Isabella Carter
Amending a constitution is a difficult and time-consuming process. The US Constitution, for instance, has only been amended 27 times since 1787. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text, which means that portions of the original text may be deleted or new articles inserted. Amendments can also be appended to the constitution as supplemental additions, leaving the original text intact. In the US, an amendment must 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. A proposed amendment then needs to be ratified by three-fourths of the states (38 out of 50).
| Characteristics | Values |
|---|---|
| Country | United States |
| Difficulty level | Very difficult and time-consuming |
| Number of amendments since 1787 | 27 |
| Amendment proposal | 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 process | Passed by two-thirds of both houses of Congress, then ratified by legislatures of three-fourths of the states |
| Alternative process | Two-thirds of the state legislatures could ask Congress to call a Constitutional Convention |
| Amendment form | Revisions to the previous text or appended to the end of the main text as special articles of amendment |
| State constitutions | Amended around 7,000 times |
| State legislatures | Generate more than 80% of constitutional amendments |
| Citizen-initiative processes | 17 states allow citizen-initiated amendments |
Explore related products
What You'll Learn
The amendment process
Amending the Constitution of the United States is a challenging and time-consuming process. The framers of the Constitution, which has been amended only 27 times since 1787, made it difficult to amend on purpose, ensuring its longevity. The authority to amend the Constitution comes from Article V of the Constitution.
A proposed amendment must be passed by two-thirds of both houses of Congress (the House of Representatives and the Senate) and then ratified by three-fourths of the state legislatures (38 out of 50 states). Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments, although this has never happened.
Once an amendment is proposed, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing 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 ratification documents for 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.
When an amendment is ratified, the Director of the Federal Register 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.
While the process of amending the U.S. Constitution is challenging, state constitutions are much easier to modify. State constitutions have been amended around 7,000 times, with some states amending their constitutions more frequently than others. States offer multiple paths for amending their constitutions, including amendments proposed by legislatures, citizens, conventions, and commissions.
Christianity and the Constitution: A Historical Perspective
You may want to see also
Congress proposes an amendment
The United States Constitution was designed to be a durable framework of government, with a difficult amendment process. The Constitution has been amended only 27 times since 1787, and each amendment has undergone a rigorous procedure.
The original document is then sent to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, they assemble an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
The Archivist of the United States, who heads 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 ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
The proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. 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.
Becoming a Constitutional Monarchy in Victoria 2
You may want to see also
State legislatures
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The framers made amending the document a difficult task to ensure its longevity.
Governors submit the proposed amendment to their state legislatures, which then vote on whether to ratify it. State legislatures can choose to wait for official notice before taking action, or they can act beforehand. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). This can be done either by the state legislatures themselves or by ratifying conventions within the states.
Citizenship in the US: Understanding Constitutional Definition
You may want to see also
Explore related products
![The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p49hyM5WL._AC_UY218_.jpg)
Ratification
The process of amending the US Constitution is a difficult and time-consuming endeavour. The US Constitution has been amended only 27 times since it was drafted in 1787, and none of the amendments have been proposed by a constitutional convention.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures (38 out of 50 states) could call for a constitutional convention to propose an amendment. However, this has never happened before.
Once an amendment is proposed, it is sent to the Archivist of the United States, who is responsible for administering the ratification process. The Archivist delegates many of the duties associated with this function to the Director of the Federal Register. The Director 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The process of ratification varies across states. Some states require the backing of a majority of legislators, while others require supermajority legislative support. Some states require legislative support to be expressed in a single session, while others require two consecutive sessions. Once an amendment is ratified, the OFR 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 serves as official notice to Congress and the Nation that the amendment process has been completed.
While the process of amending the US Constitution is challenging, state constitutions are much easier to modify. State constitutional amendments are adopted regularly, and the current constitutions of the 50 states have been amended around 7,000 times. States offer multiple paths for amending their constitutions, including amendments crafted by legislatures, citizens, conventions, and commissions.
Martial Court Ruling: Double Jeopardy or Not?
You may want to see also
Constitutional convention
Amending the U.S. Constitution is a challenging and lengthy process. The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted as the Bill of Rights four years later. The framers of the Constitution made it difficult to amend the document to ensure its longevity.
A Constitutional Convention is one of two ways to propose an amendment to the Constitution. The other way is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. However, none of the 27 amendments to the Constitution have been proposed by a Constitutional Convention. A Constitutional Convention can be called for by two-thirds of the State legislatures. Once called, the convention will submit any proposed amendments to voters for approval.
State constitutions, on the other hand, are amended more frequently and with greater ease than the U.S. Constitution. State legislatures generate more than 80% of constitutional amendments considered and approved each year. States vary in their requirements for legislatures to craft amendments, with some requiring majority support and others supermajority support.
In other countries, there are varying processes for amending their constitutions. For example, in Turkey, a law on Constitutional amendment can be adopted by a two-thirds majority vote in the Grand National Assembly. In Albania, the terms for amending the Constitution are outlined in Article 177, which includes requirements such as a two-thirds approval by the Assembly and ratification by referendum within 60 days.
Safety Behaviors: Understanding Cautious Actions and Their Impact
You may want to see also
Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document.
The process of making a constitutional amendment is very difficult and time-consuming. In the United States, a proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of the state legislatures. Alternatively, two-thirds of state legislatures could ask Congress to call a Constitutional Convention, though this has never happened.
Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include supermajorities in the legislature or direct approval by the electorate in a referendum.
