Isabella Carter
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often necessary because of the length and complexity of state constitutions. The process of amending a constitution varies depending on the country and its specific requirements. In the United States, the Constitution has been amended 27 times since it was drafted in 1787, and the process is outlined in Article V of the Constitution. A proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by three-fourths of the state legislatures. Other countries, such as Austria, Belgium, and Turkey, have their own unique processes and requirements for amending their constitutions. The content of amendments is also important, as they should have a major impact on the country, secure the rights of citizens, or address necessary changes to the frame of government.
| Characteristics | Values |
|---|---|
| Purpose | To secure the rights of citizens or address an issue that affects all Americans |
| Difficulty | A high bar is set for amending the Constitution, with a two-thirds majority required in both houses of Congress |
| Ratification | Requires ratification by three-fourths of the states |
| State Involvement | States can initiate the amendment process or pressure Congress to propose a desired amendment |
| Referendum | In some cases, a referendum is required for approval, as seen in Turkey's 2017 constitutional referendum |
| Special Procedures | Some jurisdictions require supermajorities or direct approval by the electorate |
| Convention | A constitutional convention can be called by two-thirds of state legislatures, although this method has never been used |
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What You'll Learn
The process of amending the US Constitution
Proposal by Congress or Constitutional Convention
The first step in amending the Constitution is proposing an amendment. This can be done through two methods. The most common method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The other method, which has never been used, is for a constitutional convention to be called by two-thirds of the State legislatures, followed by a majority vote of state delegations.
Submission to State Legislatures
Once an amendment is proposed, it is submitted to the State legislatures. The Governors formally submit the amendment to their respective State legislatures, or a convention is called, depending on Congress's specifications. State legislatures can take action on a proposed amendment before receiving official notice.
Ratification by the States
For an amendment to become part of the Constitution, it must be ratified by at least three-fourths of the States (38 out of 50). When a State ratifies an amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many duties to the Director of the Federal Register (OFR), who examines the ratification documents for authenticity and legal sufficiency.
Certification and Publication
Once the OFR verifies 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. The signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
Amending the US Constitution is a complex and rigorous process, ensuring that any changes made to the nation's foundational document are carefully considered and widely accepted.
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Amendments to the US Constitution in history
The process of amending the US Constitution is deliberately difficult and time-consuming. As Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come". To date, there have been 27 amendments to the Constitution, the first 10 of which were ratified in 1791 and are known as the Bill of Rights.
Amendments can 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 state legislatures. However, none of the 27 amendments have been proposed by constitutional convention. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The process of amending the Constitution is not described in detail in Article V of the Constitution or 1 U.S.C. 106b. 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.
Some examples of amendments that have been proposed or are currently being discussed include:
- Congressional term limits and a balanced budget amendment
- Outlawing flag burning
- Crime victims' rights amendment
- Voluntary school prayer
- Making English the official language
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The role of Congress in proposing amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. The Congress plays a crucial role in proposing amendments, which can be done in two ways. Firstly, Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This is the method by which all 27 amendments to the Constitution have been proposed. The amendment is then forwarded 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 and publishes the amendment in slip law format, creating an information package for the States.
The second method, which has never been used, involves Congress calling a convention for proposing amendments at the request of two-thirds of the State legislatures. This method allows states to exert pressure on Congress to propose a desired amendment. Once an amendment is proposed, the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs, with the Director assuming many of the ministerial duties.
The proposed amendment is then submitted to the States for their consideration, with the Archivist sending a letter of notification to each Governor along with informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50).
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State legislatures' power to pressure Congress
The process of amending the US Constitution is outlined in Article V of the Constitution. This process allows for state legislatures to exert pressure on Congress in several ways. Firstly, state legislatures can propose amendments to the Constitution without requiring the consent of the federal government. This is done through a constitutional convention called for by two-thirds of the state legislatures or 34 states. While this method has never been used to propose an amendment, it serves as a mechanism for states to initiate the amendment process and influence the direction of constitutional changes.
