Omar Bennett
A change in the constitution is called an amendment. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. Amendments are then ratified by three-fourths of the states. The process of amending a constitution varies by country. For example, in Austria, if a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council is required. In the United Kingdom, there is no written constitution, and parliament has the final authority on all quasi-constitutional matters.
| Characteristics | Values |
|---|---|
| Number of times the US Constitution has been amended | 27 |
| Who has the authority to amend the Constitution | Congress |
| Who administers the ratification process | Archivist of the United States |
| Who has delegated duties from the Archivist | Director of the Federal Register |
| What is the required majority in the National Council for an amendment to take effect | Two-thirds |
| What is the required majority in the Federal Council of Austria if the amendment limits the powers of the states | Two-thirds |
| What is the required majority in the Riksdag for a referendum on a draft constitutional measure | One-third |
| What is the required majority in the UK Parliament for changes to constitutional matters | Simple majority |
| What is the required majority in both houses of Congress for a proposed amendment | Two-thirds |
| What is the required number of states to ratify a proposed amendment | 38 of 50 (three-fourths) |
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What You'll Learn
Amendments to the US Constitution
A change in the US Constitution is called an amendment. Since the US Constitution was drafted in 1787, it has been amended 27 times, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791.
The process of amending the US Constitution is challenging and time-consuming. A proposed amendment must be approved by a two-thirds majority in both houses of Congress before being ratified by three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through the latter method. It repealed the Eighteenth Amendment, which had established the prohibition of alcohol.
There have been approximately 11,848 proposals to amend the Constitution since 1789, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress. However, none of the proposals made in recent decades have been successful. The last proposal to gain the necessary support in both the House and the Senate was the District of Columbia Voting Rights Amendment in 1978.
The amendments to the US Constitution have covered a range of topics, including women's suffrage, the prohibition of alcohol, the abolition of poll taxes, and the lowering of the minimum voting age. Some proposed amendments that have gained support from congressional leaders include those that would allow voluntary school prayer, make English the official language, and abolish the Electoral College.
While the US Constitution has a formal amendment process, other countries, such as the United Kingdom, have parliamentary sovereignty, allowing the legislature to make changes to constitutional matters without a special procedure. However, international treaties can also be enacted as constitutional law, as seen with the European Convention of Human Rights.
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Ratification by three-fourths of US States
The process of amending the US Constitution is outlined in Article V of the Constitution. After an amendment is proposed by Congress, it must be ratified by three-fourths (38 out of 50) of the States to become part of the Constitution. This can be done either through state legislatures or state ratifying conventions, with Congress deciding the mode of ratification.
The process begins with Congress proposing an amendment in the form of a joint resolution. This resolution is forwarded 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 and assembles an information package for the States, which includes formal copies of the resolution and the statutory procedure for ratification. The Archivist of the United States, who heads NARA, then submits the proposed amendment to the States by sending a letter of notification to each Governor.
Each Governor then formally submits the amendment to their state's legislature or a ratifying convention. Once an amendment has been ratified by the required number of states, the OFR verifies the receipt of authenticated ratification documents and 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.
In the history of the United States, the Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The process of amending the Constitution is deliberately difficult and time-consuming, ensuring that only significant changes affecting all Americans or securing citizens' rights are made.
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The UK's quasi-constitutional matters
A "change in the constitution" is typically referred to as a constitutional amendment.
The UK does not have a written constitution; instead, its constitution is spread across several sources, including specific Acts of Parliament, constitutional conventions, and court cases. This makes the UK's constitution different from many other countries, as its core aspects are not contained in a single legal source.
The UK's constitution includes principles such as parliamentary sovereignty, the rule of law, democracy, and internationalism. The Acts of Parliament that have shaped the UK's constitution include the Parliament Acts (1911-1949), which regulate the powers of the two Houses of Parliament, and the European Communities Act (1972), which incorporated European Community Law (later EU law) into UK domestic law.
The UK's constitution also includes constitutional conventions, which are unwritten agreements without legal force but remain integral to the constitution. Examples include the leader of the majority party becoming the Prime Minister, the House of Lords not vetoing secondary legislation, and the independence of the judiciary.
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Austria's Federal Council majority
A change in the constitution is called a constitutional amendment. In Austria, the National Council is the dominant house in the bicameral federal legislature, which also includes the Federal Council. The National Council is where Austria's federal legislative authority is concentrated; for a bill to become federal law, it must be passed by this chamber. Bills passed by the National Council are sent to the Federal Council for corroboration. The Federal Council is elected indirectly through the provincial assemblies (Landtage) of the nine states of the Federal Republic.
The Federal Council has a dilatory right of veto on most issues, which can be overridden by the National Council. However, it has absolute veto power over bills intended to alter the powers of the states or the Federal Council itself. If a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council of Austria is required. This could mean two-thirds of the Federal Councillors present (with attendance from at least half of all Councillors) or two-thirds of all Federal Councillors. If the amendment changes articles 34 or 35, the majority of councillors of at least four out of the nine states is also required.
The National Council can overrule a Federal Council objection by passing the bill again, but this requires a higher quorum than a regular resolution. In this way, the Federal Council can delay a bill, but the National Council can ultimately force it into law.
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Belgium's Federal legislative power
The Federal Parliament sits in the Palace of the Nation in Brussels and is made up of 150 members who are directly elected via universal suffrage. The Chamber of Representatives holds its plenary meetings in the Palace of the Nation, while the Senate holds its plenary meetings in the same building. The Chamber of Representatives has sole power to legislate on matters including naturalizations, ministerial liability, the state budget, and military quotas.
The Belgian federal system is made up of five components: the Flemish Community, French Community, German-speaking Community, Walloon Region, and Brussels-Capital Region. Each of these components has its own directly elected unicameral council or parliament, and they vote on decrees or ordinances that hold the same value and are on the same juridical level as federal laws.
The Belgian Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. To amend the Constitution, the federal legislative power must declare the reasons for revising it in accordance with Article 195. This is done through two so-called Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government.
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Frequently asked questions
A change in the constitution is called an amendment.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
The process of amending the Constitution involves two methods: the first requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the members present, and the second method involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures.
The Constitution has been amended 27 times since it was drafted in 1787.
Yes, international treaties can be enacted as constitutional law. For example, the European Convention on Human Rights is considered constitutional law.
