Simone Lawson
Documenting constitutional amendments is a meticulous process that varies across jurisdictions. Amendments are modifications to a constitution, interwoven into relevant sections or appended as supplements. Most constitutions require stringent procedures for amendments, such as supermajorities or referendums. In the United States, amendments are proposed by Congress with a two-thirds majority in both houses or by a constitutional convention called by two-thirds of state legislatures. The process is managed by the Archivist of the United States, who delegates duties to the Director of the Federal Register. The amendment is ratified when three-fourths of the states approve, becoming official with a proclamation by the Archivist. Other nations like Indonesia and Japan have different amendment processes outlined in their constitutions. Understanding these processes is crucial for accurately documenting constitutional changes over time.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Authority to amend the US Constitution | Article V of the Constitution |
| Body responsible for proposing amendments | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative body responsible for proposing amendments | Constitutional convention called for by two-thirds of State legislatures |
| Body responsible for administering the ratification process | Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Body responsible for drafting a formal proclamation certifying the validity of an amendment | OFR (Office of the Federal Register) |
| Number of states required to ratify an amendment | 38 of 50 (three-fourths) |
| Example of a country with a different amendment process | Indonesia: one-third of members of the People's Consultative Assembly must submit a proposal, and two-thirds must be present for a simple majority vote |
| Example of a referendum-based amendment process | Turkey: all 21 amendments as of July 2018 were passed by the people through a 2017 constitutional referendum |
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What You'll Learn
Understanding the authority to amend a constitution
In the United States, the authority to amend the Constitution is derived from 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, or by a constitutional convention called for by two-thirds of the State legislatures. Notably, none of the 27 amendments to the US Constitution have been proposed by a constitutional convention. Once proposed, the amendment is forwarded to the Office of the Federal Register (OFR) for processing and publication, where legislative history notes are added. The OFR also prepares an information package for the States. An amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50). The OFR then drafts a formal proclamation for the Archivist to certify the amendment, which is published in the Federal Register and U.S. Statutes at Large, serving as official notice of the completed amendment process.
Other countries, such as Ireland, Estonia, and Australia, have different procedures. In these jurisdictions, amendments often originate as bills and become laws through acts of parliament. However, a special procedure is typically required, such as a referendum, for the amendment to come into force. For example, in Australia, a majority of voters in a majority of states is necessary for an amendment to pass. In contrast, in the US, the President does not have a role in the amendment process, and there is no requirement for a referendum.
The process for amending a constitution can vary significantly across jurisdictions. For instance, the former constitution of the US state of Alabama was amended 977 times between 1901 and 2022, while in Japan, none of the proposed amendments have been passed over several decades due to exacting special procedures. In Turkey, the constitution was amended 21 times through a single constitutional referendum in 2017, which was controversial due to its impact on presidential tenure and allegations of electoral misconduct.
Overall, understanding the authority to amend a constitution requires examining the specific procedures, thresholds, and requirements outlined in the constitution and applicable laws. The amendment process can vary from country to country, and it often involves a combination of legislative and democratic mechanisms to ensure the validity and legitimacy of constitutional changes.
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Proposal methods
The proposal methods for documenting constitution amendments vary across different countries and political systems. Here are some common methods:
United States
The Constitution of the United States outlines two methods for proposing amendments, as per Article V:
- Congressional Proposal: The Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, proposes an amendment. This proposal is then sent to the states for potential ratification.
- Constitutional Convention: Two-thirds of State legislatures call for a convention to propose amendments. This method has never been used for any of the 27 amendments to the US Constitution.
The President does not play a role in the amendment proposal process, and the joint resolution does not require their signature or approval.
Indonesia
The Constitution of Indonesia, under Article 37 of "Chapter XVI: Constitutional Amendments," outlines the following proposal method:
People's Consultative Assembly: One-third of the members of the People's Consultative Assembly must submit the proposal. Two-thirds of the members must be present, and a simple majority of the entire assembly is required to approve the amendment.
Japan
The Japanese Constitution, under Article 96 of "Chapter IX: Amendments," outlines the following proposal method:
Diet Proposal: Amendments are initiated by the Diet, with a concurring vote of two-thirds or more of all members of each House. The proposal is then submitted to the people for ratification through a special referendum.
Turkey
The Turkish Constitution has been amended 21 times as of July 2018, with all amendments passed through a constitutional referendum in 2017.
Referendums and Popular Initiatives
In some jurisdictions, a referendum to amend the constitution can be triggered by popular initiative. Amendments may require direct approval by the electorate in a referendum, which can be a combination of different special procedures.
