Jonah Patel
Amending a constitution is a difficult task, as it is meant to be a lasting document. In the US, the authority to amend the Constitution is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments: the first requires a two-thirds majority vote in both the House and Senate, and the second method involves Congress calling a convention for proposing amendments upon the request of two-thirds of state legislatures. The process of amending a constitution varies across countries. For instance, in Italy, Article 138 of the Constitution outlines a special procedure for Parliament to adopt constitutional laws, while Australia and Ireland require all amendments to be passed by the legislature before being submitted to the people.
| Characteristics | Values |
|---|---|
| Country | United States |
| Authority | Article V of the Constitution |
| Proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Ratification | Three-fourths of the States (38 of 50 States) |
| Administration | Archivist of the United States |
| Difficulty | High |
| Number of Amendments | 27 since 1787 |
| Example of a State with a Liberal Constitution | Austria |
| Example of a State with a Strict Constitution | Japan |
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What You'll Learn
- A proposal must be made by Congress with a two-thirds majority vote in both the House and Senate
- Alternatively, Congress can call a convention for proposing amendments upon the request of two-thirds of state legislatures
- An amendment is then formally submitted to state legislatures or a convention, depending on what Congress specifies
- A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states
- The Archivist of the United States administers the ratification process and certifies that the amendment is valid
A proposal must be made by Congress with a two-thirds majority vote in both the House and Senate
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amending the Constitution is intentionally difficult, as it was written "to endure for ages to come". As such, the process requires a two-thirds majority vote in both the House and the Senate. This means that two-thirds of the Members present in both chambers must vote in favour of the proposal. This is the only method for proposing amendments that has been used thus far.
The second method outlined in Article V for proposing amendments has never been used. This method involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
Once a proposal has been made by Congress, 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.
Following the proposal stage, there are two methods for states to ratify amendments, as outlined in Article V. The first method requires three-fourths of the state legislatures to ratify the amendment. The second method allows Congress to require that three-fourths of state ratifying conventions approve the proposed amendment. Congress determines which method the states must follow for the amendment to become effective.
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 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 U.S. Statutes at Large and serves as official notice that the amendment process has been completed.
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Alternatively, Congress can call a convention for proposing amendments upon the request of two-thirds of state legislatures
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made it a challenging process to amend the Constitution. Since 1787, it has only been amended 27 times. Amending the Constitution requires a proposal and a ratification process. Article V of the Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House and the Senate. This is the only method that has been used so far.
The second method, which has never been used, allows Congress to call a convention for proposing amendments upon the request of two-thirds of state legislatures. This method has been the subject of extensive debate among scholars. While it has not been utilised to propose amendments, it is worth noting that state legislatures have occasionally taken action on a proposed amendment without waiting for official notice from Congress.
The process of amending the Constitution is a challenging and deliberate endeavour. The difficulty in amending the Constitution underscores the framers' intention for it to be a lasting document. The process ensures that amendments are reserved for significant issues that impact all Americans or secure the rights of citizens.
When 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 duties to the Director of the Federal Register. The Director examines ratification documents for legal sufficiency and authenticating signatures. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
The process of amending the Constitution involves multiple steps and requires consensus across states. The convention method, triggered by state legislatures, has not been utilised, but it remains a valid option for proposing amendments. The ratification process, overseen by the Archivist and the Director of the Federal Register, ensures the validity and legal sufficiency of any proposed amendments.
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An amendment is then formally submitted to state legislatures or a convention, depending on what Congress specifies
The process of amending the Constitution of the United States is a difficult task, as the framers intended. The Constitution provides two methods for proposing amendments. The first method, which has been used thus far for all amendments, requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
Once an amendment is proposed by Congress or a convention, it is formally submitted to the state legislatures. The Governors then submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. In some cases, State legislatures have taken action on a proposed amendment before receiving official notice.
The process of ratifying an amendment is also specified by Congress, which has the sole discretion in choosing the mode of ratification. There are two methods for ratifying an amendment. The first method requires three-fourths of the state legislatures to ratify the amendment. The second method, which has only been specified once for the Twenty-First Amendment, involves three-fourths of state ratifying conventions approving the proposed amendment.
When an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. 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 U.S. Statutes at Large, serving as official notice of the completion of the amendment process.
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A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states
The process of amending the United States Constitution is a difficult and lengthy task. 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, a constitutional convention can be called for by two-thirds of the state legislatures. This second method has never been used.
Once an amendment is proposed, it is sent to the Archivist of the United States, who administers 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.
A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). This can be done through the state legislatures or ratifying conventions, with Congress determining the method the states must follow. The OFR verifies that it has received the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The process of amending the Constitution is deliberately challenging, as the framers intended for the document to "endure for ages to come." As a result, the Constitution has only been amended 27 times since it was drafted in 1787, and many proposed amendments, such as those for congressional term limits and a balanced budget, have not been successful.
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The Archivist of the United States administers the ratification process and certifies that the amendment is valid
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
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 ministerial duties associated with this function to the Director of the Federal Register. The specific procedures for the ratification process are not detailed in Article V of the Constitution or in the relevant statutory provisions. Instead, 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.
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 Office of the Federal Register (OFR) examines the 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. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
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Frequently asked questions
Article V of the Constitution outlines two methods for proposing amendments: the first requires a two-thirds majority vote in both the House and Senate, and the second involves a constitutional convention called for by two-thirds of state legislatures. Following this, there are two methods for states to ratify amendments: the first requires three-fourths of state legislatures to approve, and the second requires three-fourths of state ratifying conventions to approve.
The United States Constitution was written "to endure for ages to come", and as such, the process of amending it is intentionally difficult. Since it was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted as the Bill of Rights.
Australia and Ireland require that all amendments are first passed by the legislature before being submitted to the people. In Australia, a majority of voters in a majority of states is required, while Ireland only needs a simple majority of those voting at the electorate. Austria's constitution is considered unusually liberal, as any piece of parliamentary legislation can be designated as "constitutional law" if certain requirements are met.
