Malcolm Rivera
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, or they can be appended to the end of the document as supplemental additions, changing the frame of government without altering the existing text. The process of amending a constitution varies across jurisdictions. In the United States, for example, an amendment may 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, it must be ratified by three-fourths of the states to become part of the Constitution. The process of amending a constitution is generally difficult and time-consuming, and it is important that the idea behind the amendment has a major impact on or secures the rights of citizens.
| Characteristics | Values |
|---|---|
| Difficulty level | Very difficult and time-consuming |
| Number of amendments to the US Constitution | 27 |
| Amendment proposal | 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 |
| Amendment ratification | Three-fourths of the states (38 of 50 states) |
| Amendment recording | Two main forms: revisions to the previous text or appended to the end of the main text as special articles of amendment |
| Amendment procedure | Special procedures, such as supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both |
| Amendment initiation | Amendments can originate as bills and become laws in the form of acts of parliament or special joint resolutions of Congress |
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What You'll Learn
The amendment process
The first step in the amendment process is for the proposing body to draft the amendment. This can be done by a national legislature or by a constitutional convention, depending on the country. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval.
Once the amendment has been drafted, it is submitted to the relevant authorities for ratification. In the United States, this is done by sending the proposed amendment to the Archivist of the National Archives and Records Administration (NARA), who forwards it to the 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, as well as assembling an information package for the states.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR examines 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, at which point the records are transferred to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as 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 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 that the amendment process has been completed.
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What a constitutional amendment is
A constitutional amendment is a modification or alteration 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 (codicils), changing the frame of government without altering the existing text of the document.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, even in these cases, a special procedure may be required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved in a referendum before they can become law.
The process of amending a constitution can vary. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. This can be done through the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states, as specified by Congress.
The amendment process is designed to be difficult and time-consuming, ensuring that only significant changes affecting all citizens or securing their rights are made to the constitution.
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The US constitutional amendment process
The process of amending the US Constitution is a complex and time-consuming endeavour, as the framers of the Constitution intended. It has been amended 27 times since 1787, and there have been over 10,000 measures proposed in Congress to amend it.
Amendments can be proposed in two ways, as outlined in Article Five of the US Constitution. Firstly, the Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President.
The second method is for two-thirds of state legislatures (34 as of 1959) to request that Congress call a convention for proposing amendments. This has never happened, but there are supporters of the idea.
Once an amendment is proposed, it must be ratified. Again, there are two options for ratification, which are determined by Congress. The first is for the legislatures of three-quarters of the states (38 of 50) to ratify the amendment. The second is for ratifying conventions in three-quarters of the states, which has only been used once in US history, for the 1933 ratification of the 21st 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 U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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Ratification of amendments
The process of writing a constitutional amendment is a difficult and time-consuming task. The United States Constitution was written "to endure for ages to come", and as such, the process of amending it has been made challenging.
A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by three-fourths of the state legislatures. This means that 38 out of 50 states must approve the amendment for it to become part of the Constitution.
Once a proposed amendment has been passed by Congress, it is submitted to the states for ratification. The governors of each state formally submit the amendment to their state legislatures, or the state can call for a convention, depending on what Congress has specified. Some states have taken action on a proposed amendment without waiting for official notice. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register.
The Office of the Federal Register (OFR) 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. The OFR retains these documents until an amendment is adopted or fails, at which point they are transferred to the National Archives for preservation.
In conclusion, the ratification of amendments is a crucial step in the process of writing a constitutional amendment. It requires the approval of a significant majority of states, and the careful review and preservation of documents by the OFR. This ensures that any changes made to the Constitution are done so in a thoughtful and deliberate manner, reflecting the enduring nature of the document.
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The role of Congress
The United States Constitution has been amended only 27 times since it was drafted in 1787, a challenging and time-consuming process. Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which does not require the signature or approval of the President.
Congress can also propose amendments following a constitutional convention called for by two-thirds of state legislatures. However, this has never happened, with all amendments proposed by Congress. Once an amendment is proposed, Congress decides on the ratification process.
Amendments must then be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of states. This second option has only been used once in history, for the 1933 ratification of the Twenty-First Amendment. The vote of each state carries equal weight, regardless of population size or length of time in the Union.
When an amendment is ratified, the Archivist of the Office of the Federal Register (OFR) is sent an original or certified copy of the state action. The OFR examines these documents for authenticity and legal sufficiency. Once the required number of ratification documents is verified, the Archivist certifies 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.
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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, or appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
The process to write a constitutional amendment can vary depending on the jurisdiction. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. The amendment must then be passed by two-thirds of both houses of Congress and ratified by three-fourths of the state legislatures. Alternatively, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments.
The amendment process is very difficult and time-consuming. The framers of the United States Constitution intentionally made it challenging to amend the document, and it has only been amended 27 times since it was drafted in 1787.
The first ten amendments to the United States Constitution, known as the Bill of Rights, were adopted and ratified simultaneously. The 21st Amendment was ratified in 1933 through a convention conducted in three-quarters of the states. Other notable amendments include the 24th, 25th, and 26th Amendments, which were certified by Presidents Johnson and Nixon, respectively.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than ordinary legislation. This could include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. For example, in Ireland and Australia, amendments take the form of Acts of Parliament but must also be approved in a referendum to become law.
