How Citizens Can Enact Constitutional Amendments

The process of amending a constitution varies across different countries and jurisdictions. In the United States, 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. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). On the other hand, countries like Australia, Ireland, and Switzerland require that all amendments be first passed by the legislature before being submitted to the people for approval, with varying levels of majority requirements. In the case of New York, there are two methods for proposing amendments: the legislative method, which involves multiple stages of approval by the houses and the electorate, and the convention method, which requires a majority vote of voters in a referendum to convene a constitutional convention.

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The US Constitution's Article V outlines the amendment process

The US Constitution's Article V outlines the process for amending the Constitution. According to Article V, Congress can propose amendments to the Constitution 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. In both cases, the proposed amendments become valid and part of the Constitution when ratified by three-fourths of the state legislatures or conventions.

Since its founding, Congress has used Article V's procedures to propose thirty-three constitutional amendments, twenty-seven of which have been ratified by the states and have become part of the Constitution. The process of amending the Constitution is a significant undertaking and requires a high level of consensus across the country.

The text of Article V addresses the proposal and ratification of amendments, and it also makes certain subjects unamendable. For example, no amendment shall affect the first and fourth clauses in the ninth section of the first article, and no state shall be deprived of its equal suffrage in the Senate without its consent.

While Article V establishes the procedures for amending the Constitution, some scholars, such as Akhil Reed Amar, argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V. This perspective suggests that the amendment process may not be limited solely to the procedures outlined in Article V.

The process of amending the US Constitution, as outlined in Article V, is a complex and rigorous procedure that ensures any changes made to the nation's foundational document reflect the will of the people and are carefully considered and widely accepted.

Amendments require a two-thirds majority in Congress

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments: through Congress or a constitutional convention.

Amendments proposed by Congress must be approved by a two-thirds majority vote in both the House of Representatives and the Senate. This means that for an amendment to be proposed, at least two-thirds of both chambers must agree. This process ensures that amendments reflect the consensus of both chambers of Congress and helps to prevent the enactment of provisions that may be strongly opposed by a substantial minority.

Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format. The OFR also prepares informational packages for the states, providing them with the necessary details to consider the amendment.

The role of Congress in the amendment process extends beyond proposing amendments. After an amendment is proposed, Congress can specify whether it should be ratified by state legislatures or by conventions in the states. This flexibility allows Congress to determine the most appropriate method for ratification, depending on the nature of the amendment and the preferences of the states.

While Congress plays a significant role in proposing and facilitating the ratification of amendments, the ultimate decision-making power rests with the states. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This requirement ensures that any changes to the Constitution are broadly accepted across the country and protects the interests of individual states.

Amendments are ratified by three-fourths of the States

The process of amending the Constitution of the United States is derived from Article V of the Constitution. Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all 27 amendments to the Constitution have been proposed by Congress.

Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) plays a crucial role in this process. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, providing them with the necessary documentation.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, which currently equates to 38 out of 50 states. This requirement ensures that any changes to the Constitution reflect the consensus of a significant majority of states. The ratification process can occur through one of two methods, as determined by Congress: ratification by three-fourths of state legislatures or ratification by conventions in three-fourths of states.

Upon receiving the required number of authenticated ratification documents, the OFR drafts a formal proclamation for the Archivist of the United States 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. The signing of the certification has become a ceremonial event, often attended by dignitaries, including the President on some occasions.

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The President does not have a constitutional role in the process

The process of amending the US Constitution is outlined in Article V of the Constitution. The process does not include a role for the President.

A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures.

In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. 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.

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 witnessed the certification of the 26th Amendment along with three young scholars. However, this is not a constitutional role in the process and is instead a ceremonial function.

Amendments can be proposed by a constitutional convention

The Constitution of the United States provides that an amendment may be proposed either by Congress or by a constitutional convention. Congress must have a two-thirds majority vote in both the House of Representatives and the Senate. A constitutional convention, on the other hand, is called for by two-thirds of the State legislatures (34 out of 50). This is referred to as an Article V Convention, state convention, or amendatory convention.

Article V of the Constitution establishes two methods for proposing amendments. The first method, which has been used 33 times, is for Congress to propose an amendment with a two-thirds majority vote in both houses. The second method, which has never been used, is for a convention to be called for by two-thirds of the State legislatures.

There are several debates surrounding the convention method for proposing amendments. One debate concerns whether Congress must call a convention upon the request of two-thirds of the states, or whether it has the power to control or regulate the convention. Another debate is about how delegates to the convention should be chosen, and whether Congress, state legislatures, or the delegates themselves should set the rules of procedure.

Some scholars have speculated that states may push Congress to propose an amendment on a particular matter by applying for an Article V convention on that issue. This is because Congress's duty to call a convention when requested by the states may mean that it must be limited to the subject matter requested by the states. However, if a convention attempts to exceed its scope, none of the amendments it proposes will become part of the Constitution until three-fourths of the states ratify them, which is more than the number of states required to call a convention.

In addition to the federal level, there are also state-level constitutional conventions. Over 230 constitutional conventions have assembled in the United States at the state level.

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