Amending The Constitution: Understanding The Process

Amending the constitution refers to the process of making changes or additions to a country's foundational document, which outlines the rules and principles that govern that nation. The process of amending a constitution varies across different countries and is often a complex and lengthy procedure. For instance, in the United States, amendments must be proposed by Congress with a two-thirds majority in both the House and Senate, and then ratified by three-fourths of state legislatures. On the other hand, in Turkey, constitutional amendments are approved through a referendum, where the people directly vote on the changes. The process of amending a constitution is typically designed to be challenging to ensure that any changes have a significant impact and are in the best interests of the country and its citizens.

Explore related products

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The United States Constitution, Declaration of Independence, Bill of Rights with Amendments: Large Print Edition (Annotated)

$9.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

The Constitution of the United States of America, with the Bill of Rights and all of the Amendments; The Declaration of Independence; and the Articles of Confederation

$4.5 $4.5

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

A Companion to the United States Constitution and Its Amendments

$34.65 $45

The difficulty of amending the US Constitution

Amending the US Constitution is a challenging and time-consuming process. The framers of the Constitution intended for it to "endure for ages to come", making amendments a difficult task. The US Constitution has been amended only 27 times since it was drafted in 1787, indicating the rarity of successful amendments.

The amendment process in the US involves two methods for proposing changes. The first method is through Congress, where a proposed amendment must secure a two-thirds majority vote in both the House of Representatives and the Senate. This high threshold ensures that amendments have significant bipartisan support and are not solely driven by the interests of one political party.

The second method for proposing amendments is through a constitutional convention called for by two-thirds of the state legislatures. However, this method has never been utilised in the history of the US Constitution. The complexity of the amendment process is further emphasised by the requirement for ratification. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures, representing 38 out of 50 states. This step ensures that amendments reflect the consensus of a significant majority of states and protects against the potential for a small minority of states to dominate the process.

The rigorous nature of the amendment process also stems from the significance of the US Constitution as the foundational document of the nation. Amendments must address issues of major impact affecting all Americans or securing the rights of citizens. Political fixes and minor changes are not deemed worthy of amending the Constitution. For instance, proposals for voluntary school prayer and making English the official language have sparked debates about whether they warrant constitutional amendments.

Additionally, the amendment process faces challenges due to the varying political interests and ideologies across different states and legislative bodies. Achieving the required supermajorities in Congress and among state legislatures can be extremely difficult, especially in a polarised political climate. This difficulty was evident in the failed attempts to introduce amendments for congressional term limits and a balanced budget.

The process of amending the US Constitution

The United States Constitution was designed to be a durable document that would "endure for ages to come". Amending the Constitution is, therefore, a challenging and lengthy process. The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.

Amendments must be reserved for ideas that have a significant impact on all Americans or secure the rights of citizens. An amendment may be proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. The proposed amendment is then sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR also creates an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format.

The other option for proposing an amendment is for two-thirds of state legislatures to ask Congress to call a Constitutional Convention. However, this has never happened. Once an amendment has been proposed, it must be ratified. It becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. 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, serving as official notice to Congress and the Nation that the amendment process is complete.

The number of times the US Constitution has been amended

Amending the Constitution of the United States is a challenging and time-consuming process. The framers of the Constitution, which was drafted in 1787, made it difficult to amend the document to ensure its longevity. The Constitution has been amended 27 times, including the first ten amendments, known as the Bill of Rights, which were ratified in 1791.

The process of amending the Constitution is outlined in Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can request Congress to call a Constitutional Convention to propose an amendment. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures, or 38 out of 50 states.

The high bar for amending the Constitution ensures that amendments have a significant impact on the country and its citizens. While there have been approximately 11,000 proposals to amend the Constitution since 1789, only a small fraction have been ratified. The process is designed to be deliberate and challenging, reflecting the importance and permanence of constitutional changes in the United States.

The 27 amendments to the Constitution cover a range of topics, including the Bill of Rights, which protects fundamental freedoms such as freedom of speech, religion, and the right to bear arms. Other amendments address issues such as prohibition, presidential term limits, and the rights of citizens. The amendment process allows for necessary changes to be made to the Constitution while preserving the stability and durability of the nation's founding document.

Explore related products

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

The Fifth Amendment: Double Jeopardy, Self-incrimination, and Due Process of Law (Amendments to the United States Constitution: the Bill of Rights)

$13.95

Ordinary Equality: The Fearless Women and Queer People Who Shaped the U.S. Constitution and the Equal Rights Amendment

$21.97 $27.99

The Constitution of the United States

$1.5

American Founding documents LARGE Laminated 3 pack: US Constitution with all amendments, Declaration of Independence and Bill of Rights (18x29) Young N Refined

$29.95 $33.95

The role of the President in the US amendment process

Amending the Constitution of the United States is a difficult and time-consuming process. The Constitution was written to "endure for ages to come", and amending it requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the state legislatures.

However, the President may play an informal, ministerial role in the amendment process. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. In recent history, the certification of an amendment has become a ceremonial function attended by various dignitaries, including the President. For instance, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon did the same for the 26th Amendment.

Additionally, in the case of the 25th Amendment, the President plays a role in declaring their inability to discharge the powers and duties of their office, which results in the Vice President assuming those powers and duties as Acting President. The President can later declare that their inability no longer exists, but the Vice President and a majority of the principal officers of the executive department can counter this, resulting in Congress deciding the issue.

Examples of amendments to other country's constitutions

Amending a constitution involves modifying the constitution of a country, organization, or another type of entity. Amendments are often directly interwoven into the relevant sections of an existing constitution, or they can be appended as supplemental additions, thus changing the frame of government without altering the existing text. Most constitutions require special procedures to amend them, such as supermajorities in the legislature or direct approval by citizens in a referendum.

• Germany: Under the 1919 Weimar Constitution, any law that achieved supermajorities in both chambers of parliament could deviate from the constitution without becoming part of it. This allowed Adolf Hitler's rise to power, so the postwar 1949 constitution explicitly ruled out this interpretation, allowing amendments only by explicitly changing the text. Germany's Basic Law also includes an eternity clause, protecting the country's federal nature and fundamental rights from being amended.
• United Kingdom: The UK does not have a written constitution. However, its system allows for rapid and dramatic change through parliamentary power, with no parliament capable of binding its successor.
• Venezuela: Venezuela's constitution can be amended, a feature it shares with the United States.
• Ethiopia: Ethiopia's constitution 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, per Article 105.
• Greece: The Greek constitution can be amended per Article 110, under "Section II: Revision of the Constitution" in "Part Four: Special, Final, and Transitional Provisions".
• Ireland: The Irish constitution can only be modified by referendum, following a proposal approved by both houses of the Oireachtas. The amendment requires a simple majority, and no quorum is needed.
• Myanmar: Myanmar's constitution has gone through several iterations. The first was drafted in 1947 and suspended in 1962. The second, approved by referendum in 1973, created a unicameral parliament. The military seized power in 1988 and suspended this constitution. In 2008, the military government wrote a third constitution with a bicameral parliament, reserving 25% of parliamentary seats for military officers. This constitution was enacted through a disputed referendum.
• Australia: The Australian Constitution can only be changed through a referendum. However, the Queensland Constitution, which is part of the broader Australian constitutional framework, can be changed by a simple Act of Parliament, followed by a vote of the electors.

Frequently asked questions