Amending Rigid Constitutions: A Dynamic Process

A rigid constitution can be amended through a special procedure that is often more stringent than the process for passing ordinary legislation. In the case of the United States Constitution, Article V outlines the process for amending the document, which has been amended only 27 times since it was drafted in 1787. The process involves a proposed amendment being passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. An alternative method, which has never been used, is for two-thirds of the state legislatures to request a Constitutional Convention to propose amendments. Other countries, such as Ireland, Estonia, and Australia, have different processes for amending their constitutions, which may involve acts of parliament and referendums.

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Amendments to the US Constitution

The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it difficult to amend. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, adopted in 1791 as the Bill of Rights.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states. This can be initiated by Congress, proposing an amendment in the form of a joint resolution, or by a constitutional convention called for by two-thirds of state legislatures.

The amendment process is time-consuming and challenging. A proposed amendment must gain significant support in Congress and then be ratified by a substantial number of states. This ensures that any changes made to the Constitution are carefully considered and broadly accepted.

The process of amending the Constitution has remained consistent since its establishment. The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978.

Amendments to the Constitution have covered a range of topics, including voting rights, prohibition, and citizenship. The process ensures that any changes made are significant and have a broad impact on the nation and its citizens.

Ratification by three-fourths of states

The process of amending a rigid constitution, such as the United States Constitution, is indeed challenging and time-consuming. The framers of the US Constitution deliberately made it difficult to amend, ensuring its longevity and relevance for future generations.

One critical step in the amendment process is ratification by three-fourths of the states, also known as the state legislatures. This means that for an amendment to become part of the Constitution, it must be ratified by the legislatures of at least 38 out of 50 states. This requirement is derived from Article V of the US Constitution, which outlines the procedures for amending the document.

The ratification process is managed by the Archivist of the United States, who leads the National Archives and Records Administration (NARA). The Archivist works closely with the Director of the Federal Register, following established procedures and customs. Once an amendment is proposed by Congress, the Archivist and Director play a crucial role in facilitating the ratification process.

To achieve ratification by three-fourths of the states, the proposed amendment must gain the approval of the state legislatures in the required number of states. This process ensures that any changes to the Constitution reflect the consensus of a significant majority of states, underscoring the importance of broad support for constitutional amendments.

The ratification process is not merely a numerical threshold but also carries significant procedural and ceremonial weight. Once the required number of authenticated ratification documents is received by NARA's Office of the Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify. This certification confirms that the amendment is valid and has officially become part of the Constitution. The certification ceremony is often attended by dignitaries, including the President, underscoring the importance and solemnity of the amendment's adoption.

Congress proposes an amendment

The process of amending a rigid constitution, such as that of the United States, is deliberately designed to be challenging and time-consuming. This is to ensure that any changes made are thoughtful and necessary, enduring for ages to come.

For an amendment to be proposed by Congress, a two-thirds majority vote is required in both the House of Representatives and the Senate. This is a high threshold, ensuring that amendments are only passed with significant support and consensus. Once this joint resolution is passed, 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 plays a crucial role in the process, adding legislative history notes to the joint resolution, publishing it in slip law format, and creating an information package for the states.

The proposed amendment is then submitted to the states for their consideration. The Archivist of the United States, who heads NARA, sends a letter of notification to each state governor, along with the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures. At this stage, some states may choose to ratify the amendment, sending an original or certified copy of their action to the Archivist, who delegates many of these duties to the Director of the Federal Register.

For the amendment to become part of the Constitution, it 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 that the amendment process is complete. This final stage is often attended by dignitaries, including the President, who may witness the signing of the certification.

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Special procedures for amendments

Amending a rigid constitution often requires a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures vary across jurisdictions. Here are some examples:

Supermajorities in the Legislature

Some countries, such as South Africa, require a supermajority in the legislature to amend their constitution. In South Africa, a bill amending the Constitution must be passed by an absolute two-thirds supermajority in the National Assembly (lower house). Similarly, in Estonia, a two-thirds majority in two successive parliamentary terms is required, along with a referendum for certain chapters. Finland also requires approval by a majority of Parliament, followed by a two-thirds supermajority after a parliamentary election.

Combination of Procedures

Certain jurisdictions, such as Australia and Switzerland, require a combination of special procedures. In Australia, a majority of voters in a majority of states is required, in addition to the passage of the amendment by the legislature. This involves a more complex set of criteria than in Ireland, where a simple majority of voters is sufficient.

Constitutional Convention

In the United States, while amendments are typically proposed by Congress with a two-thirds majority in both houses, an alternative procedure exists. A constitutional convention can be called if two-thirds of the state legislatures request it. However, this method has never been used for any of the 27 amendments made to the US Constitution.

National Assembly and Provincial Legislatures

In some countries, a proposed amendment must go through multiple legislative bodies. For example, in South Africa, a constitutional amendment bill must be introduced in the National Assembly and, if applicable, the National Council of Provinces (NCOP). The bill must be published for public comment and submitted to the provincial legislatures at least 30 days before its introduction in the National Assembly.

Great National Assembly

Bulgaria has a unique process for amending its constitution. For certain amendments, such as changing international borders or the form of government, a Great National Assembly is elected. This assembly consists of 400 deputies, with 200 elected by proportional vote and the remaining 200 by the first-past-the-post method. The amendments are then passed by a two-thirds majority in three successive readings.

Constitutional conventions

The process of amending a constitution is generally designed to be difficult and time-consuming. In the US, the Constitution has been amended only 27 times since 1787, and amendments must have a significant impact on or secure the rights of citizens. The authority to amend the US Constitution is derived from Article V, which sets out the procedures for doing so.

A constitutional convention, as outlined in Article V, allows states to bypass Congress and propose amendments directly. This method has never been used, but it provides an alternative route for states to initiate changes to the Constitution. Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified by three-fourths of the states to become part of the Constitution.

The process of amending a constitution varies across different jurisdictions. For example, in South Africa, a constitutional amendment bill must be introduced in the National Assembly and published for public comment at least 30 days beforehand. It must also be submitted to the provincial legislatures and, if necessary, the National Council of Provinces (NCOP) for debate. Amendments affecting the NCOP or specific provinces require a supermajority of at least six out of nine provinces. In Ethiopia, the Constitution 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.

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