Omar Bennett
The constitution is the fundamental law of a nation's government and outlines the basic rights of its citizens. It is a living document that can be amended to reflect the changing needs of society. Amendments are changes or additions to the constitution and are considered part of it when ratified. The process of amending a constitution varies across nations. For instance, in the United States, amendments are proposed by Congress and ratified by state legislatures or state ratifying conventions, whereas in the United Kingdom, parliamentary sovereignty allows the legislature to make changes to constitutional matters without a specific procedure.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 11,000+ |
| Number of amendments ratified | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of ratification of the first 10 amendments | 15 December 1791 |
| Ratification method for most amendments | Three-fourths of state legislatures |
| Alternative ratification method | Ratifying convention |
| Number of amendments using alternative ratification method | 1 (Twenty-first Amendment) |
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What You'll Learn
- Amendments must be ratified by three-fourths of state legislatures
- Amendments can be proposed by two-thirds of both Houses
- Amendments can be proposed by two-thirds of state legislatures
- Amendments must be approved by a majority of voters in a referendum
- The Twenty-first Amendment repealed the Eighteenth Amendment
Amendments must be ratified by three-fourths of state legislatures
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated by Congress or by a constitutional convention. If Congress proposes an amendment, it must be voted on by two-thirds of both the House of Representatives and the Senate. If the proposal comes from a constitutional convention, two-thirds of the state legislatures must call for the convention.
Once the proposal is made, it is sent to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist is responsible for administering the ratification process and has delegated many of the duties to the Director of the Federal Register. The proposed amendment is then submitted to the states for their consideration, and each state legislature votes on whether to ratify the amendment.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the state legislatures, which currently equates to 38 out of 50 states. This requirement ensures that a broad consensus is needed for any changes to the Constitution and protects against hasty or unilateral amendments. It also gives a small minority of states the power to block an amendment if they strongly object to it.
The ratification process is managed by the Director of the Federal Register, who examines the ratification documents for legal sufficiency and authenticity. Once the required number of states has ratified the amendment, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register, marking the completion of the amendment process.
In most cases, the state legislature ratification method has been used, with the exception of the Twenty-First Amendment, which was ratified by state conventions. The process of amending the Constitution is a deliberate and rigorous procedure, ensuring that any changes to the foundational document of the nation are carefully considered and widely accepted.
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Amendments can be proposed by two-thirds of both Houses
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article provides two methods for proposing amendments: the congressional proposal method and the convention method.
The congressional proposal method, which has been used for all 27 amendments to the Constitution, requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of both Houses must agree to propose an amendment before it can move forward in the amendment process. Once an amendment is proposed by Congress, it is 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, creating an official record of the proposed amendment.
The convention method, on the other hand, has never been used to propose an amendment. This method allows two-thirds of the state legislatures to apply to Congress to call a convention for proposing amendments. The convention method was included in the original Constitution as a way to bypass the federal government, recognizing that the congressional proposal method is controlled by federal powers.
Regardless of the method used to propose an amendment, the process of amending the Constitution is deliberately difficult and time-consuming. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) before it can become an official part of the Constitution. This ensures that any changes made to the Constitution have broad support and are in the best interests of the nation as a whole.
In summary, while amendments can be proposed by two-thirds of both Houses of Congress, the amendment process involves multiple steps and requires significant consensus to ensure that the Constitution remains a stable and enduring framework for the nation.
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Amendments can be proposed by two-thirds of state legislatures
The Constitution of the United States provides two methods for proposing amendments. The first method is through a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves two-thirds of state legislatures applying for Congress to call a convention for proposing amendments. This method bypasses Congress and was included in the Constitution to counterbalance the federal government's control over the congressional proposal method.
The second method, also referred to as an Article V Convention, state convention, or amendatory convention, has been applied for by every state except Hawaii. However, despite over 700 applications, no constitutional convention has been called to propose amendments. This is partly due to concerns about the potential unintended consequences of such a convention. For instance, James Madison, the "Father of the Constitution," expressed worries about the lack of detail regarding how the convention amendment process would work.
