Isabella Carter
The process of formally amending a constitution varies depending on the country in question. In the United States, Article Five of the Constitution outlines a two-step process for making changes. Amendments must be proposed and ratified before becoming operative. This can be done by a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of state legislatures. In India, Article 368 of the Indian Constitution outlines the amendment procedure, with the latest amendment being the 106th Amendment Act in 2023.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 11,848 |
| Total number of amendments ratified | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of ratification of the first 10 amendments | December 15, 1791 |
| Number of amendments proposed by the U.S. Congress | 33 |
| Number of amendments ratified by the required number of states | 27 |
| Number of amendments not ratified by the required number of states | 6 |
| Number of amendments still pending | 4 |
| Number of amendments closed | 2 |
| Method of proposing amendments | U.S. Congress or a national convention |
| Majority required in the Senate and House of Representatives to propose an amendment | Two-thirds |
| Number of states required to call a national convention | 34 |
| Number of states required to ratify an amendment | 38 |
| Body responsible for administering the ratification process | Archivist of the United States |
| Latest amendment to the Indian Constitution | 106th Amendment Act, passed in 2023 |
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What You'll Learn
The two-step process for amending the Constitution
Article Five of the United States Constitution outlines a two-step process for amending the nation's plan of government. This process involves proposing and ratifying amendments before they can become operative. It aims to balance the need for change with stability. Here is a detailed breakdown of the two-step process:
Step 1: Proposal
An amendment can be proposed and sent to the states for ratification in two ways. Firstly, it can be initiated by the U.S. Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Secondly, a national convention called by Congress for this purpose can propose an amendment on the application of the legislatures of two-thirds of the states (34 since 1959). However, this second option has never been utilised.
Step 2: Ratification
For an amendment to become part of the Constitution, it must be ratified. There are two methods of ratification. The first and more common method is through the legislatures of three-fourths of the states (38 since 1959). The second method is via state ratifying conventions in three-fourths of the states. Only the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment on alcohol prohibition, has been ratified through this second method.
Congress plays a crucial role in the amendment process, sometimes stipulating a time frame for ratification by the required number of states. Once an amendment is properly ratified, the Archivist of the United States issues a certificate declaring it an operative part of the Constitution.
Since 1789, approximately 11,000 to 11,848 proposals to amend the Constitution have been introduced in Congress, with 27 amendments successfully ratified and becoming part of the Constitution.
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The role of the U.S. Congress in proposing amendments
The U.S. Congress plays a crucial role in proposing amendments to the Constitution, a process rooted in Article V of the Constitution itself. This article outlines a two-step process for amending the nation's plan of government, requiring proposals to be properly proposed and ratified before becoming operative.
Congress has initiated the process of amending the Constitution on numerous occasions. Since 1789, there have been approximately 11,848 proposals to amend the Constitution introduced in Congress, with members of the House and Senate collectively proposing around 200 amendments during each two-year term. Despite the high number of proposals, only a small fraction has become part of the Constitution.
To propose an amendment, Congress must achieve a two-thirds majority in both the Senate and the House of Representatives. This process affirms that both chambers deem the amendment necessary. The proposal takes the form of a joint resolution, which does not require the President's signature or approval. Once approved by Congress, the joint resolution is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
After processing, NARA's Office of the Federal Register (OFR) sends the proposed amendment to the states for their consideration. This is done by sending a letter of notification to each state governor, along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, as specified by Congress.
In summary, the U.S. Congress is a key player in the amendment process, initiating proposals, securing the required majority, and forwarding them to the states for ratification. This process, guided by Article V, ensures a thoughtful and deliberate approach to amending the nation's governing document.
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The ratification process and the required number of states
The United States Constitution has a two-step process for amendments, as outlined in Article Five. Firstly, an amendment must be proposed. This can be done by the US Congress, when a two-thirds majority in both the Senate and the House of Representatives agree, or by a national convention called by Congress, on the application of two-thirds of state legislatures.
Once an amendment has been proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states, since 1959). This can be done either by the legislatures of three-fourths of the states, or by state ratifying conventions in three-fourths of the states. The latter method has only been used once, for the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment (ratified in 1919) and ended the prohibition of alcohol.
Congress has also enacted statutes that govern the constitutional amendment process. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate when an amendment has been properly ratified. Congress has also stipulated that an amendment must be ratified by the required number of states within seven years of its submission to the states.
Since 1789, there have been more than 11,000 proposals to amend the Constitution, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. However, only 27 amendments have been ratified and added to the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791.
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The role of the Archivist and the National Archives
The National Archives and Records Administration (NARA) is the United States federal government's official record-keeper. Of all the documents and materials created in the course of the US federal government's business, only 1-3% are deemed important enough for legal or historical reasons to be kept forever by NARA.
The Archivist of the United States, who heads NARA, is responsible for managing the constitutional amending process. 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. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
The Archivist does not make any substantive determinations as to the validity of State ratification actions. However, it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent times, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
The 27th Amendment, first proposed in 1789 and ratified in 1992, is the only constitutional amendment to be certified by the Archivist of the United States. Don W. Wilson became the first and only Archivist to certify a constitutional amendment.
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The process of drafting and publishing a formal proclamation
Proposal Stage
The amendment process begins with a proposal for a change to the Constitution. In the United States, this proposal can originate from two sources. Firstly, the U.S. Congress can propose an amendment when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, a national convention called by Congress at the request of two-thirds of the state legislatures can propose amendments. However, this option has never been used.
Ratification by States
Once an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by a specified number of states. In the United States, this typically means ratification by three-fourths of the state legislatures. This process ensures that any changes to the Constitution reflect the will of a significant majority of the country.
Administration and Proclamation
During the ratification process, the Archivist of the United States administers the process under the relevant legal provisions. Once an amendment is properly ratified, the Archivist issues a formal proclamation, declaring that the amendment has become an operative part of the Constitution. This proclamation is an official announcement that the proposed change has met the necessary requirements and is now a binding part of the nation's supreme law.
Time Limits and Special Considerations
In some cases, Congress may stipulate a time limit for ratification, such as requiring ratification within seven years of the proposal's submission to the states. Additionally, certain types of amendments, particularly those related to the federal structure, may require the consent of half of the state legislatures or a special majority. These variations exist to balance the need for change with the stability and integrity of the Constitution.
Historical Context
It is worth noting that the process of amending the Constitution has been utilised throughout history, with approximately 11,000 to 11,848 proposals introduced in Congress since 1789. However, only a small fraction, currently 27 amendments, have been successfully ratified and incorporated into the Constitution. The first 10 amendments, collectively known as the Bill of Rights, were ratified simultaneously in 1791.
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Frequently asked questions
There have been 27 amendments to the U.S. Constitution, with the first 10 being ratified in 1791 and known as the Bill of Rights.
The U.S. Constitution is amended through a two-step process outlined in Article Five. An amendment must be proposed and ratified before becoming operative. An amendment can be proposed by the U.S. Congress with a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of states or state ratifying conventions.
The Indian Constitution is amended through a process outlined in Article 368 of the document. Only the Parliament can initiate the constitutional amendment process, and amendments must be passed with a special majority. The Basic Structure of the Indian Constitution, a set of core principles, cannot be altered through amendments.
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