Isabella Carter
The process of amending a constitution varies across different jurisdictions. In the United States, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). Amendments to the US Constitution are 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. The authority to amend the Constitution is derived from Article V of the Constitution. In India, amendments to the constitution are proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress, and they are adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| Number of Amendments making up the Bill of Rights | 10 |
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal | Constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment ratification deadline | Seven years |
| Amendment certification | Formal proclamation for the Archivist to certify that the amendment is valid |
| Amendment certification publication | Federal Register and U.S. Statutes at Large |
| Amendment process | Proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress |
| Amendment adoption | Majority vote of more than two-thirds of all the deputies to the Congress |
| Amendment example | Article IV, section 2, of the Constitution was superseded by the 13th amendment |
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What You'll Learn
The process of amending the US Constitution
The United States Constitution is a remarkable and enduring document, with a process for amendments that has been utilised throughout the nation's history. The process of amending the US Constitution is a significant undertaking, involving multiple steps and the participation of various governmental entities. The Constitution grants the authority to amend it, and this power rests with the people's representatives and the states. Here is an overview of the process:
The first step in amending the Constitution is for Congress to propose an amendment. This can occur in two ways. The first option is through a two-thirds majority vote in both the House of Representatives and the Senate. This is a high bar to clear, ensuring that any proposed amendment has significant support in both chambers of Congress. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose an amendment. This option has never been used for an amendment but serves as a check on Congress's power and allows states a direct role in the process.
Once an amendment is proposed, it enters the ratification process. This phase involves the state legislatures and is overseen by 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 process to the Director of the Federal Register. The proposed amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This requirement ensures that amendments reflect a broad national consensus and are not imposed by a simple majority of states.
The ratification process is a critical stage in amending the Constitution. After Congress proposes an amendment, the Office of the Federal Register (OFR) within NARA processes and publishes the joint resolution. The OFR adds legislative history notes and assembles information packages for the states, providing formal copies of the resolution. The states then deliberate and vote on the proposed amendment. Once the OFR receives the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify the amendment's validity.
The certification ceremony is a significant moment in the amendment process. The Archivist's certification is final and conclusive, officially recognising the amendment as part of the Constitution. This ceremony has, in recent times, been attended by dignitaries, including the President, who witnesses the signing. The 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 is complete. This final step symbolises the completion of the arduous journey from proposal to enactment of a constitutional amendment.
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The number of amendments to the US Constitution
The United States Constitution has been amended 27 times since its creation, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The process of amending the Constitution is outlined in Article V of the Constitution, which states that 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.
The process of amending the Constitution is a lengthy and deliberate one. Once an amendment is proposed, it is sent to the Archivist of the United States, who administers the ratification process. The Archivist then forwards the proposed amendment to the Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format, along with an information package for the States.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur through the state legislature ratification method or the state ratifying convention method. In most cases, a seven-year ratification deadline is included in the body of the amendment or in the resolving clause of the joint resolution proposing it. However, the Constitution does not mandate a deadline for ratification. To be ratified, an amendment must be approved by three-fourths (38 out of 50) of the state legislatures or state ratifying conventions. Once an amendment is ratified, the OFR drafts a formal proclamation certifying its validity, which is published in the Federal Register and U.S. Statutes at Large, officially adding the amendment to the Constitution.
The 27 amendments to the Constitution cover a wide range of topics, including freedom of religion, speech, and press; the right to bear arms; protection from unreasonable searches and seizures; protection from double jeopardy; the right to a speedy and public trial; and rules for congressional compensation. The amendments also address issues such as the abolition of slavery, the establishment of equal protection under the law, the right to vote regardless of race, and the power of Congress to impose income taxes.
