Omar Bennett
Changing a country's constitution is a challenging and time-consuming process, as it is designed to be a stable document that endures for ages. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text, which can involve deleting portions of the original text or inserting new articles among existing ones. The United States Constitution, for example, has been amended only 27 times since it was drafted in 1787, and the process requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment must then be ratified by three-fourths of the states. Other countries, such as Belgium, the Netherlands, and the United Kingdom, have their own unique processes for amending their constitutions, which may involve the monarch, federal elections, or simple majority votes.
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What You'll Learn
The amendment process
The process is managed by the Archivist of the United States, who oversees the National Archives and Records Administration (NARA). The Archivist works with the Director of the Federal Register to ensure the amendment's ratification and to administer any necessary procedures and customs. Once ratified, the amendment is officially certified by the Archivist and published in the Federal Register, becoming an official part of the Constitution.
While the process is challenging, it is not impossible. The 21st Amendment, for example, repealed the broad prohibition on alcohol, demonstrating that amendments can be made with sufficient support. Additionally, there have been instances of amendments being proposed by Congress but never fully ratified by the states, indicating that the process is selective yet achievable.
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Ratification
The process of ratifying a constitutional amendment can be complex and time-consuming, and it varies across different countries and jurisdictions. Here is a detailed overview of the ratification process, specifically focusing on the topic of changing a constitutional amendment:
United States of America
In the United States, the process of amending the Constitution is outlined in Article V of the Constitution. To propose an amendment, there are two methods specified:
- Congressional Proposal: A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a direct role in this process.
- Constitutional Convention: Two-thirds of the state legislatures (38 out of 50 states) can call for a constitutional convention to propose an amendment. However, this method has never been used for any of the 27 amendments made to the Constitution.
Once an amendment is proposed, it must be ratified. Ratification requires the approval of three-quarters of the state legislatures (38 out of 50 states). The states can choose to approve the amendment through their legislatures or by calling for a state convention. When a state ratifies, it sends an official copy of the state's action to the Archivist of the United States, who administers the ratification process. The Office of the Federal Register (OFR) examines the ratification documents for legality and authenticity. If the documents are in order, the OFR maintains custody of them until the amendment is adopted or fails. Once the required number of state ratifications is reached, the Archivist certifies that the amendment is valid and has become part of the Constitution.
European Union (EU)
The process of amending the EU constitution involves two types of revisions:
- Ordinary Revision: This relates to key changes concerning the competences of the EU and requires an intergovernmental conference to adopt amendment proposals by consensus. All EU countries must then ratify the treaty amendments for them to come into force.
- Simplified Revision: This applies to amendments related to the EU's policies and internal actions. The European Council unanimously adopts decisions on these amendments after consulting relevant bodies. The amendments enter into force after ratification by all EU countries according to their own constitutional procedures.
Individual Countries in Europe
Several European countries have their own unique processes for amending their constitutions:
- Belgium: The Belgian Constitution can be amended by the federal legislative power, which consists of the King (Federal Government) and the Federal Parliament. To initiate an amendment, two Declarations of Revision of the Constitution must be made, one by the Chamber of Representatives and the Senate, and the other signed by the King and Federal Government. Following this, a new federal election must be held, and the Federal Parliament is dissolved.
- Netherlands: In the Netherlands, the legislature must first pass a proposed law to change the constitution by a simple majority. Then, the lower house is dissolved, and after elections, the proposal is reconsidered. The actual change to the constitution requires a two-thirds majority in both houses of parliament.
- Poland: In Poland, a bill to amend the Constitution can be submitted by at least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic. The amendment must then be adopted by the Sejm and the Senate within 60 days, with identical wording. There is a mandatory waiting period of at least 30 days between the submission of the bill and the first reading.
- United Kingdom: The United Kingdom does not have a written constitution but instead exercises parliamentary sovereignty. The final authority on constitutional matters rests with the parliament itself, which can make changes by a simple majority.
Other Jurisdictions
In most jurisdictions, amendments to a constitution typically involve revisions to the previous text. This can involve deleting portions of the original text or inserting new articles among the existing ones. A less common method is appending the amendment to the end of the main text as a special article, leaving the original text intact but applying the doctrine of implied repeal, where the amendment may take precedence in case of conflict.
