Malcolm Rivera
A constitutional amendment is a change or addition to a country's constitution. The process of amending a constitution varies across countries. For instance, in the United States, the authority to amend the Constitution comes from Article V of the Constitution, with amendments proposed by Congress or a constitutional convention. In Turkey, on the other hand, amendments to the constitution are passed by the people through a referendum. The Belgian constitution can be amended by the federal legislative power, which includes the King and the Federal Parliament. The process of amending a constitution can involve multiple steps, including proposing, ratifying, and promulgating the amendment.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of the first 10 amendments | Passed in 1789, ratified in 1791 |
| Authority to amend the US Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | By the Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Example of an amendment topic | Changes in pay for members of Congress |
| Example of a country with a different amendment process | Belgium, where the federal legislative power, including the King and the Federal Parliament, can amend the Constitution |
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What You'll Learn
The US Constitution has been amended 27 times
A constitutional amendment is a change or addition to the constitution of a nation. The process of amending a constitution varies from country to country. For example, in Japan, amendments are promulgated by the Emperor in the name of the people and are an integral part of the constitution. In Turkey, constitutional amendments are passed by the people through a referendum. In Belgium, the federal legislative power, consisting of the King and the Federal Government, can amend the constitution by declaring the reasons for the revision. In Italy, a referendum turnout has no effect on its validity, and in the Netherlands, the legislature must pass a law by a simple majority to propose a change to the constitution.
Some notable amendments to the US Constitution include the abolition of poll taxes, the enactment and subsequent repeal of Prohibition, and the amendment that gave women the right to vote. More recently, there have been proposals to amend the Constitution to outlaw flag burning, protect crime victims' rights, allow voluntary school prayer, make English the official language, and abolish the Electoral College.
Amending the US Constitution is a difficult and time-consuming process. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate typically proposing around 200 amendments during each two-year term. However, none of the proposals made in recent decades have become part of the Constitution. The last time a proposal gained the necessary two-thirds support in both the House and the Senate was in 1978, for the District of Columbia Voting Rights Amendment.
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The process: Congress proposes, the Archivist administers
The process of constitutional amendment begins with Congress proposing an amendment in the form of a joint resolution. Notably, 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 sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in this process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.
At this point, the Archivist of the United States, who heads NARA, takes over the responsibility for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications. Once 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 the ratification documents for facial legal sufficiency and the presence of 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. At that point, the records are transferred to the National Archives for preservation.
For an amendment to become part of the Constitution, it must be ratified by at least three-fourths of the States (38 out of 50). Once this threshold is reached, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution. The amendment and its certificate of ratification are then published in the Federal Register and included in the United States Statutes at Large.
The process of constitutional amendment in the United States involves Congress proposing the amendment and the Archivist, along with the Director of the Federal Register, administering the ratification process and ensuring the amendment's integration into the Constitution upon sufficient ratification by the States.
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No presidential role in the process
A constitutional amendment refers to a change or addition to a country's constitution, the foundational document that outlines the principles, rights, and structure of the nation's government. The process of amending a constitution varies across different countries, and some nations have amended their constitutions numerous times. For example, the Turkish constitution, implemented in 1982, has been amended 21 times as of 2018, while the Belgian constitution requires federal legislative power, including the King and Federal Parliament, to initiate the amendment process.
In the United States, the Constitution has been amended 27 times since its ratification in 1788, with the first ten amendments, known as the Bill of Rights, being passed in 1789 and ratified in 1791. The authority to amend the US Constitution stems from Article V, which outlines the amendment proposal process. Notably, the President of the United States does not have a constitutional role in the amendment process.
The US Constitution can be amended through one of two methods: a proposal 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. It is important to highlight that none of the 27 amendments to the US Constitution have been proposed through a constitutional convention. When Congress proposes an amendment, it takes the form of a joint resolution, which does not require the signature or approval of the President. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing 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 other relevant documents. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States, and when a State ratifies it, the State sends an original or certified copy of the action to the Archivist, who then conveys it to the Director of the Federal Register.
While the President may not have a direct constitutional role in the amendment process, they can still be involved in a ceremonial capacity. For example, President Johnson and President Nixon witnessed the certification of amendments, and various dignitaries may attend the signing ceremony. However, the President's presence in this context does not imply any constitutional authority over the process.
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Belgium's Constitution amended by federal legislative power
A constitutional amendment refers to a change or addition to a country's constitution, the set of laws that determine the fundamental political principles of that country. In most cases, amending a constitution is a complex and lengthy process, often requiring more than a simple majority in a referendum or legislative body.
Belgium's Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. This process is governed by Title VIII of the Constitution, titled "The Revision of the Constitution". To amend the Constitution, the federal legislative power must first declare the reasons for doing so, in accordance with Article 195. This involves two Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and Federal Government.
Following this, the Federal Parliament is dissolved, and a new federal election must take place. This ensures that no amendments can be made without an intervening election. After the election, the new Federal Parliament can amend the articles that have been declared revisable, provided that at least two-thirds of its members are present.
The federal legislative power also has the ability to modify the structure of the Constitution, such as the number of articles and their subdivisions, in order to harmonise the different language versions of the Constitution. However, there are restrictions on the Federal Parliament's power to amend the Constitution. For example, Article 196 states that the process cannot be initiated or continued during times of war or when the Federal Parliament cannot freely assemble. Additionally, the provisions relating to the King's constitutional powers, as outlined in Article 197, cannot be amended during a regency.
Belgium's Constitution has undergone significant amendments since its original establishment in 1831. The state reform reconfigured the Belgian political system into a federal model, necessitating substantial changes to the original document.
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Italy: no quorum required for referendum turnout
A constitutional amendment is a change or addition to a country's constitution, the foundational document of a nation's legal system. The process of amending a constitution varies from country to country. For example, in the United States, the authority to amend the Constitution comes from Article V of the Constitution. The process involves Congress proposing an amendment, which is then administered by the Archivist of the United States. The amendment is then submitted to the states for consideration, and if ratified by a certain number of states, it becomes part of the Constitution.
In other countries, the process can be different. In Belgium, the federal legislative power, consisting of the King and the Federal Parliament, can amend the Constitution. In Turkey, constitutional amendments have been passed through a referendum, where the people directly voted on the changes.
In Italy, there is no quorum required for a constitutional referendum, meaning that there is no minimum turnout needed for the result to be valid. This is different from other types of referendums in Italy, where a minimum turnout may be required. Since 1948, only four constitutional referendums have been held in Italy, indicating that changes to the Constitution are relatively infrequent.
The process of amending a constitution is generally a significant and deliberate act, often requiring supermajority support in legislative bodies or direct approval by the people through a referendum. The varying processes across different countries reflect the importance and complexity of changing a nation's foundational legal document.
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Frequently asked questions
A constitutional amendment is a change or addition to a country's constitution, which is the document that outlines the fundamental principles and laws of that country.
The process of amending a constitution varies from country to country. In some countries, like the United States, amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. In other countries, like Belgium, the federal legislative power, including the King and the Federal Government, is responsible for amending the constitution.
The US Constitution has been amended 27 times since it was ratified in 1788. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791.
After Congress proposes an amendment, the Archivist of the United States administers the ratification process. The Archivist submits the proposed amendment to the states for their consideration, and the governors then formally submit the amendment to their state legislatures. Once a state ratifies the amendment, it sends an original or certified copy of the state action to the Archivist.
The Turkish constitution, adopted in 1982, had been amended 21 times as of 2018. All 21 amendments were passed at the same time through a constitutional referendum in 2017.
