Omar Bennett
An amendment to the constitution is a change or addition to the foundational document that outlines how a country is governed. Amendments are often difficult and time-consuming processes, requiring super-majorities in the legislature and/or ratification by a certain proportion of sub-national legislatures or electorates. The amendment process varies across countries, with the United States, Australia, India, and Belgium all having distinct procedures. Amendments are typically reserved for significant changes that impact all citizens or secure their rights.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of amendments to the Indian Constitution | 106 (as of August 2021) |
| Number of proposals to amend the US Constitution since 1789 | Approximately 11,848 (as of January 3, 2019) |
| Number of amendments to the Australian Constitution | Not mentioned |
| Number of amendments to the Belgian Constitution | Not mentioned |
| Difficulty of amending the US Constitution | Very difficult and time-consuming |
| Authority to amend the US Constitution | Article V of the Constitution |
| US Amendment proposal methods | 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 |
| US Amendment ratification methods | Ratification by three-fourths (38) of state legislatures or state ratifying conventions |
| Australian Amendment proposal methods | Absolute majority in both houses of Parliament, or by referendum |
| Australian Amendment ratification methods | Majority of states agree to the proposal |
| Belgian Amendment proposal methods | 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 |
Explore related products
What You'll Learn
The amendment process
State legislatures have used their power to apply for a national convention to pressure Congress into proposing a desired amendment. This was the case with the Seventeenth Amendment, which provides for the direct election of senators.
Once an amendment is proposed, 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. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register. The OFR examines 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.
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 and serves as official notice to the Congress and the Nation that the amendment process has been completed.
Since the early 20th century, Congress has, on several occasions, stipulated that an amendment must be ratified by the required number of states within seven years of its submission to the states. Congress's authority to set a ratification deadline was affirmed in 1939 by the Supreme Court of the United States in Coleman v. Miller (307 U.S. 433).
Massachusetts' Historic Amendment: Church and State Separation
You may want to see also
Ratification
The US Constitution outlines two methods for ratifying amendments: State Legislature Ratification and State Ratifying Conventions. State Legislature Ratification is the most common method, requiring approval from the legislatures of three-fourths of the states, currently 38 out of 50 states. This method empowers states to have a direct say in the constitutional amendment process and ensures that amendments are carefully considered.
The alternative method, State Ratifying Conventions, has never been used. It requires ratification by conventions held in three-fourths of the states. While this method has not been utilised, state legislatures have, at times, used their power to pressure Congress into proposing a desired amendment.
Once an amendment is ratified by the required number of states, the states send authenticated ratification documents to the Office of the Federal Register (OFR). The OFR examines these documents for legal sufficiency and authenticity of signatures. If the documents are in order, the OFR 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 published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
The ratification process for amending the US Constitution is rigorous and deliberate, ensuring that any changes to this foundational document have the widespread agreement and support of the states and the people they represent.
Canada's Constitution: Amendments and Their Impact
You may want to see also
The Archivist's role
Once an amendment is proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, the Archivist steps in. The Archivist receives an original or certified copy of the State action from the Governors when a State ratifies the proposed amendment. This copy is immediately conveyed to the Director of the Federal Register (OFR).
The OFR examines the ratification documents for authenticity and legal sufficiency, and if they are in order, the Director acknowledges receipt and maintains custody. These documents are crucial as they represent the states' approval of the proposed amendment.
The Archivist, following procedures established by the Secretary of State and the Administrator of General Services, works closely with the Director of the Federal Register. The Archivist does not make determinations on the validity of State ratification actions but plays a key role in certifying the facial legal sufficiency of ratification documents. This certification is a formal proclamation that the amendment is valid and has become part of the Constitution.
The certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to the nation of the amendment's completion. This certification process is a critical function, ensuring the amendment's legitimacy and its place in the Constitution.
In summary, the Archivist's role is to manage the ratification process, ensuring the proper documentation and certification of amendments. This role is essential to the amendment process and upholds the integrity of the Constitution.
Due Process: Constitutional Amendments Explained
You may want to see also
Explore related products
Article V of the Constitution
Article V of the United States Constitution outlines the procedure for altering the Constitution. It provides two methods for amending the nation's frame of government. The first method authorises Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, to propose amendments to the Constitution. This method has been used for all 33 amendments submitted to the states for ratification. The second method, which has never been used, allows for a convention for proposing amendments to be called by Congress at the request of two-thirds of state legislatures.
Once an amendment has been proposed, it must be ratified to become part of the Constitution. Ratification can be achieved in two ways, as determined by Congress: through the legislatures of three-quarters of the states (38 out of 50 states), or by ratifying conventions in three-quarters of the states. Only one amendment, the Twenty-First Amendment in 1933, has been ratified by conventions in three-quarters of the states. The vote of each state, regardless of its population or time in the Union, carries equal weight.
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. When 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 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. Once 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 has been completed.
Article V also includes a provision that prohibits amendments made prior to 1808 from affecting the first and fourth clauses in the ninth section of the first article of the Constitution, which relate to Congress's power to restrict the slave trade and levy certain taxes on land or slaves. Additionally, it stipulates that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
The Ninth Amendment: Protecting Our Unalienable Rights
You may want to see also
The Bill of Rights
An amendment to the US Constitution is a change or addition to the Constitution and can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Now, this brings us to the Bill of Rights.
The amendments were proposed in response to the lack of limits on government power in the original Constitution. Madison's changes were initially presented as alterations to the Constitution's text, but several representatives objected, stating that Congress had no authority to make such changes. As a result, the changes were reframed as a list of amendments that would follow Article VII.
The House approved 17 amendments, of which the Senate approved 12, which were then sent to the states for approval in August 1789. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and constitute the Bill of Rights.
Amendments: The Constitution's Only Repeal
You may want to see also
Frequently asked questions
The US Constitution can be amended by a two-thirds majority vote in both the House of Representatives and the Senate, or by a majority vote of state delegations at a national convention called by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of state legislatures or state ratifying conventions.
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted and ratified simultaneously in 1791 and are known as the Bill of Rights.
Amending a constitution allows for changes to be made to the fundamental laws and principles that govern a country. This might be done to secure the rights of citizens, reflect changes in society, or address issues that were not considered when the constitution was originally written.
Amending a constitution is typically a more difficult and time-consuming process than making ordinary laws. For example, in the US, amendments require a two-thirds majority in both houses of Congress, whereas ordinary laws only require a simple majority. Additionally, constitutional amendments must be ratified by a supermajority of state legislatures, whereas ordinary laws do not.