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Approval by state legislatures
The process of amending a constitution varies across jurisdictions. This answer will focus on the process of "Approval by state legislatures" in the context of amending the United States Constitution.
The United States Constitution has been amended only 27 times since it was drafted in 1787, indicating the difficulty of the amendment process. The authority to amend the Constitution is derived from Article V of the Constitution. While the President does not have a constitutional role in the amendment process, any changes to the Constitution must be proposed by two-thirds of both houses of Congress or by a constitutional convention called for by two-thirds of state legislatures.
Once an amendment is proposed, it is submitted to the state legislatures for ratification. The legislatures of three-fourths of the states, or 38 out of 50 states, must ratify the amendment for it to become part of the Constitution. The process of ratification involves the governors formally submitting the amendment to their state legislatures. The state legislatures then take action on the proposed amendment, and if it is ratified, an original or certified copy of the state action is sent to the Archivist of the United States.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines the 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 until an amendment is adopted or fails.
Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), a formal proclamation is drafted 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 that the amendment process has been completed.
In summary, the approval by state legislatures is a crucial step in the process of amending the United States Constitution. While the specific procedures may vary, the requirement for a supermajority of states to ratify any proposed changes ensures that amendments have broad support and are not easily enacted.
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The role of the President
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 ceremonial function of signing the certification of an amendment has been attended by various dignitaries, including the President.
In the United States, the President has endorsed ideas for amendments, such as a crime victims' rights amendment.
In Belgium, the King (in practice, the Federal Government) has a role in amending the Constitution. To amend the Constitution, the federal legislative power, consisting of the King and the Federal Parliament, must declare the reasons to revise the Constitution in accordance with Article 195.
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Ordinary vs simplified revision
Amending a constitution is a challenging and time-consuming process. The United States Constitution, for instance, has only been amended 27 times since 1787, indicating the difficulty of the process. The process of amending a constitution typically involves proposing changes, achieving the required level of legislative support, and formally ratifying the amendments.
Ordinary Revision
Ordinary revision typically involves key changes to the foundational aspects of a constitution. In the European Union, for example, ordinary revision pertains to amendments related to the competences of the EU and requires an intergovernmental conference to adopt proposals for amendments by consensus. All EU countries must then ratify the treaty amendments for them to come into force. This process ensures that significant changes to the EU's foundational principles are carefully considered and agreed upon by all member states.
Simplified Revision
Simplified revision, on the other hand, deals with amendments related to an organization's policies and internal actions. Using the European Union as an example again, the European Council unanimously adopts decisions on amendments after consulting the commission, Parliament, and the European Central Bank. This process allows for more straightforward changes to internal policies and actions without requiring the same level of consensus as ordinary revision.
United States Constitution Amendment Process
The process of amending the United States Constitution exemplifies the challenging nature of constitutional amendments. Proposed amendments must be passed by a two-thirds majority in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the state legislatures. After Congress proposes an amendment, the Archivist of the United States administers the ratification process. A proposed amendment becomes part of the Constitution once ratified by three-fourths of the states (38 out of 50).
Con-Ass and Con-Con Modes
The 1987 Constitution of the Philippines distinguishes between two modes of change: amendment (Con-Ass) and revision (Con-Con). Con-Ass refers to changes that add, reduce, or delete provisions without altering basic principles. Con-Con, on the other hand, involves substantial alterations to the constitution, such as changing term limits or replacing it altogether. While Con-Ass is suitable for amendments, proponents of significant changes may opt for Con-Con to propose extensive revisions.
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Frequently asked questions
The process to change a constitutional amendment can be initiated by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The amendment must then be ratified by three-quarters of the states, at which point it becomes part of the Constitution.
The process is deliberately designed to be very difficult and time-consuming. Chief Justice John Marshall wrote in the early 1800s that the United States Constitution was written "to endure for ages to come". As of 2016, there have been approximately 11,699 amendment proposals, yet there have only been 27 amendments since it was drafted in 1787.
Yes, the 18th Amendment, which established Prohibition, was repealed by the 21st Amendment in 1933.