Secondly, state legislatures play a crucial role in the ratification process of proposed amendments. After Congress proposes an amendment, it is submitted to the states for ratification. State legislatures have the power to act on these proposals, and their ratification decisions carry significant weight. For an amendment to become part of the Constitution, ratification by three-quarters of the states (38 out of 50) is required. This means that state legislatures have the ability to significantly impact the outcome of the ratification process and, consequently, the adoption of amendments.
Additionally, state legislatures can pressure Congress by leveraging their influence over federal elections. State legislatures have the authority to regulate federal elections within their states, including the power to establish congressional districts. This power enables them to influence the composition of Congress and, by extension, shape the political landscape at the federal level. State legislatures are often viewed as a pipeline for higher office, with many national politicians starting their careers in these legislative bodies. This dynamic further underscores the potential influence that state legislatures can exert on Congress and federal policymaking.
Moreover, state legislatures can exert pressure on Congress by responding to constituent pressure and grassroots movements within their states. Constituent involvement in the legislative process, such as through direct engagement, public testimony, or written statements, can shape the priorities and decisions of state legislators. By representing the interests and will of their constituents, state legislatures can influence Congress to address specific concerns or consider certain amendments.
State legislatures also possess the power to propose amendments that restrain the scope and power of the federal government. This ability, provided by Article V of the Constitution, allows states to act as a check on potential abuses of power by Washington, DC. By calling for an Amending Convention, state legislatures can propose amendments that impose fiscal restraints, limit the power and jurisdiction of the federal government, and establish term limits for its officials and members of Congress. This mechanism empowers states to push for a more balanced distribution of power between the states and the federal government.
In conclusion, state legislatures have several avenues to pressure Congress and influence the amendment process of the US Constitution. By proposing amendments, controlling the ratification process, leveraging their role in federal elections, responding to constituent pressure, and restraining federal power, state legislatures play a significant role in shaping the direction of constitutional changes and ensuring that the interests of their states are represented.
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International examples of constitutional amendments
Bulgaria
Bulgaria's constitution outlines a special amendment procedure (Articles 157–163) that is the only way to revise the country's international borders, change the form of government, or suspend citizens' rights. This procedure involves electing a Great National Assembly consisting of 400 deputies, followed by passing the amendments with a two-thirds majority in three successive readings.
Czech Republic
In the Czech Republic, a constitutional act can only be passed with the agreement of three-fifths of all Deputies and Senators present in both houses of Parliament. This type of legislation does not require the President's signature to become law.
Japan
Japan's constitution, implemented after World War II, includes a special provision, "Article 9: Renunciation of War." This article reflects Japan's commitment to international peace and includes a renunciation of war as a sovereign right and a pledge to never maintain military forces.
European Union
The Treaties of the European Union serve as the constitutional basis for the EU and have undergone revisions through intergovernmental conferences and consensus-building. Ordinary revisions relate to key changes in the competences of the EU, while simplified revisions address policies and internal actions.
Austria
Austria's constitution is known for its liberal approach to amendments. Any parliamentary legislation can become constitutional law if it meets the required supermajority and other formalities. However, frequent amendments have led to a proliferation of "constitutional garbage," with numerous provisions spread throughout the legal system.
India
The Indian Constitution is the most amended national constitution globally, with 106 amendments since 1950. The high level of detail in the constitution means that many issues must be addressed through amendments, resulting in an average of two amendments per year. There are three types of amendments, requiring simple majorities or special majorities in each house of Parliament.
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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.
There is no one-size-fits-all answer to this question, as the "goodness" of an amendment depends on the specific needs and priorities of a given society at a given time. However, a good amendment to the US Constitution would likely address a significant issue affecting a large portion of Americans or help secure the rights of citizens. For example, an amendment to outlaw flag burning or to protect the rights of crime victims has been gaining support.
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment can be proposed by 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 must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
