Simone Lawson
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. 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 has been amended only 27 times since it was drafted in 1787. The process is designed to be difficult and time-consuming, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. In other countries, such as Australia and Ireland, amendments must first be passed by the legislature before being submitted to the people for approval. The process of making a constitutional amendment varies depending on the country and its specific laws and procedures.
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What You'll Learn
- Amendments must have a major impact on the country or secure citizens' rights
- Amendments are proposed by Congress with a two-thirds majority vote
- Two-thirds of state legislatures can ask Congress to call a Constitutional Convention
- A proposed amendment becomes part of the Constitution when ratified by 38 states
- The Archivist certifies the amendment and publishes it in the Federal Register
Amendments must have a major impact on the country or secure citizens' rights
Amending a country's constitution is a significant and challenging undertaking, as it should be, given its foundational importance. The process is deliberately designed to be difficult and time-consuming, ensuring that any changes made are thoroughly considered and widely supported.
For an amendment to be proposed in the United States, it must first be passed by a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request a Constitutional Convention to propose an amendment, although this has never happened. The President does not have a role in this process.
Once an amendment is proposed, it must be ratified. In the US, this means that three-quarters of the states (38 out of 50) must approve it. This can be done through their state legislatures or by calling for a convention. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
Not just any idea deserves an amendment. Instead, the proposal should have a significant impact on the country or secure the rights of citizens. For example, the US Constitution has been amended to give women the right to vote, abolish poll taxes, and lower the minimum voting age. Other proposed amendments include outlawing flag burning, allowing voluntary school prayer, making English the official language, and abolishing the Electoral College.
The amendment process varies across countries. For instance, in Australia and Ireland, amendments must first be passed by the legislature and then submitted to the people for approval. Switzerland has a similar procedure to Australia, while Japan has not passed any amendments in several decades due to its exacting standards.
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Amendments are proposed by Congress with a two-thirds majority vote
Amending the Constitution is a challenging and time-consuming process. The framers of the Constitution intended for it to be this way, writing it "to endure for ages to come". Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a significant hurdle, as it requires broad bipartisan support for an amendment to even be considered.
Once an amendment is proposed by Congress, it is forwarded directly 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. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
After an amendment is proposed, it must be ratified. This can be done in two ways. The first is through the state legislatures, where three-fourths of the states (38 out of 50) must ratify the amendment. The second method is through a constitutional convention called for by two-thirds of the state legislatures. However, this method has never been used to propose an amendment.
Once an amendment is ratified, 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 serves as official notice that the amendment process is complete. The signing of this certification has become a ceremonial function attended by various dignitaries, including the President.
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Two-thirds of state legislatures can ask Congress to call a Constitutional Convention
The United States Constitution was designed to be a durable document that would "endure for ages to come". As a result, the process of amending it is intentionally challenging and time-consuming.
One way to initiate the amendment process is for two-thirds of state legislatures to request that Congress convene a Constitutional Convention. This method has never been used successfully, but it does have supporters. A Constitutional Convention could address issues such as gridlock, the excessive influence of interest groups, and members of Congress being overly concerned with re-election.
To propose an amendment, Congress must pass a joint resolution with a two-thirds majority in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, so the joint resolution does not require their signature or approval. Instead, the original document is sent to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
Once an amendment is proposed, it must be ratified. Ratification requires approval by three-fourths of the states (38 out of 50). When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the NARA. The Archivist delegates many of the ministerial duties to the Director of the Federal Register. The OFR examines the ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails.
After an amendment is ratified, the OFR drafts a formal proclamation for the Archivist to certify its validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. The signing of this certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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A proposed amendment becomes part of the Constitution when ratified by 38 states
Amending the United States Constitution is a challenging and lengthy process. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments have been proposed by a constitutional convention. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states).
The process begins when two-thirds of the state legislatures call for Congress to propose an amendment, or when two-thirds of both houses of Congress pass a proposed amendment. Once an amendment is proposed, it is submitted to the states for ratification. The governors then formally submit the amendment to their state legislatures, which consider and vote on the proposal.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with this function to the Director of the Federal Register, who examines the 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 38 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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The Archivist certifies the amendment and publishes it in the Federal Register
The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the amendment ratification process. Once the OFR has confirmed receipt of the required number of valid ratification documents, the Archivist certifies the amendment. This certification confirms that the amendment is valid and has become part of the Constitution.
The certification is then published in the Federal Register and the U.S. Statutes at Large. This publication serves as formal notification to Congress and the nation that the amendment process has been completed. The signing of the certification has, in recent times, become a ceremonial event witnessed by various dignitaries, including the President.
The role of the Archivist in the amendment process is largely administrative. The Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
The Director of the Federal Register, to whom the Archivist has delegated many of the ministerial duties, follows established procedures and customs previously performed by the Secretary of State and the Administrator of General Services.
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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 US Constitution can be amended by proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then sent to the National Archives and Records Administration (NARA) for processing and publication. Once ratified by three-fourths of the States (38 out of 50 States), it becomes part of the Constitution.
The US Constitution has been amended 27 times since 1787. Some notable examples include the first 10 amendments, known as the Bill of Rights, giving women the right to vote, repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age to 18.
Belgium's Constitution can be amended by the federal legislative power, which includes the King and the Federal Parliament. To initiate the process, two Declarations of Revision of the Constitution are required: one adopted by the Chamber of Representatives and the Senate, and the other signed by the King and the Federal Government. Following this, a new federal election must take place, after which the new Federal Parliament can amend the specified articles.
In Australia, constitutional amendments must first be passed by the legislature and then submitted to the people. A majority of voters in a majority of states is required for an amendment to be successful. Australia's strict amendment procedures have resulted in only eight out of 44 proposed amendments being passed over several decades.
