
The process of amending the Constitution begins with a proposal. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, in practice, all amendments to the Constitution have been proposed by Congress in the form of a joint resolution.
Once an amendment is proposed by Congress or a constitutional convention, it is forwarded directly to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR adds legislative history notes to the joint resolution, publishes it in slip law format, and assembles an information package for the States.
The proposed amendment then moves to the ratification stage. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
While the President does not have a formal role in proposing or ratifying amendments, they may participate in a ceremonial function during the signing of the certification. This ceremony signifies the completion of the amendment process and has been attended by various dignitaries, including the President, in recent history. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
In summary, while the President may be involved in ceremonial aspects, they do not have a direct role in the constitutional process of proposing and ratifying amendments. The amendment process is primarily driven by Congress, the State legislatures, and the relevant administrative bodies, such as NARA and the OFR.
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Frequently asked questions
The process to amend the constitution differs from country to country. In the United States, amendments to the Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. In India, amendments are proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress.
Yes, the people can demand amendments to the constitution. There are various methods through which people can propose amendments, such as a People's Initiative, a Constituent Assembly, or a Constitutional Convention. In the United States, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
The President does not have a constitutional role in the amendment process. However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
After an amendment is proposed, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The Archivist of the United States is responsible for administering the ratification process.
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