Amendments: Changing The Constitution

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. Alternatively, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, in the United States, the authority to amend the Constitution is derived from Article V of the Constitution, which outlines the proposal and ratification process. The Constitution of Ethiopia 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.

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The US Constitution's Article V outlines the amendment process

The US Constitution's Article V outlines the process for amending the Constitution. The authority to amend the Constitution of the United States is derived from this article. It states that whenever two-thirds of both Houses of Congress deem it necessary, they shall propose amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In either case, for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states).

The process begins with Congress proposing an amendment in the form of a joint resolution. As the President does not have a constitutional role in the amendment process, 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 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 the statutory procedure for ratification.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties to the Director of the Federal Register. 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 is complete.

It is important to note that neither Article V of the Constitution nor the relevant legislation outlines the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. While the President does not have a direct role in the amendment process, they may participate in the signing of the certification as a ceremonial function.

Amendments are ratified by three-fourths of the States

The process of amending a constitution varies across different countries and organisations. In the United States, the Constitution provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the State legislatures. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. However, the Archivist does not make any substantive determinations regarding the validity of State ratification actions. Instead, they certify the facial legal sufficiency of ratification documents, which is a final and conclusive decision.

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 then 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 process of amending the Constitution in the United States is deliberately difficult and time-consuming. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, but only 27 amendments have been successfully ratified and incorporated into the Constitution. This highlights the challenging nature of the amendment process and the high threshold required for implementing changes to the foundational document of the nation.

Amendments can be proposed by Congress or a constitutional convention

Amendments to a constitution are modifications to the constitution of a polity, organization, or other types of entities. Amendments are often directly woven 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 Constitution of the United States provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the congressional proposal method. The President does not have a constitutional role in this process, so the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the State legislatures. This is referred to as an Article V Convention, state convention, or amendatory convention. This method has never been used, and all existing amendments have been enacted through the congressional proposal method. The convention method was included in the Constitution as it bypasses the federal government, whereas the congressional proposal method is controlled by the federal government.

After 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. 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 and serves as official notice that the amendment process has been completed.

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Amendments are interwoven into relevant sections or appended as additions

Amendments are changes made to a constitution. The process of amending a constitution varies across different countries. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. The Constitution has been amended 27 times since 1787, with amendments being proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment then becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).

Amendments can be interwoven into the relevant sections of an existing constitution, directly modifying the text. This approach involves carefully integrating the new provisions within the appropriate sections of the constitution, ensuring a seamless integration of the changes. This method allows for a clear understanding of how the amendment interacts with the original constitutional framework.

Alternatively, amendments can be appended as supplemental additions, also known as codicils. This approach involves adding the amendments as attachments to the constitution, without altering the existing text of the document. This method allows for changes in the frame of government while preserving the original text.

In some countries, special procedures are required to amend a constitution. For example, in Bulgaria, a special amendment procedure (Articles 157-163) is the only way to revise international borders, change the form of government, modify the application of the Constitution and international treaties, or suspend citizens' rights. This procedure involves electing a Great National Assembly of 400 deputies, with a combination of proportional representation and the first-past-the-post voting system. The amendments are then passed by a two-thirds majority in three successive readings.

The process of amending a constitution is generally more stringent than passing ordinary legislation, often requiring supermajorities in the legislature or direct approval by the electorate through referendums. These procedures ensure that constitutional changes are made with careful consideration and broad support.

Amendments require special procedures, like supermajorities or referendums

Amending a constitution is a difficult and time-consuming process. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures include supermajorities in the legislature or direct approval by the electorate in a referendum, or a combination of two or more different special procedures.

In the United States, the Constitution has been amended only 27 times since it was drafted in 1787. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. Amendments can also be proposed by a constitutional convention called for by two-thirds of the state legislatures, although this has never happened. The U.S. Constitution is difficult to change, in contrast to state constitutions, which have been amended around 7,000 times.

In some U.S. states, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections. In Nevada, for example, citizen-initiated amendments must be approved by a majority of voters in two straight elections. On the other hand, some states require only a simple majority of voters to ratify amendments, while others require a supermajority.

Other countries have their own unique procedures for amending their constitutions. For instance, in the United Kingdom, devoid of a written constitution and exercising pure parliamentary sovereignty, the final authority on all quasi-constitutional matters rests with the parliament itself (the legislature), by a simple majority. In Bulgaria, to revise international borders, change the form of government, amend the application of the Constitution and international treaties, or suspend citizens' rights, a Great National Assembly of 400 deputies is elected, and amendments are passed by a two-thirds majority in three successive readings. In the Czech Republic, a constitutional act can only be passed with the agreement of three-fifths of all Deputies and Senators present at the time.

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