Jonah Patel
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or they can be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, in the United States, the Constitution can be amended through a 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. Once a proposal is made, three-fourths of all states must ratify the amendment for it to become part of the Constitution. The process for amending constitutions varies across different countries and entities, with each having its own specific requirements and procedures.
| 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 proposal | One-fifth of the deputies to the National People's Congress |
| Amendment proposal | One-thirds members of the People's Consultative Assembly |
| Amendment proposal method | Joint resolution |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment ratification | Three-fourths of state legislatures |
| Amendment ratification | Three-fourths of state ratifying conventions |
| Number of amendments | 27 |
| Difficulty of amendment | Very difficult |
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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority vote
- State legislatures can call for a convention with a two-thirds vote
- Amendments are ratified by three-fourths of state legislatures
- Amendments can be appended to the constitution without altering existing text
- Amendments are rare and difficult to pass
Amendments are proposed by Congress with a two-thirds majority vote
The process of amending the Constitution is outlined in 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. This is the only method that has been used so far to propose amendments. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
The Archivist of the United States, who heads 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 Director examines ratification documents for facial legal sufficiency and an authenticating signature. Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution.
The process of amending the Constitution is deliberately difficult and time-consuming. It requires broad consensus and support across the country. The two-thirds majority vote in Congress ensures that any proposed amendment has significant bipartisan support and is not a partisan effort. This supermajority requirement is a special procedure that is more stringent than the process for passing ordinary legislation.
It is worth noting that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. While Article V provides for this method, it has never been utilised. Instead, all amendments have been proposed by Congress with a two-thirds majority vote, demonstrating the importance of this mechanism in the amendment process.
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State legislatures can call for a convention with a two-thirds vote
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution is derived from Article V of the Constitution. 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.
Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. This is done by the state legislatures applying to Congress, which then calls a convention for proposing amendments. This method has never been used. Once a convention is called, an amendment is proposed, and it is sent to 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.
The proposed amendment is then sent to the states for ratification. Three-fourths of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. The states can ratify the amendment through their legislatures or through conventions, depending on what Congress has specified. 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 until an amendment is adopted or fails.
Once an amendment is ratified by enough states, 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 that the amendment process is complete.
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Amendments are ratified by three-fourths of state legislatures
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, with the first 10 amendments being adopted as the Bill of Rights. Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed by Congress, it is submitted to the state legislatures or state conventions, depending on Congress's specification. The proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). This means that after an amendment is proposed, it is sent to the states for approval, and once a sufficient number of states (three-fourths) ratify it, it becomes part of the Constitution.
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 of the duties associated with this process to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register.
The Office of the Federal Register (OFR) examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails. Once the OFR verifies that it has received the required number of authenticated ratification documents (i.e., three-fourths of the states have ratified), 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 then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. It's important to note that Congress determines whether the states must ratify amendments through their legislatures or state conventions, and so far, all amendments have been proposed by Congress and ratified by state legislatures.
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Amendments can be appended to the constitution without altering existing text
The process of amending a constitution is a significant and challenging undertaking. In the case of the United States Constitution, the authority to make amendments stems from Article V of the Constitution itself. Notably, the President does not play a constitutional role in this process. The process of amending the US Constitution has been utilised 27 times since its inception in 1787, including the first 10 amendments, known as the Bill of Rights.
Amendments to a constitution can take two main forms. One approach involves interweaving modifications into the relevant sections of the existing constitution, directly altering the original text. This method is commonly employed and results in explicit changes to the constitutional wording.
However, an alternative method exists, wherein amendments are appended to the constitution as supplemental additions or codicils. This approach, while less common, allows for significant changes to the government's framework without directly altering the existing text of the constitution. This form of amendment has been notably utilised in the United States Constitution and is also employed in several other jurisdictions, such as Venezuela.
The process of appending amendments without altering the existing text offers a unique approach to constitutional changes. While the exact procedure may vary across different nations and constitutions, the underlying concept remains consistent. This method allows for the introduction of new provisions or clarifications that coexist with the original text, rather than modifying it directly.
In the United States, the process of appending amendments typically involves a proposal by Congress, requiring a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon request by two-thirds of the state legislatures. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). This intricate process ensures that any changes to the constitution are thoroughly considered and widely accepted before being implemented.
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Amendments are rare and difficult to pass
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution intended for it to be a difficult document to amend. This intention has proven successful, with the Constitution only being amended 27 times since it was drafted in 1787, making it one of the most difficult constitutions to amend in the world.
The process of amending the Constitution is intricate and time-consuming. Firstly, a proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method for proposing amendments that has been used thus far. The President does not have a constitutional role in this process. Following this, the amendment must be ratified by three-fourths of the state legislatures (38 out of 50 states). This process can be initiated by two-thirds of the state legislatures calling on Congress to propose a constitutional convention, although this has never occurred.
The Constitution also outlines certain subjects that are unamendable. For example, no amendment can deprive a state of its equal suffrage in the Senate without the state's consent.
The difficulty in amending the Constitution has been a cause for concern among some, who argue that it is outdated and in need of renovation. However, others argue that frequent amendments may suggest that the Constitution is flawed and full of errors, which may reduce the public's confidence in the document.
Due to the challenging and lengthy process of amending the Constitution, and the potential consequences of making changes, amendments are rare and difficult to pass.
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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.
The U.S. Constitution can be amended through a 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
A bill amending the Australian Constitution must be passed by both houses of the Parliament of Australia by an absolute majority. If one house passes the bill while the other refuses, the bill can be attempted again. If the second house refuses again, the Governor-General may still submit the proposed change for referendum.
Amendments to the Indian Constitution 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. Amendments are then adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
