Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can directly alter the text of a constitution or be appended to it as supplemental additions (codicils). 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, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions, and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| 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 from the date of its submission to the states |
| Amendment process | Difficult and time-consuming |
Explore related products
What You'll Learn
The amendment process
Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA), specifically 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. The Governors then submit the amendment to their State legislatures or call for a convention, as specified by Congress.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). State legislatures or state ratifying conventions in three-fourths of the States can achieve this. When an amendment is ratified, the State sends an original or certified copy of the action to the Archivist of the United States, who administers the ratification process. The Archivist delegates many duties to the Director of the Federal Register, who examines the ratification documents for authenticity and legal sufficiency.
Upon receiving the required number of authenticated ratification documents, 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 of the amendment's completion. This certification has become a ceremonial function attended by dignitaries, sometimes including the President.
In most jurisdictions, amendments to a constitution revise the previous text, deleting portions or inserting new articles. Less commonly, amendments are appended to the end of the main text, leaving the original body intact but potentially superseding it with conflicting information. The United States Constitution's use of appended articles of amendment is famous, but other countries like Venezuela also employ this method.
The Longest Amendment: Words that Shaped History
You may want to see also
Ratification
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often directly interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended to the end of the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. Article V also sets forth two methods by which states may ratify amendments to the Constitution. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method requires Congress to specify that three-fourths of state ratifying conventions approve a proposed amendment. Congress has only specified this second mode of amendment once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
Once Congress proposes an amendment, the Archivist of the United States is charged with administering the ratification 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.
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). 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 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 to the Congress and the Nation that the amendment process has been completed.
The concept of ratifying constitutions and constitutional amendments is not limited to the federal government. For example, in 1879, the state of California ratified a new Constitution to replace the original Constitution of 1849.
Unchangeable Constitution: Three Parts Unamended
You may want to see also
Types of amendments
Amendments to a constitution are modifications to the constitution of a polity, organisation, or other types of entities. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
Constitutions typically require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.
Amendments in the United States
The United States Constitution details a two-step process for amending the nation's plan of government. Amendments must be properly proposed and ratified before becoming operative. This process is designed to balance the issues of constant change and inflexibility. An amendment may be proposed and sent to the states for ratification by the U.S. Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary.
The other option is through a national convention, called by Congress on the application of two-thirds of the state legislatures. However, this option has never been used. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).
Congress has enacted statutes governing the constitutional amendment process. When a constitutional amendment is sent to the states for ratification, the Archivist of the United States is responsible for administering the ratification process. Once properly ratified, the archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution.
Since the Constitution was put into operation on March 4, 1789, there have been 27 amendments to the Constitution, with 33 amendments proposed by Congress and sent to the states for ratification. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
Amendments in Other Countries
Other countries, such as Ireland, Estonia, and Australia, have different procedures for amending their constitutions. In these countries, constitutional amendments often originate as bills and become laws through acts of parliament. However, they may also require approval through a referendum, as seen in Ireland and Australia.
Switzerland has a procedure similar to Australia's, and Japan has not passed any amendments over several decades due to the exacting nature of their special procedures. In contrast, the former constitution of Alabama, a U.S. state, was amended 977 times between 1901 and 2022.
Some countries have specific requirements for amending their constitutions. For example, Bulgaria has a special amendment procedure (Articles 157-163) that is the only way to revise international borders, change the form of government, or suspend citizens' rights. Denmark's constitution requires that an amendment be approved by parliament, followed by a general election, and then approved again by the new parliament before being submitted to a referendum. Estonia's constitution can only be modified by a three-fifths majority in two successive complements of parliament, and Finland's constitution requires approval by a majority of parliament and then a two-thirds supermajority after a parliamentary election.
Amending the Constitution: Understanding the Formal Process
You may want to see also
Explore related products
History of amendments
The Founding Fathers of the United States Constitution understood that it would need to be amended to confront future challenges and adapt to the growing nation. The Constitution was ratified in 1789, and since then, over 11,000 amendment bills have been introduced, with only 27 amendments being ratified.
The process of amending the Constitution is outlined in Article V, which requires a two-thirds majority vote in the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures (34 since 1959). This latter option has never been used. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959).
The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These include the famous First Amendment, which protects freedom of religion, speech, press, assembly, and the right to petition the government. The Second Amendment, also part of the Bill of Rights, guarantees the right to keep and bear arms. The Third Amendment prohibits the quartering of militia in private homes without the owner's consent.
The Founding Era (1791-1804) saw the addition of the first 12 amendments, including the Bill of Rights. The Reconstruction Era (1865-1870) produced three significant amendments, known as the Reconstruction Amendments: the 13th, 14th, and 15th. The 18th Amendment, ratified in 1919, established the prohibition of alcohol, but it was later repealed by the 21st Amendment in 1933, the only amendment to be ratified through state conventions. The 19th Amendment, passed in 1919 and ratified in 1920, granted women the right to vote.
The last constitutional amendment was ratified over three decades ago, and the process of amending the Constitution has transformed it by adding rights and freedoms and abolishing slavery.
Civil Rights Act: Constitutional Amendments Explained
You may want to see also
Congress's role in the amendment process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is a difficult and time-consuming task. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is the first step in Congress's role in the amendment process. The President does not have a constitutional role in the process, so 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. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the resolution in slip law format, and the statutory procedure for ratification. This information package is sent to the Governors, who then formally submit the amendment to their State legislatures.
In the past, some State legislatures have not waited to receive official notification before taking action on a proposed amendment. 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.
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). Once 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 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 to Congress and the Nation that the amendment process is complete.
It is important to note that there is another option to start the amendment process: two-thirds of the state legislatures can request that Congress call a Constitutional Convention. However, a new Constitutional Convention has never occurred, and none of the 27 amendments to the Constitution have been proposed in this manner.
Amending Constitutions: Adapting to a Changing World
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 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.
An amendment must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
There have been 27 amendments to the Constitution since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791.
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. Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval.
