The Challenge Of Changing Our Constitution

The process of amending a constitution varies across different countries and states. In the United States, the Constitution has been amended 27 times since it was drafted in 1787, with amendments requiring a two-thirds majority vote in both the House of Representatives and the Senate. Following this, an amendment must be ratified by three-quarters of the states (38 out of 50). In contrast, other countries such as Ireland and Australia require amendments to be passed by a simple majority of voters, while Australia also mandates that a majority of voters in a majority of states is necessary. Some states in the US, like Tennessee, require amendments to be approved by a majority of voters in the entire election. The path to amending a constitution can be complex and time-consuming, as evidenced by the varying requirements and procedures outlined above.

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Two-thirds majority in both houses of Congress

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process involves two steps: proposing an amendment and subsequent ratification.

The first step in amending the Constitution is for Congress to propose an amendment. This requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least two-thirds of the members of both the House and the Senate must vote in favour of the proposed amendment for it to move forward. This is a significant hurdle, as it requires a supermajority in both chambers, which is more than a simple majority.

The two-thirds majority requirement in both houses of Congress ensures that any proposed amendment has broad support and consensus. It also helps to protect the stability and integrity of the Constitution by making it a challenging and deliberate process to make any changes. This step is crucial because it sets the stage for the potential alteration of the nation's foundational document.

Once an amendment is proposed by Congress, it is then sent to the states for ratification. This is where the second part of the two-thirds requirement comes into play. The proposed amendment must be ratified by either three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states. This means that out of the 50 states, 38 must approve the amendment for it to become part of the Constitution.

The process of amending the Constitution is deliberately challenging, as it was designed to ensure that any changes made to the nation's foundational document are carefully considered and widely supported. The two-thirds majority requirement in both houses of Congress is a crucial step in this process, serving as a check to ensure that any proposed amendment has the necessary consensus before moving forward.

Ratification by three-fourths of the states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. After an amendment is proposed by Congress, it must be ratified to become part of the Constitution. This can be done in two ways: through ratification by the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states.

To propose an amendment, Congress must pass a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. The joint resolution is then sent directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and assembles an information package for the states, which includes formal copies of the joint resolution and the statutory procedure for ratification.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with the informational material prepared by the OFR.

Once an amendment is ratified by the legislatures or conventions of three-fourths of the states (currently 38 out of 50 states), it becomes an operative part of the Constitution. The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.

State-level requirements for legislatures

State legislatures are responsible for generating more than 80% of the constitutional amendments considered and approved across the United States each year. While the requirements for legislatures to craft amendments vary from state to state, there are some common patterns.

Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. For instance, Arizona and Oklahoma have the highest bar, requiring amendment supporters to collect signatures equal to 15% of the votes cast in the previous gubernatorial election. In contrast, Massachusetts has the lowest threshold, with supporters needing to obtain signatures from just 3% of the votes in the last gubernatorial election.

The simplest way to get legislative approval for amendments is to allow them to be approved by a majority vote in a single session, which is possible in 10 states. Twenty-five states, on the other hand, require a higher threshold, with 9 seeking a three-fifths vote and 16 requiring a two-thirds vote.

Some states, like Tennessee, allow for two methods of proposing amendments: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum. With the legislative method, the Tennessee General Assembly passes a resolution calling for an amendment and stating its wording. This must pass three separate readings on three separate days, with an absolute majority on all readings.

In contrast, Ireland's constitution requires that all amendments be passed by a simple majority of those voting at the electorate, while Australia and Switzerland demand a majority of voters in a majority of states.

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Citizen-initiated amendments

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While Congress typically proposes amendments, citizens can also initiate amendments through a process called a constitutional convention. This process involves gathering a sufficient number of signatures to trigger a vote on the proposed amendment.

The process typically involves several steps:

• Signature Collection: Supporters of the amendment must collect a certain number of signatures to qualify the initiative for the ballot. The number of signatures required varies by state, with some states setting a higher bar than others. For example, Arizona and Oklahoma require signatures from 15% of voters in the last gubernatorial election, while Massachusetts has the lowest threshold at 3%. Some states also have geographic distribution requirements, such as collecting signatures from a certain percentage of registered voters in each state senate district.
• Ballot Placement: Once the required number of signatures is met, the amendment is placed on the ballot for the next election. In most states, legislators cannot block a citizen-initiated amendment from appearing on the ballot, ensuring that citizens have the final say.
• Voter Approval: For the amendment to become part of the constitution, it must be approved by a majority of voters. The specific rules for voter approval vary across states. Some states, like Hawaii, Minnesota, Tennessee, and Wyoming, require approval from a majority of voters in the entire election, while others set different thresholds.
• Ratification: After voter approval, the amendment undergoes a ratification process. This typically involves the state's legislative body and other official procedures to certify that the amendment complies with all legal requirements. The specific ratification process can differ across states.

The role of the President

The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, they have played a ceremonial role in the signing of amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. In addition, the President has a role in implementing any changes to the Constitution that are made as a result of an amendment.

While the President does not have a direct role in proposing or ratifying amendments, they can influence the process indirectly through their public statements and political influence. For example, a President may endorse a particular amendment or use their bully pulpit to advocate for its passage. Additionally, the President can sign a proposed amendment as a symbolic gesture of support, even though it is not legally necessary.

In some cases, the President may also have a role in interpreting and implementing the changes made by a constitutional amendment. If an amendment affects the powers or responsibilities of the executive branch, the President may need to issue executive orders or take other administrative actions to ensure that the amendment is properly implemented.

Overall, while the President does not have a formal role in proposing or ratifying constitutional amendments, they can have an important influence on the process and may have responsibilities related to implementing the changes made by an amendment. The President's role in the amendment process is primarily ceremonial and symbolic, reflecting the importance and solemnity of amending the Constitution.

Amending the US Constitution is a complex and lengthy process. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. To date, all amendments have been proposed by Congress, with none proposed by a constitutional convention. Once an amendment is proposed, it must be ratified by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states. This process ensures that any changes to the Constitution reflect the consensus of a supermajority of both Congress and the states.

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