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Ratification processes
The process of ratifying amendments typically involves either legislative approval or conventions. In the United States, the ratification process is outlined in Article V of the Constitution, which specifies two methods for ratifying amendments. The first and most common method requires legislative approval of three-fourths of the states (38 out of 50 states). This approach emphasises the role of state governments in national decision-making and ensures that amendments reflect a broad consensus.
The second method, which has been used only once for the ratification of the 21st Amendment, involves conventions in three-fourths of the states. This method allows for a more direct form of democratic participation and is used when such participation is deemed necessary. Both methods require a consensus among the states, highlighting the importance of widespread agreement in constitutional amendments.
The mode of ratification is determined by Congress, and it is important to note that a vote by the electorate is not applicable to the ratification of a constitutional amendment. While Article V does not mention a time limit for ratification, Congress has attached a time limit to the ratification of all proposed amendments since the 20th Amendment.
Once an amendment is ratified, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs. When the required number of authenticated ratification documents is received, a formal proclamation is drafted 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 summary, the ratification process for constitutional amendments involves either legislative approval or conventions, with the specific method determined by Congress. The Archivist of the United States plays a crucial role in administering the ratification process and certifying the validity of amendments, ensuring that any changes to the Constitution have broad support and reflect the will of the people.
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Official certification
In the United States, the authority to amend the Constitution is derived from Article V. After an amendment is proposed by Congress, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process. The Archivist works in conjunction with the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and authenticating signatures.
Once the required number of state ratifications is received, the Archivist issues a certificate proclaiming that the amendment has been duly ratified and has become an official part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed. The certification document typically includes a list of the states that ratified the amendment.
The signing of the certification has, in recent times, become a ceremonial event witnessed by various dignitaries, including the President on some occasions. This official certification is a critical milestone, marking the completion of the amendment process and the integration of the proposed changes into the Constitution.
It is worth noting that while the process described above pertains to the United States Constitution, other nations and entities may have their own unique procedures for officially certifying constitutional amendments. These procedures are generally designed to ensure the legitimacy and transparency of the amendment process, contributing to the overall integrity of the governing document.
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Preservation and record-keeping
Official Records and Archiving:
The process of preserving and recording constitutional amendments begins with the creation of official records. In the United States, for example, the National Archives and Records Administration (NARA) plays a crucial role. After an amendment is proposed by Congress, the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist works closely with the Director of the Federal Register, who maintains custody of important documents.
Verification and Certification:
Before an amendment becomes an official part of the Constitution, the Office of the Federal Register (OFR) verifies the required number of authenticated ratification documents. This verification process ensures that the amendment has met the necessary requirements for ratification. Once verified, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is a formal proclamation, published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
Record Maintenance and Transfer:
The OFR retains the ratification documents until an amendment is adopted or fails. During this period, the records are carefully preserved and stored securely. Once the amendment process is concluded, the OFR transfers the records to the National Archives for long-term preservation. This transfer ensures that the historical documentation of the amendment process is maintained and accessible for future reference.
Official Article and Implementation:
A proposed amendment becomes an official Article of the Constitution when ratified by the required number of states. This ratification process is meticulously recorded, with the certification document listing the states that ratified the amendment. While the certification itself does not have legal effect on the amendment, it serves as an official record for the federal government. The Article typically goes into force immediately upon ratification, although there may be exceptions where a delay is specified.
Historical Context and Accessibility:
Preserving and recording constitutional amendments also involves maintaining the historical context and accessibility of these changes. The National Archives, for instance, not only preserves the documents but also provides public access to them. This accessibility ensures that citizens, scholars, and legal professionals can review the amendments and their associated records, fostering a deeper understanding of the nation's constitutional evolution.
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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 be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document.
The process of amending a constitution varies across different countries. In the United States, an amendment may be proposed by Congress 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 state legislatures. Once ratified, the amendment becomes an official part of the Constitution.
The US constitutional amendment process involves Congress, the Archivist of the United States, the Director of the Federal Register, and the states. Congress proposes the amendment, while the Archivist and Director administer the ratification process. The states participate by ratifying the proposed amendment through their legislatures.
The requirements for a valid constitutional amendment vary by country and legal framework. In the US, a proposed amendment must be passed by a two-thirds majority in both houses of Congress. Then, it must be ratified by three-fourths of the state legislatures, with each state following its own legislative process. Once the required number of state ratifications is reached, the Archivist certifies the amendment as valid.
Yes, an alternative process to propose a constitutional amendment in the US is through a constitutional convention. This process can be initiated if two-thirds of the state legislatures request Congress to call for a convention. However, in the history of US constitutional amendments, all amendments have been proposed by Congress, and no constitutional convention has been convened for this purpose.
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