Eleanor Finch
Constitutional amendments are modifications to the constitution of a polity, organization, or other types of entities. They can be interwoven into the relevant sections of an existing constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. This includes supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. The process of suspending an amendment to the constitution would likely involve a similar or even more rigorous process, depending on the jurisdiction.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment procedure | Amendments are interwoven into the relevant sections of an existing constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document |
| Amendment process | A proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President cannot veto |
| Amendment recording | The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication |
| Amendment certification | The OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution |
Explore related products
What You'll Learn
- The US Constitution's Article V outlines the amendment process
- Amendments are proposed by Congress with a two-thirds majority
- Amendments are ratified by three-quarters of the states
- Amendments can be appended to the constitution without altering the text
- Amendments can be proposed by constitutional convention
The US Constitution's Article V outlines the amendment process
The US Constitution's Article V outlines the process for amending the Constitution. The authority to amend the Constitution is derived from Article V, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, with the proposed amendment taking the form of a joint resolution. This method has been used for all 27 amendments to the Constitution. The second method involves a constitutional convention called for by two-thirds of the state legislatures, which has never been used.
Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. The amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50), either through their legislatures or conventions, as specified by Congress.
The process of amending the Constitution is challenging, with only one amendment, the 18th Amendment on Prohibition, ever being repealed. The rarity of repeals underscores the enduring nature of the Constitution's principles. The amendment process outlined in Article V ensures that any changes to the Constitution reflect the will of a significant portion of the country.
While Article V provides the primary procedure for amending the Constitution, scholars have debated other methods not outlined in Article V. For instance, Akhil Reed Amar argues that the people of the United States may amend the Constitution using methods beyond those specified in Article V. Additionally, the Supreme Court has confirmed that certain principles, such as birthright citizenship, are fundamental and cannot be easily altered.
Constitutional Change: Pakistan's 13th Amendment Explained
You may want to see also
Amendments are proposed by Congress with a two-thirds majority
The process of amending the Constitution of the United States 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. This is known as the congressional proposal method, and it has been the process for all 27 amendments to the Constitution thus far.
The President does not have a constitutional role in this amendment process, and the joint resolution does not require their 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. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format.
Following this, the OFR assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant statutory provisions. The Archivist of the United States then 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.
The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. In some instances, State legislatures have acted on proposed amendments before receiving official notification. Once 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.
To become part of the Constitution, an amendment must be ratified by three-quarters of the States (38 out of 50). 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 U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete.
Constitutional Amendments: Valid Arguments Explored
You may want to see also
Amendments are ratified by three-quarters of the states
The process of amending the Constitution of the United States is a complex and challenging endeavour. It requires careful consideration and a deep understanding of the established procedures outlined in Article V of the Constitution. While the President can propose an amendment, it is important to note that it does not require their approval or signature. Instead, the power to propose amendments rests with Congress, which can do so through a two-thirds majority vote in both the House of Representatives and the Senate. This process ensures that any proposed changes to the Constitution are thoroughly discussed and agreed upon by a supermajority in both chambers of Congress.
Once an amendment is proposed by Congress, it enters the ratification phase, where the focus shifts to the states. This is a critical step in the amendment process, as the amendment must be ratified by three-quarters of the states, or 38 out of 50 states, to become part of the Constitution. Each state has its own process for considering and ratifying amendments, which may involve the state legislature, governor, or even a state convention. This distributed approach to ratification ensures that any changes to the Constitution reflect the diverse will of the people across the nation.
During the ratification process, states play a crucial role in scrutinising and deliberating the proposed amendment. State legislatures or conventions debate the merits of the amendment, considering its potential impact on their specific state and the country as a whole. This provides an opportunity for a thorough examination of the amendment from different perspectives, ensuring that it aligns with the principles and values espoused by a supermajority of the states. The ratification process also allows for a dialogue between the federal government and the states, fostering collaboration and consensus-building in shaping the nation's governing document.
As states complete their ratification process, they submit their decision to the Archivist of the United States, who is responsible for administering the overall ratification process. The Archivist, in conjunction with the Director of the Federal Register, follows established procedures and customs to ensure the integrity of the process. Once the required number of states has ratified the amendment, the Archivist certifies its validity, and it officially becomes part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as an official notification to Congress and the nation that the amendment process has been successfully completed.
The process of amending the Constitution, with its requirement of ratification by three-quarters of the states, underscores the founding fathers' vision of a nation governed by the consent of the governed. It ensures that any changes to the supreme law of the land reflect the will of the people and protects against hasty or partisan changes. While the process is deliberately challenging, it also provides a mechanism for necessary changes to be made when a broad consensus is reached, allowing the Constitution to evolve and adapt to the needs of a changing society.
Congressional Compensation: Amendments and Their Impact
You may want to see also
Explore related products
Amendments can be appended to the constitution without altering the text
The United States Constitution grants the authority to amend it, and there are two ways to go about it. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for a constitutional convention to be called for by two-thirds of the State legislatures. Notably, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Once an amendment is proposed, it is sent to the states for ratification. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
While amendments typically involve directly altering the text of the Constitution, they can also be appended as supplemental additions (codicils). This means that the frame of government can change without altering the existing text of the document. In the event of a conflict between an amendment and the original text, the amendment will usually take precedence, even though the original wording is not altered.
It is important to note that the process of amending the Constitution is more stringent than passing ordinary legislation. It requires supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of these procedures. The President does not have a constitutional role in the amendment process, and the amendment proposal is sent directly to NARA's Office of the Federal Register (OFR) for processing and publication.
Racial Profiling: The Constitutional Amendment Protection
You may want to see also
Amendments can be proposed by constitutional convention
The Constitution of the United States provides that an amendment may be proposed by a constitutional convention called for by two-thirds of the State legislatures. This is also referred to as an Article V Convention, and it is one of two methods authorized by Article Five of the United States Constitution for proposing amendments. The other method is a two-thirds vote in both houses of Congress, which has been used 33 times, while the convention method has never been used.
The process of proposing an amendment through a constitutional convention begins with the state legislatures. When two-thirds of the state legislatures (34 out of 50) apply to Congress for a convention, Congress is obligated to call for one. The convention then proposes amendments, which become law only after ratification by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
There are ongoing debates and concerns surrounding the use of an Article V Convention to propose amendments. Some scholars argue that states may prod Congress into proposing an amendment on a particular matter by applying for an Article V convention on that issue. However, there is also a concern that Congress may abuse its power and refuse to call for a convention or propose amendments that are contrary to the intent of the Constitution.
While the convention method for proposing amendments has never been used at the federal level, it is important to note that at the state level, more than 230 constitutional conventions have assembled in the United States. Additionally, since 2016, 10 state legislatures have rescinded previous applications to call for an Article V Convention.
Canada's Constitution: Hard to Amend
You may want to see also
Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text.
An amendment 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.
Once an amendment is proposed, the Archivist of the United States administers the ratification process. The amendment is then sent to the states for ratification. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states.
No, the President cannot change the Constitution by executive order. The President also does not have a constitutional role in the amendment process.
The odds of repealing an amendment are extremely long. Only one amendment, the 18th Amendment that established Prohibition, was later repealed by the 21st Amendment.
