Malcolm Rivera
A constitutional amendment is a modification of a constitution that can be appended to the document as a supplemental addition without altering the existing text. Amendments can be proposed by a national or federal congress, or by a constitutional convention called for by state legislatures. In the United States, amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the states. The process for amending a constitution varies by country. For example, the Constitution of Spain can be amended through procedures detailed in Part X: Constitutional Amendment, while the Constitution of Russia can be amended in correspondence with Chapter 9: Constitutional Amendments and Revision of the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | Ratification by three-fourths of the States (38 out of 50) |
| Amendment process | The Archivist of the United States administers the ratification process, with support from the Director of the Federal Register |
| Historical context | The first 10 amendments, known as the Bill of Rights, were ratified in 1791 |
| Recent amendments | The 27th Amendment was ratified in 1992, 200 years after it was first proposed |
| Special procedures | Supermajorities, direct approval by electorate in a referendum, or a combination of procedures |
| International context | The Constitution of Spain can be amended via procedures detailed in Articles 166-169; the Swedish Constitution requires two identical Riksdag decisions separated by a general election |
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What You'll Learn
- Amendments require a two-thirds majority vote in both the House and Senate
- The President does not have a constitutional role in the amendment process
- Amendments can be appended to the Constitution without altering the existing text
- A referendum to amend the Constitution may be triggered by popular initiative
- The Archivist of the U.S. is responsible for administering the ratification process
Amendments require a two-thirds majority vote in both the House and Senate
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. The first method, which has been used for all 27 amendments so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in each chamber must vote in favour of the proposed amendment. It is important to note that this is not a vote of the entire membership of each house, but only of those present, assuming a quorum is met.
The two-thirds majority vote in both houses is required to propose a constitutional amendment, and it is one of the mechanisms to ensure a supermajority for significant changes. This process bypasses the President, as the joint resolution does not require their signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
Once an amendment is proposed by Congress, the Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register. The proposed amendment is then submitted to the states for their consideration, and each state's governor formally submits it to their state legislature. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).
It is worth noting that, historically, some state legislatures have not waited for official notification before taking action on a proposed amendment. When a state ratifies an amendment, it sends an original or certified copy of the state's action to the Archivist, who then forwards it to the Director of the Federal Register for examination and custody. The Director of the Federal Register plays a crucial role in this process, ensuring the legal sufficiency and authenticity of the ratification documents.
In summary, the requirement for a two-thirds majority vote in both the House and the Senate is a crucial step in the process of amending the Constitution. It ensures that any changes made to this foundational document reflect the consensus of a supermajority in both chambers of Congress. The subsequent ratification process, overseen by the Archivist of the United States and the Director of the Federal Register, further guarantees that amendments are adopted with careful consideration and broad support across the states.
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The President does not have a constitutional role in the amendment process
The process of amending the Constitution is outlined in 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 responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The original document is sent directly to NARA's Office of the Federal Register (OFR) for processing and publication, bypassing the President.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also prepare 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 other relevant information. This process does not involve the President.
When the OFR receives 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. While the President may be present as a witness during the signing of the certification, their signature is not required for the amendment to be ratified.
In summary, while there have been instances of Presidents signing amendments as witnesses, their involvement is not constitutionally mandated or required for the amendment process. The President does not have a formal constitutional role in proposing, ratifying, or adopting amendments to the Constitution.
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Amendments can be appended to the Constitution without altering the existing text
Amendments can be appended to a constitution without altering the existing text. This is done through supplemental additions, or codicils, which are added to the end of the main text in the form of special articles of amendment. The United States Constitution, for example, has utilised this method of amendment, where the original text is left intact, but the doctrine of implied repeal is applied. This means that in the event of conflict, an article of amendment will generally take precedence over the provisions of the original text or an earlier amendment.
The process of amending a constitution varies across jurisdictions. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. Amendments are 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. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist notifies the states' governors, who then submit the amendment to their state legislatures or state conventions. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist.
After receiving the required number of authenticated ratification documents, the OFR 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.
It is worth noting that the view that Article V is the only legitimate process for constitutional change has been challenged by judicial decisions that have introduced new interpretations of constitutional language. Additionally, constitutional institutions have evolved independently, taking forms that may differ from the intentions of the Founding Fathers.
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A referendum to amend the Constitution may be triggered by popular initiative
In the United States, the Constitution may be amended through two methods outlined in Article V. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method entails a constitutional convention called for by two-thirds of the state legislatures. Notably, all amendments to the Constitution thus far have been proposed by Congress rather than through a constitutional convention.
While the President does not have a constitutional role in the amendment process, citizens can play a direct role in amending the Constitution through initiatives and referendums, which are mechanisms of direct democracy. Initiatives enable citizens or organizations to gather a predetermined number of signatures to place a measure on a ballot for a future election. This can be used to propose new laws or amend existing ones, including constitutional amendments.
Referendums, also known as popular referendums or citizen referendums, allow citizens to put legislation to a vote or directly pass it through a citizen vote. In the context of amending the Constitution, a referendum may be triggered by a popular initiative, where citizens gather enough signatures to qualify a ballot measure for voting on a specific amendment. This process empowers citizens to initiate changes to the Constitution and ensures that the legislation reflects the will of the people.
Twenty-six US states have initiative and/or veto referendum processes at the statewide level, and 23 states allow citizens to initiate popular referendums. The specific processes and requirements for initiatives and referendums vary from state to state, reflecting the principle of federalism. For instance, some states may require additional rounds of signatures if the legislature does not initially approve the proposed amendment.
By utilizing initiatives and referendums, citizens can directly influence the legislative process and drive changes to the Constitution. This empowers individuals to propose and enact laws that align with their values and address issues they deem important, such as constitutional amendments, tax changes, social issues, and voting rights. However, it's important to note that the implementation of initiatives and referendums may be subject to varying regulations and historical voting restrictions that can impact their effectiveness in representing the entire public's will.
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The Archivist of the U.S. is responsible for administering the ratification process
The Archivist of the United States is responsible for administering the ratification process of amendments to the Constitution. The authority to amend the Constitution is derived from Article V of the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), is charged with this responsibility under the provisions of 1 U.S.C. 106b.
The process begins when Congress proposes an amendment in the form of a joint resolution. The original document is then forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format. It also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
The Archivist then 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 formally submit the amendment to their State legislatures, and 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).
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 in order, the Director acknowledges receipt and maintains custody of them.
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 and serves as official notice to Congress and the Nation that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often 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 of the document.
The process of amending a constitution varies depending on the country and the constitution in question. In the United States, 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 as soon as it is ratified by three-fourths of the States (38 out of 50). In Austria, a constitutional amendment requires a two-thirds majority in the Federal Council, and in some cases, a referendum. The Swedish Constitution requires two identical decisions by the Riksdag, separated by a general election, with at least nine months between the first submission of the amendment proposal and the election.
Yes, it is possible to remove or amend an existing amendment in a constitution. However, the process for doing so would typically follow the same procedure as adding a new amendment, which can be a lengthy and challenging process.
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