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Amending state constitutions
There are multiple methods for amending state constitutions, including amendments crafted by legislatures, citizens, conventions, and commissions. Legislatures play a crucial role in the amendment process, with 49 states requiring voter ratification of proposed amendments. Delaware is the only exception, with the legislature approving amendments without requiring voter confirmation. The legislatures of 36 out of 49 states must approve amendments during a single legislative session, while four states require passage during one or two successive sessions, and the remaining nine states mandate approval in two consecutive sessions.
State legislatures can also apply pressure on Congress to propose a desired amendment by calling for a national convention. This strategy was employed to secure the Seventeenth Amendment, which provided for the direct election of senators. To become part of the Constitution, an amendment proposed by Congress or a national convention must be ratified by the legislatures of three-fourths (38) of the states.
Citizen-initiated amendments are another avenue for change, with 18 states recognising the right to adopt amendments through constitutional initiatives. These processes often involve gathering a significant number of signatures, with requirements varying across states. Arizona and Oklahoma have the highest threshold, mandating signatures from 15% of voters in the last gubernatorial election, while Massachusetts requires only 3%.
In summary, amending state constitutions is a multifaceted process that involves legislatures, citizens, conventions, and commissions. The specific procedures and requirements differ across states, but the overall aim is to balance individual liberties, collective welfare, and the scope of government action.
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Amending the constitution without a convention
The process of amending the United States Constitution is derived from Article V of the Constitution. The Constitution can be amended without a convention through a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging process, as the framers of the Constitution intended it to be a lasting document.
The amendment proposal takes the form of a joint resolution, which is then 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. 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 a proposed amendment is submitted to the OFR, the office examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them. The OFR retains these documents until the amendment is either adopted or fails.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
While the President does not have a constitutional role in the amendment process, the signing of the certification has become a ceremonial function that the President may attend. It is worth noting that none of the 27 amendments to the Constitution have been proposed by constitutional convention; they have all been proposed by Congress.
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Amending the constitution with a convention
The Constitution of the United States can be amended through a convention of the states. This method is outlined in Article V of the Constitution, which states that Congress shall propose amendments whenever two-thirds of both Houses deem it necessary, or upon the application of two-thirds of state legislatures, Congress shall call a convention for proposing amendments.
This convention method has never been used to amend the Constitution, but it has been speculated that states may pressure Congress into proposing an amendment on a particular matter by applying for an Article V convention. State legislatures have, at various times, used their power to apply for a national convention to pressure Congress into proposing a desired amendment. For example, the movement to amend the Constitution to provide for the direct election of senators began to see such proposals regularly pass the House of Representatives, but fail in the Senate. As a result, more and more state legislatures adopted resolutions demanding that a convention be called, pressuring the Senate to approve what later became the Seventeenth Amendment.
There are concerns about whether an Article V convention could become a "runaway convention" that attempts to exceed its scope. If a convention did attempt to exceed its scope, none of the amendments it proposed would become part of the Constitution until three-fourths of the states ratified them, which is more than the number of states required to call a convention. However, proponents of a convention express doubt that an Article V convention would exceed its scope, given the United States' experience with state constitutional conventions. Over 600 state constitutional conventions have been held with little evidence of exceeding their scope.
The process of amending the Constitution through a convention typically involves the following steps:
- Congress proposes an amendment in the form of a joint resolution, which is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
- NARA's Office of the Federal Register (OFR) adds legislative history notes, publishes the joint resolution, and assembles an information package for the states.
- The Governors then formally submit the amendment to their State legislatures, or the state calls for a convention, depending on what Congress has specified.
- When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who examines the ratification documents for facial legal sufficiency and an authenticating signature.
- If the documents are in good order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails.
- A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
- The OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution, which is published in the Federal Register and U.S. Statutes at Large.
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Frequently asked questions
A constitutional amendment is a change or addition to a country's constitution.
An amendment becomes part of the US Constitution when it is ratified by three-fourths of the states (38 out of 50).
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.
There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, which consists of the first 10 amendments ratified in 1791.
Yes, a constitutional amendment can explicitly express itself as repealing a specific existing article.
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