Omar Bennett
Amendments to a constitution are modifications to the constitution of a polity, organization, or other type of entity. There are differences in the way amendments are drafted and written down once they become law. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or they can be appended as supplemental additions. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. The authority to amend a constitution may be derived from a specific article or section of the constitution, such as Article V in the case of the United States Constitution. The process for amending a constitution can vary and may involve proposals by a legislature or a constitutional convention, followed by ratification by a certain majority of states or regions.
| Characteristics | Values |
|---|---|
| Number of times the Constitution has been amended | 27 |
| First 10 amendments | Adopted as the Bill of Rights |
| Amendment process | Very difficult and time-consuming |
| Amendment proposal | 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 |
| Amendment ratification | By three-fourths of the States |
| Amendment certification | By an official of the federal government, such as the Secretary of State, the Administrator of General Services, or the Archivist of the United States |
| Amendment recording | As interwoven sections of the existing constitution or as supplemental additions (codicils) |
| Amendment procedures | Special procedures, such as supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both |
| Examples of constitutions requiring legislative passage before submission to the people | Australia, Ireland, and Switzerland |
| Examples of exacting special procedures resulting in few or no passed amendments | Australia (8 out of 44 proposed amendments) and Japan (none out of 0 proposed amendments) |
| Example of a constitution amended a large number of times | Former constitution of the U.S. state of Alabama (amended 977 times between 1901 and 2022) |
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What You'll Learn
Amendments are interwoven into existing sections
Amendments to a constitution can be made by directly altering the text of the existing document. This is done by interweaving the changes into the relevant sections. This method is in contrast to appending the amendment as a supplemental addition (codicil), which does not change the original text.
The process of amending a constitution varies across jurisdictions. In some, such as Ireland, Estonia, and Australia, amendments originate as bills and become law through an Act of Parliament. However, they may still require approval through a referendum. In the United States, amendments are proposed as a joint resolution of Congress, which does not require the President's signature or approval.
The authority to amend the US Constitution comes 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. Once proposed, the Archivist of the United States administers the ratification process. An amendment becomes official once ratified by three-fourths of the states (38 out of 50).
The process of amending a constitution is generally more stringent than passing ordinary legislation. For example, in Australia, a complex set of criteria must be met, requiring a majority of voters in a majority of states. In contrast, the former constitution of Alabama was amended 977 times between 1901 and 2022.
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Amendments are appended as supplemental additions
Amendments to a constitution are changes or modifications to the original document. They can be made for a variety of reasons, such as to secure the rights of citizens, or to address an issue of major impact affecting the population. The process of amending a constitution varies across jurisdictions, with some requiring a simple majority vote, while others demand more stringent procedures, such as supermajorities in the legislature or direct approval by the electorate through a referendum.
In the case of the United States Constitution, amendments are 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. Once proposed, an amendment becomes an official Article of the Constitution when it is ratified by three-fourths of the states. This process is facilitated by the Archivist of the United States, who is responsible for administering the ratification process.
While the US Constitution has been amended 27 times since 1787, the process is deliberately challenging and time-consuming. This is evident in the fact that none of the 27 amendments have been proposed by a constitutional convention. The amendments are not physically interwoven into the original document but are instead appended as supplemental additions, leaving the existing text unaltered. This method of amending a constitution without directly changing its original text is also seen in the postwar 1949 German constitution, which contrasts with the more flexible interpretation of "amendment" in the 1919 Weimar Constitution.
The process of appending amendments as supplemental additions ensures that the original text of the constitution remains intact. This approach allows for changes to be made to the government framework without altering the foundational principles outlined in the original document. By treating amendments as additions, the integrity of the constitution is preserved, and a clear record of historical changes is maintained.
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Amendments require special procedures
Amendments to a constitution require special procedures that are often more stringent than the process for passing ordinary legislation. The procedures can vary across different jurisdictions. For example, in Ireland and Australia, amendments are drafted in the form of Acts of Parliament but must be approved in a referendum before they can become law. In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or approval.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The amendment process is initiated by Congress, which proposes an amendment 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 to propose amendments. Once proposed, an amendment becomes an official Article of the Constitution when it is ratified by three-fourths of the States (38 out of 50 States).
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Some constitutions have even more exacting requirements for amendments. For example, the Constitution of Ethiopia 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. Additionally, certain chapters and articles of the Ethiopian constitution are almost unamendable, requiring total consensus from the federal regional states and two-thirds of each house of Parliament.
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Amendments are proposed by Congress
Amendments to the US Constitution are proposed by Congress 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 does not require the President's signature or approval. The joint resolution is then forwarded directly to the 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 and copies of the joint resolution in slip law format.
Once Congress has proposed 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 procedures and customs followed by the Director of the Federal Register are established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
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. The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
A proposed amendment becomes an official Article of the Constitution once it is ratified by three-fourths of the States (38 out of 50 States). The Article usually goes into force at this time, although there may be a delay in some cases. The certification document lists the States that ratified the Amendment and is used by the federal government to keep an official record and archive of the Amendment. This certification does not have any legal effect on the Amendment.
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Amendments are certified by the Archivist of the United States
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later. The process of amending the Constitution involves proposing an amendment, ratification, and certification by the Archivist of the United States.
The Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, so the joint resolution does not require their signature or approval. Once proposed, the amendment is sent to the states for ratification.
For an amendment to be ratified, it must be approved by the legislatures of three-fourths of the states (38 out of 50 states). This can be done through the state legislatures or by calling for a convention, as specified 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.
The Archivist of the United States is responsible for certifying that the amendment is valid and has become part of the Constitution. This certification is done through a formal proclamation published in the Federal Register and the U.S. Statutes at Large. The certification serves as official notice to Congress and the nation that the amendment process is complete. The certification document typically includes a list of the states that ratified the amendment. It is important to note that the certification has no legal effect on the amendment itself and is solely for record-keeping purposes.
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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 woven into the relevant sections of an existing constitution, directly altering the text.
Amendments are arranged in the US Constitution through a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposal is then ratified by three-fourths of the States, after which it becomes an official Article of the Constitution.
The process of amending a constitution varies across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, amendments originate as bills and become laws through acts of parliament. In contrast, the United States employs a joint resolution of Congress that does not require the President's signature or approval.
