Amending The Constitution: A Step-By-Step Guide

Amending a constitution is a complex process that varies across nations. In the United States, the Constitution has been amended only 27 times since 1787, indicating the difficulty of the process. Article V of the Constitution outlines two methods for proposing amendments: the first requires a two-thirds majority vote in both the House and the Senate, while the second involves calling a constitutional convention at the request of two-thirds of the states. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. Other countries, like Australia, Ireland, South Africa, and Brazil, have their own unique procedures and requirements for constitutional amendments, which may include approval by the legislature, the National Assembly, or the electorate.

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Amendments proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. Amending the Constitution is, therefore, a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787.

Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is derived from Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's 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.

The Archivist of the United States, who heads the National Archives and Records Administration (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 Governor along with the informational material prepared by the OFR.

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). The OFR verifies that it has received the required number of authenticated ratification documents, then 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 the Congress and the Nation that the amendment process has been completed.

Amendments proposed by a constitutional convention called for by two-thirds of state legislatures

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.

Amending the Constitution is a difficult task by design, and there are two methods authorized by Article Five of the United States Constitution to propose amendments: through Congress or a constitutional convention.

A constitutional convention can be called for by two-thirds of the State legislatures (34 out of 50). This method has never been used, but it is a way for states to bypass Congress. The convention can propose amendments regardless of Congress's approval. The proposed amendments would then be sent to the states for ratification.

The convention method was an essential part of the original Constitution. The drafters of the Constitution recognized that the congressional proposal method was controlled by the federal government, so they included the convention method, which largely bypasses federal influence. However, the convention method has never been used to amend the Constitution.

Once an amendment is proposed, it becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The Archivist of the United States is responsible for administering the ratification process. The certification of the amendment is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.

Amendments become valid when ratified by three-fourths of the states

The process of amending the United States Constitution is outlined in Article V of the Constitution. After an amendment is proposed, it must be ratified by three-fourths (38 out of 50) of the states to become valid and part of the Constitution. This can be done through state legislatures or ratifying conventions in three-quarters of the states, with Congress deciding the mode of ratification.

Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (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 Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR).

The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines ratification documents for legal sufficiency and authenticity of signatures.

If the documents are in order, the Director acknowledges receipt and maintains custody. Once the OFR verifies that it has received the required number of authenticated ratification documents (38 out of 50), 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.

In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. While the President does not have a constitutional role in the amendment process, they may witness the certification of amendments.

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State constitutions are amended more frequently than the federal Constitution

The United States Constitution was crafted with the intention of enduring for ages. Amending the Constitution is, therefore, a challenging task. Since its inception in 1787, it has been amended only 27 times, with none of the amendments being proposed by a constitutional convention. The process of amending the Constitution begins with Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then ratified by three-fourths of the States (38 out of 50 States). This rigorous process ensures that any changes made to the Constitution are significant and impact the rights of all Americans.

In contrast, state constitutions are amended far more frequently. For instance, Texas has had 491 amendments to its constitution since 1876. In 2022 alone, state constitutions were collectively amended nearly 70 times. The average number of amendments for a state constitution is 115, far exceeding the number of amendments to the federal Constitution. This discrepancy arises primarily because state constitutions cover a broader range of issues and are typically more detailed. They encompass local government structures, education systems, taxation, and civil rights, making them more adaptable to the evolving needs of their citizens.

The amendment processes for state constitutions are also generally less complex than that of the federal Constitution. Many states allow citizens to propose amendments directly through ballot initiatives or petition drives, bypassing the legislative process. In most states, a simple majority vote is sufficient for certain amendments, whereas amending the federal Constitution requires a more stringent two-thirds majority in both chambers of Congress or a constitutional convention. The ease of amending state constitutions enables them to be more responsive to the will of their citizens and accommodate changing societal needs.

State constitutions, therefore, often reflect the unique characteristics and values of their respective states. For example, 27 state constitutions include a version of a Free Elections Clause, mandating free and fair elections, which has no federal equivalent. Similarly, only seven state constitutions explicitly guarantee an environmental right, with voters in several states currently advocating for the inclusion of such provisions. These variations in state constitutions showcase the dynamic nature of state-level governance and its ability to address specific local concerns.

In summary, state constitutions are amended more frequently than the federal Constitution due to their broader scope, less complicated amendment processes, and responsiveness to societal changes. While the federal Constitution sets out enduring principles, state constitutions provide a flexible framework that can be readily adapted to meet the diverse and evolving needs of their citizens.

Citizen-initiated amendments are possible in some states

The ICA process involves proponents of a ballot initiative collecting petition signatures from a certain minimum number of registered voters in a state. The number of signatures required varies by state. Arizona and Oklahoma have the highest bar, requiring 15% of the votes cast in the last gubernatorial election. Massachusetts sets the lowest bar at 3%. Just over half of the states also require signatures to be collected from a certain percentage of registered voters in every state senate district.

In most states, once supporters meet the signature requirements and other legal requirements, the amendment is placed on the ballot, and the legislature cannot block it. However, in Massachusetts, citizen-initiated amendments must secure support from one-fourth of the members of the legislature, sitting in joint session and voting in two consecutive sessions.

In addition to the ICA process, citizens in some states can also call a constitutional convention through the initiative process, bypassing the legislature. This involves approving a convention referendum, which in most states requires a majority legislative vote and in other states requires a supermajority legislative vote. Then, a referendum on calling a convention must be submitted to and approved by a majority of voters.

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