Once an amendment is proposed, it is sent to the states for ratification. Three-quarters of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. The ratification process can occur through state legislatures or state ratifying conventions, with the former method being used for all but one amendment, the Twenty-First Amendment.
The process of amending the Constitution is outlined in Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. The Archivist submits the proposed amendment to the states for consideration, and upon receiving the required number of authenticated ratification documents, the amendment is certified as valid and added to the Constitution.
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Amendments must be approved by a majority of voters in a referendum
Amendments are considered part of a constitution when they are approved by a majority of voters in a referendum. This process varies across different nations and states. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The proposed amendment is then submitted to the states for their consideration. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).
In the United Kingdom, there is no written constitution, and parliamentary sovereignty means that the legislature has the final authority on constitutional matters. Amendments can be made by a simple majority in Parliament, without the need for a referendum. However, in certain cases, such as the Scotland Act 2016, a referendum may be required to make changes.
Other countries have different procedures for amending their constitutions. For example, in Australia, a bill to amend the Constitution must be passed by both houses of Parliament with an absolute majority before being submitted to the people for approval. Switzerland has a similar procedure to Australia, while Ireland requires only a simple majority of voters. In the state of New York, there are two methods for proposing amendments: the legislative method, which requires approval by an absolute majority of both houses and then by a simple majority of voters; and the convention method, which involves convening a constitutional convention approved by a majority vote in a referendum.
Some countries require multiple steps for amending their constitutions. In Denmark, for instance, an amendment must be approved by parliament, followed by a general election, and then approved again by the new parliament before being submitted to a referendum. The Czech Republic requires a two-thirds majority in three successive readings for an amendment to pass.
The process of approving amendments through referendums can vary as well. While some referendums require a simple majority of voters, others have additional requirements, such as a minimum voter turnout for the referendum to be valid, as seen in Denmark. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections, while Illinois allows amendments to be approved by either a three-fifths majority on the amendment or a majority of voters in the entire election.
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The Twenty-first Amendment repealed the Eighteenth Amendment
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had mandated a nationwide prohibition on alcohol. The Eighteenth Amendment was ratified on January 16, 1919, after years of advocacy by the temperance movement. The subsequent enactment of the Volstead Act established federal enforcement of the nationwide prohibition on alcohol. However, as many Americans continued to drink despite the amendment, Prohibition gave rise to a profitable black market for alcohol, fuelling the rise of organised crime.
Throughout the 1920s, Americans increasingly viewed Prohibition as unenforceable, and a movement to repeal the Eighteenth Amendment gained momentum. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments to the U.S. Constitution for being the only one to repeal a prior amendment and the only amendment ratified by state ratifying conventions.
Section 1 of the Twenty-first Amendment expressly repeals the Eighteenth Amendment. Section 2 bans the importation of alcohol into states and territories that prohibit the consumption of alcohol. Several states continued to be "dry states" after the repeal of the Eighteenth Amendment, and some still closely regulate alcohol distribution today. The Twenty-first Amendment also "constitutionalised" the understanding of the extent of states' power to regulate alcohol that prevailed before Prohibition. While states have considerable latitude over alcohol regulation under Section 2, they may not adopt protectionist measures that favour in-state alcohol producers and sellers over interstate commerce.
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. The Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The proposed amendment is then submitted to the states for their consideration. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). The Twenty-first Amendment was ratified by state ratifying conventions, specifically selected for this purpose.
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Frequently asked questions
The US Constitution can be amended by Congress, whenever two-thirds of both Houses deem it necessary. The other method is when two-thirds of the state legislatures request a convention for proposing amendments. Amendments are then ratified by three-fourths of the state legislatures or by three-fourths of state ratifying conventions.
There have been 27 amendments to the US Constitution, with the first 10 being ratified in 1791 and known as the Bill of Rights. More than 11,000 amendments have been proposed.
Amendments to the Texas State Constitution are proposed by the legislature in a regular or special session. The governor may call a special session. The proposed amendments must be approved by a majority of voters in a referendum to become part of the constitution.
