Jonah Patel
Amending a constitution is a formal process that varies across jurisdictions. In most cases, amendments are made by revising the existing text of the constitution. This involves deleting portions of the original text and inserting new articles among the existing ones. In some jurisdictions, such as Ireland, Estonia, and Australia, amendments originate as bills and become laws through acts of parliament, but they may also require approval through a referendum. The United States Constitution, for example, 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, two-thirds of state legislatures can request Congress to call a Constitutional Convention to propose amendments. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states. This process ensures that any changes to the constitution are carefully considered and have a broad consensus.
| Characteristics | Values |
|---|---|
| Difficulty of amending | The framers of the US Constitution made it difficult to amend, and it has only been amended 27 times since 1787. |
| Number of amendments required | A two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. |
| Ratification | An amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. |
| Role of President | The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. |
| Role of Archivist | The Archivist of the United States administers the ratification process and has delegated some duties to the Director of the Federal Register. |
| State legislatures | Two-thirds of state legislatures can request Congress to call a Constitutional Convention to propose amendments. |
| Conventions | Conventions can be used to ratify amendments, but Congress determines the method of ratification. |
| Special procedures | Amendments may require supermajorities, direct approval by the electorate in a referendum, or a combination of procedures. |
| Amendment methods | Amendments can be interwoven into existing sections, directly altering the text, or appended as supplemental additions without altering the original text. |
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What You'll Learn
The process of amending the US Constitution
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 a difficult and time-consuming process. The framers made it challenging to ensure the document's longevity. 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.
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Congress proposes an amendment in the form of a joint resolution, which does not require the signature or approval of the President. The original document is then forwarded to the National Archives and Records Administration's (NARA) 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. An information package is also assembled for the States.
A proposed amendment becomes part of the Constitution as soon as it is 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, 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. The signing of the certification has become a ceremonial function attended by various dignitaries, sometimes including the President.
In recent years, supporters of congressional term limits and a balanced budget amendment have not succeeded in getting the new amendments they desired. The idea behind an amendment must be one of major impact, affecting all Americans or securing the rights of citizens. Some recent amendment proposals include outlawing flag burning, crime victims' rights, voluntary school prayer, making English the official language, and abolishing the Electoral College.
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The role of the President in the amendment process
The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
Despite this, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the NARA, is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985.
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). When the OFR verifies that it has received the required number of authenticated ratification documents, 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 and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
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The role of the Archivist of the United States
The process of amending the Constitution of the United States is a complex and lengthy one, and the Archivist of the United States plays a crucial role in this process. The Archivist, as the head and chief administrator of the National Archives and Records Administration (NARA), is responsible for managing the constitutional amendment process and ensuring its smooth execution.
Once Congress proposes an amendment, the Archivist takes charge of administering the ratification process. This involves submitting the proposed amendment to the states for their consideration and ratification. The Archivist communicates with the governors of each state, providing them with the necessary information and documents. The Archivist's role is primarily administrative, following the procedures established by the Secretary of State and the Administrator of General Services.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist. The Archivist then forwards these documents to the Director of the Federal Register for examination and custody. The Archivist does not make substantive determinations regarding the validity of state ratification actions but focuses on the facial legal sufficiency of the ratification documents.
Once the Office of the Federal Register (OFR) verifies that it has received the required number of authenticated ratification documents (ratification by three-fourths of the states or 38 out of 50 states), it drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become an official part of the Constitution. The Archivist's signature on the certification is a ceremonial function, often witnessed by dignitaries, including the President.
The Archivist's role in the constitutional amendment process is significant as it ensures the proper administration and documentation of proposed amendments. The Archivist's certification is final and conclusive, providing official notice to Congress and the nation that the amendment process has been completed. This process was exemplified in the certification of the 27th Amendment by Archivist Don W. Wilson, the first and only Archivist to certify a constitutional amendment to date.
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The ratification process and its requirements
The process of amending the United States Constitution is a complex and challenging endeavour, as the framers intended when they drafted the document in 1787. The Constitution has only been amended 27 times since then, indicating the high bar for implementing changes. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing and ratifying amendments.
The first method involves Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, proposing an amendment in the form of a joint resolution. This resolution does not require the President's signature or approval and 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, although Article V and relevant legislation do not provide detailed instructions for this stage. The Archivist follows established procedures and customs previously overseen by the Secretary of State and the Administrator of General Services.
The second method for proposing amendments has never been utilised. It involves two-thirds of state legislatures requesting Congress to call a Constitutional Convention to propose amendments. This option underscores the framers' intention to empower states in the amendment process.
Regardless of the proposal method, the ratification process requires the approval of three-fourths of the state legislatures or conventions, as determined by Congress. This step ensures that any amendment reflects the consensus across a significant majority of states. Once the required number of authenticated ratification documents is received by NARA, the Archivist certifies the amendment as valid, and it becomes 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.
The ratification process for amending the Constitution is deliberately rigorous and time-consuming. It reflects the framers' vision of a durable and stable framework for the nation. Any proposed amendment must have a significant impact on all Americans or secure the rights of citizens to warrant inclusion in the Constitution. The process ensures that amendments are carefully considered and broadly accepted before becoming part of the nation's foundational document.
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The impact of amendments on federal and state relations
The process of amending the US Constitution is deliberately designed to be challenging. Since the Constitution was written "to endure for ages to come", any amendments must be significant and impact all Americans or secure the rights of citizens. The US Constitution has been amended 27 times since it was drafted in 1787, and none of these amendments have been proposed by a constitutional convention. Instead, all amendments have been proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process ensures that any changes to the Constitution are carefully considered and have the support of a significant portion of both houses of Congress.
Amendments can also be used to expand the power of the federal government or grant new powers to the states. For example, the Seventeenth Amendment changed the way that senators are elected, giving more power to the people of the states and limiting the power of state legislatures. This amendment had a significant impact on federal-state relations by changing the balance of power between the states and the federal government.
In addition to formal amendments, the interpretation of the Constitution by the Supreme Court can also have a significant impact on federal-state relations. The Supreme Court's interpretation of the Constitution can change over time, and this can affect the balance of power between the federal government and the states. For example, the Supreme Court's interpretation of the Commerce Clause has changed over time, and this has affected the ability of the federal government to regulate economic activity within the states.
Overall, the amendment process plays a crucial role in shaping federal-state relations in the United States. The process ensures that any changes to the Constitution are carefully considered and have broad support. Amendments can be used to limit or expand the power of the federal government or the states, and they can also allocate power between them. The interpretation of amendments by the Supreme Court can also shape federal-state relations, as the Court's interpretation of the Constitution can change over time.
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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 can directly alter the text of the constitution by interweaving into the relevant sections or they can be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text.
The authority to amend the US Constitution comes from Article V of the Constitution. The process of amending the Constitution involves two steps. First, the amendment must be proposed, and second, it must be ratified. An amendment can be proposed either 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 an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50).
The US Constitution has been amended 27 times since it was drafted in 1787. This includes the first 10 amendments, which were adopted four years later as the Bill of Rights. Some recent proposals for amendments include outlawing flag burning, crime victims' rights amendment, voluntary school prayer, and making English the country's official language.
Amending the Constitution is a difficult and time-consuming process. The framers of the Constitution intentionally made it challenging to ensure its longevity. As a result, only a limited number of amendments have been successful. In addition, there may be ambiguity in whether an amendment is intended to supersede or supplement an existing article in the text.
There are formal differences in how constitutional amendments are drafted and written down once they become law across different jurisdictions. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In other cases, like the United States, a proposed amendment takes the form of a special joint resolution of Congress that does not require the President's signature or approval.
