Isabella Carter
A constitutional amendment is a modification of the constitution of a political or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the end of the document as supplemental additions, changing the frame of government without altering the original text. The process for amending a constitution varies across jurisdictions. For example, in the United States, a proposed amendment originates as a joint resolution of Congress, while in countries like Ireland, Estonia, and Australia, amendments take the form of Acts of Parliament. 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 in a referendum. With 27 amendments since its drafting in 1787, including the first 10 amendments (the Bill of Rights), the United States Constitution exemplifies the challenging nature of the amendment process.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Difficulty of the amendment process | Very difficult and time-consuming |
| Proposal process | 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 |
| Ratification process | Ratified by three-fourths of the States (38 out of 50) |
| Authority to amend | Derived from Article V of the Constitution |
| Role of the President | None in the amendment process |
| Role of the Archivist of the United States | Administers the ratification process and certifies the validity of the amendment |
| Role of the Director of the Federal Register | Assists the Archivist in administrative duties and signs the certification as a witness |
| Example of a failed amendment | ERA Amendment in the 1980s |
| Example of a proposed amendment topic | Congressional term limits and a balanced budget |
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What You'll Learn
The process of amending the US Constitution
The authority to amend the Constitution comes from 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. However, in practice, all 27 amendments to date have been proposed by Congress. The President does not have a constitutional role in this process.
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 National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) plays a crucial role in the process. It receives the proposed amendment, adds legislative history notes, and publishes it in slip law format. The OFR also prepares an information package for the states.
When the OFR confirms receiving the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist of the United States to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, officially notifying Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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The number of amendments to the US Constitution
The process of amending the US Constitution is deliberately difficult and time-consuming. According to 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, two-thirds of state legislatures (34 out of 50) can request that Congress call a Constitutional Convention to propose an amendment. However, this has never happened. 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.
Since the US Constitution was drafted in 1787, there have been 27 amendments, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. The process of amending the Constitution is so challenging that, despite over 11,000 proposed amendments, only 27 have been ratified.
The amendments to the US Constitution cover a range of issues, including the rights of citizens, the election and term limits of the President, and the powers of Congress and individual states. For example, the First Amendment protects freedom of speech, religion, and the press, while the Second Amendment guarantees the right to keep and bear arms. The Fourth Amendment addresses searches and seizures, and the Eighth Amendment prohibits cruel and unusual punishment.
While the amendment process is designed to be challenging, some critics argue that it has become too difficult to amend the Constitution, leading to overreactions to political dissatisfaction. Others counter that not all political fixes belong in the Constitution, using Prohibition as an example.
In recent years, there have been calls for various amendments, including those related to congressional term limits, a balanced budget, outlawing flag burning, and voluntary school prayer. However, not all proposed amendments gain enough support to be ratified, such as the ERA Amendment in the 1980s.
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The history of amendments to the US Constitution
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution understood that it would need to be amended to confront future challenges and adapt to the nation's growth. They made the amendment process deliberately difficult to ensure the Constitution's longevity.
The Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments include the right to free speech, freedom of religion, and the right to bear arms. The 11th Amendment, ratified in 1793, was the first to be framed in direct response to a Supreme Court verdict. It removes all cases involving suits between states from federal court jurisdiction.
The 19th Amendment, ratified in 1920, forbids the United States or any state from denying or abridging the right to vote based on sex. Despite this, many women of colour continued to face voter suppression until the Voting Rights Act of 1965. The 24th and 25th Amendments were certified by President Johnson, while President Nixon witnessed the certification of the 26th Amendment.
The amendment process is a two-step procedure, as outlined in Article V of the Constitution. An amendment must be proposed and then ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. 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 the state legislatures. However, no amendment has ever been proposed by a constitutional convention.
Over 11,000 amendments to the Constitution have been proposed, but only 27 have been ratified. The process is designed to be challenging and time-consuming, ensuring that only significant changes that impact all Americans or secure citizens' rights are made to the Constitution.
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The role of Congress in proposing amendments
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress plays a crucial role in proposing amendments, as outlined in the following paragraphs.
Congress Initiates the Amendment Process: Whenever two-thirds of both Houses of Congress deem it necessary, they can propose amendments to the Constitution. This requires a two-thirds majority vote in both the House of Representatives and the Senate, demonstrating a strong consensus within Congress that a change to the Constitution is warranted.
Joint Resolution: When Congress proposes an amendment, it does so in the form of a joint resolution. This means that the amendment proposal is not sent to the White House for the President's signature or approval, as the President does not have a constitutional role in this process. Instead, the joint resolution is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
Information Package for States: The OFR plays a crucial role in facilitating the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the States. This package includes formal "red-line" copies of the joint resolution, copies in slip law format, and other relevant statutory information.
Submission to States for Ratification: After Congress proposes an amendment, the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist submits the proposed amendment to the States by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. At this point, the amendment is in the hands of the States for their consideration and potential ratification.
Ratification and Certification: For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). 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. This certification confirms that the amendment is valid and has officially become part of the Constitution. The 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 Congress has the power to initiate the amendment process, the ultimate success of an amendment depends on ratification by a sufficient number of States. This process ensures that any changes to the Constitution reflect the will of both Congress and the American people, as expressed through their state legislatures or conventions.
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The role of the President in the amendment process
The President of the United States does not have a constitutional role in the amendment process. The Constitution outlines that an amendment may 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. As such, the joint resolution does not go to the White House for signature or approval.
However, the President may play an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after Congress approved them. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson, for instance, signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon did the same for the 26th Amendment.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, 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, who follows procedures and customs established by the Secretary of State and the Administrator of General Services. Once a proposed amendment is ratified by three-fourths of the States (38 out of 50), 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 to Congress and the Nation that the amendment process is complete.
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Frequently asked questions
An amendment to the Constitution is a modification or alteration that changes the frame of government. Amendments are either interwoven into the relevant sections of an existing constitution or appended as supplemental additions.
The US 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, 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).
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted in 1791 as the Bill of Rights.
The process of amending the US Constitution is derived from Article V of the Constitution. It involves proposing an amendment, ratifying it, and then certifying it.
Some examples of proposed amendments to the US Constitution include those related to congressional term limits, a balanced budget, outlawing flag burning, crime victims' rights, and voluntary school prayer.
