Amending The Constitution: Requirements And Process

The process of amending a constitution varies across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In the United States, a proposed amendment starts as a special joint resolution of Congress, while in France, amendments must be passed by both houses with identical terms before being approved by a simple majority in a referendum or a three-fifths majority of the two houses of parliament. The amendment process can be challenging and time-consuming, requiring super-majorities in legislative bodies, and it may also involve special procedures, referendums, or conventions.

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Two-thirds majority in Congress

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process is deliberately difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later.

The first step in the amendment process is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the joint resolution. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

To achieve a two-thirds majority in Congress, a proposed amendment must secure the support of at least 290 members of the House of Representatives and 67 members of the Senate. This high threshold ensures that any amendment has broad bipartisan support and is carefully considered before being proposed.

Once the amendment is proposed by Congress, it is sent to the states for ratification. Here, the amendment must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This step underscores the importance of achieving a broad consensus across the country for any proposed changes to the Constitution.

In conclusion, the requirement of a two-thirds majority in Congress for proposing a constitutional amendment is a crucial step in the amendment process. It ensures that any changes to the Constitution are carefully considered and have the support of a significant majority in both chambers of Congress before moving forward in the ratification process.

Ratification by three-fourths of states

Ratification by three-fourths of the states is the final step in the process of amending the US Constitution. This process is outlined in Article V of the Constitution, which has been used to propose thirty-three amendments, twenty-seven of which have been ratified.

The first step in amending the Constitution is for two-thirds of both houses of Congress to propose and pass an amendment in the form of a joint resolution. This joint resolution is then sent to the Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states.

Once the proposed amendment has been passed by Congress and sent to the states, it must be ratified by three-fourths (38 out of 50) of the state legislatures. This can be done either through the state legislatures themselves or through ratifying conventions in three-fourths of the states. This latter method has only been used once in US history, for the ratification of the Twenty-First Amendment in 1933.

The vote of each state carries equal weight, regardless of its population or length of time in the Union. Once the OFR has verified that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution. This 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 has been completed.

The process of amending the Constitution is intentionally difficult and time-consuming. As Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come." Therefore, the framers made it a challenging task to amend the document.

A constitutional convention

The United States Constitution was designed to "endure for ages to come", and as such, the process of amending it is deliberately difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments were proposed by a constitutional convention.

While a constitutional convention has never been called, it does have its supporters. A retired federal judge, Malcolm R. Wilkey, called for a new convention a few years ago, arguing that:

> "The Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected."

It is important to note that the amendment process is not limited to these two methods. Scholars argue that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.

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A valid reason for amendment

The process of amending a constitution is a difficult and time-consuming task. This is by design—the framers of the US Constitution, for example, intended for it to "endure for ages to come". As such, valid reasons for an amendment must be carefully considered and should be significant enough to warrant the time and effort required to make changes.

A valid reason for an amendment could be to secure the rights of citizens. For instance, in the US, an amendment to outlaw flag burning has been proposed and endorsed by President Clinton. Similarly, an amendment to allow voluntary school prayer has been put forward. These proposals seek to protect the rights and freedoms of citizens, which could be considered a valid reason for an amendment.

Another valid reason could be to address faults or shortcomings in the existing constitution. For example, a retired federal judge, Malcolm R. Wilkey, argued that the US Constitution had been "corrupted by the system", leading to gridlock and excessive influence by interest groups. In such cases, an amendment could be proposed to correct these issues and improve the functioning of the government.

A valid reason for an amendment could also be to adapt to changing circumstances or needs within a country. For instance, the Constitution of Italy can be amended through a special procedure that allows for the adoption of constitutional laws. This process enables Italy to make changes to its constitution as needed to reflect the evolving nature of the country.

Furthermore, a valid reason for an amendment could be to ensure the document remains relevant and up-to-date. In some cases, constitutions may require amendments to be made through a special procedure, such as supermajorities in the legislature or direct approval by the electorate in a referendum. These procedures ensure that any changes made to the constitution are carefully considered and have the support of a significant portion of the population.

The President's role

The President does not have a constitutional role in the amendment process. The joint resolution proposing an amendment does not go to the White House for 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.

However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.

The President may also endorse the idea of a constitutional amendment. For example, President Clinton endorsed the idea of a crime victims' rights amendment.

The process of amending the United States Constitution is very difficult and time-consuming. Amendments 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. To become part of the Constitution, an amendment must then be ratified by three-fourths of the states.

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