Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or they can be appended to the end of the main text, leaving the body of the original text intact. The process of amending a constitution varies across jurisdictions, but it is generally a difficult and time-consuming process. For example, the United States Constitution has only been amended 27 times since it was drafted in 1787, with amendments requiring a two-thirds majority vote in both the House of Representatives and the Senate.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified on December 15, 1791, as the Bill of Rights |
| Authority to amend the US Constitution | Derived from Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal | By a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | By three-fourths of the States (38 out of 50) |
| Amendment process | Time-consuming and difficult |
| Amendment enactment | Requires passing a special procedure that is more stringent than ordinary legislation |
| Special procedures | Supermajorities in the legislature, direct approval by electorate in a referendum, or a combination of both |
| Amendment drafting and recording | Formal differences across jurisdictions |
| Amendment type | Revisions to previous text or appended as special articles of amendment |
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What You'll Learn
The amendment process
In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. This means that portions of the original text may be deleted or new articles may be inserted among existing ones. Alternatively, amendments can be appended to the end of the main text, leaving the body of the original text intact. In this case, the doctrine of implied repeal applies, and in the event of a conflict, an article of amendment will usually take precedence over the provisions of the original text.
In the United States, the authority to amend the Constitution is derived 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, or by a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. 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).
Other countries, such as Ireland, Estonia, and Australia, have different procedures for amending their constitutions. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but must also be approved in a referendum to become law. Switzerland has a similar procedure to Australia. In contrast, the former constitution of the US state of Alabama was amended 977 times between its adoption in 1901 and its replacement in 2022.
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How to propose an amendment
An amendment is a change or addition to a country's constitution. In the United States, the process of amending the Constitution is a difficult and time-consuming task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, also known as the Bill of Rights, which were adopted in 1791.
To propose an amendment, the following steps can be taken:
- The Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This requires a quorum, or a minimum number of members present, and the vote must be of two-thirds of the members present, not of the entire membership. This first method ensures that the amendment has broad support in both chambers of Congress.
- Alternatively, two-thirds of the state legislatures (34 out of 50 states) can apply to Congress to call for a Constitutional Convention to propose amendments. This option has never been used, but it provides a pathway for states to initiate the amendment process directly.
- Once an amendment is proposed, either by Congress or a Constitutional Convention, it must be ratified, or approved, by three-fourths of the state legislatures (38 out of 50 states). This ensures that any change to the Constitution has widespread support across the country.
- During the ratification process, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the process. The Archivist works with the Director of the Federal Register to ensure the proper procedures are followed.
- When an amendment is ratified by enough states, the Director of the Federal Register examines the ratification documents for legal sufficiency and authenticity.
- If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted.
- The Director then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
- The certification is published in the Federal Register and other official publications, serving as official notice that the amendment process is complete.
It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. The amendment process in the United States is designed to be deliberate and challenging, ensuring that any changes to the Constitution are carefully considered and broadly supported.
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Ratification of an amendment
An amendment is a change or addition to a country's constitution. In the context of the United States Constitution, amendments are changes or additions to the original document that was drafted in 1787.
The process of amending the United States Constitution is deliberately difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted, including the first 10 amendments, known as the Bill of Rights, which were ratified on December 15, 1791.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by either Congress or a constitutional convention. If Congress proposes an amendment, it must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process.
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 submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. 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.
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 Office of the Federal Register (OFR) examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the OFR retains them until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
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.
In summary, the ratification of an amendment to the United States Constitution involves a complex process that begins with a proposal by Congress or a constitutional convention, followed by a submission to the States for ratification, and finally, the certification of the amendment by the Archivist of the United States once it has been ratified by a sufficient number of States.
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The number of amendments
An amendment is a change or addition to the constitution. In the United States, the Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. The process of amending the Constitution is deliberately difficult and time-consuming. 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 (38 out of 50 states).
There have been approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789. Thirty-three amendments have been proposed by Congress and sent to the states for ratification, but only 27 have been successfully ratified by the requisite number of states. Six proposed amendments have not been ratified, with four still pending, one closed and failed by its own terms, and one closed and failed by the terms of the resolution proposing it.
The authority to amend the Constitution comes from Article V of the Constitution. The Archivist of the United States is responsible for administering the ratification process, and upon successful ratification, the Archivist issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
The process of amending the Constitution was designed to strike a balance between the need for change and the need for stability. As Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come."
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Amendments in other countries
Amendments to a country's constitution are a common feature of democratic nations. The process and ease of amending a constitution vary from country to country. Some constitutions, for example, use entrenched clauses to restrict the kind of amendments that can be made, often to protect characteristics of the state, such as human rights and democratic government. Amendments may also be forbidden during a state of emergency or martial law.
Ethiopia
The Ethiopian Constitution 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, according to Article 105. Chapter Three, which covers human and democratic rights, and Articles 104 and 105 are almost impossible to amend, requiring total consensus from the federal regional states and two-thirds of each house of Parliament. Each regional state has a veto right over amendments to these articles.
South Africa
The South African Constitution can be amended by an Act of Parliament, but special procedures and requirements apply. A bill to amend the constitution must be introduced in the National Assembly and can only contain provisions related to the amendment and directly related matters.
Albania
The Albanian Constitution sets out the process for amendment under Article 177 within "Part 17: Amending The Constitution". An initiative to amend the constitution must be taken by at least one-fifth of the members of the Assembly. A proposed amendment must be approved by at least two-thirds of all members of the Assembly. No amendment can take place when extraordinary measures are in effect.
Serbia
The Serbian Constitution sets out the process for amendment between Articles 203 to 205 under "Part 9: Amending The Constitution". Parts of the Constitution related to the judiciary were amended in 2022.
Spain
The Spanish Constitution can be amended through procedures detailed between Articles 166 to 169 under "Part X: Constitutional Amendment". Additional details are provided between Sections 71 to 76.
Sweden
The Swedish Constitution consists of four fundamental laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression. The Instrument of Government, under "Chapter 8. Acts of law and other provisions", contains provisions on amending the constitution.
European Union
When amendments relate to EU policies and internal actions, the European Council unanimously adopts a decision after consulting the commission, the Parliament, and the European Central Bank (if monetary matters are involved). New treaty provisions only enter into force after ratification by all EU countries according to their own constitutional procedures.
United Kingdom
The British system does not have an entrenchment clause, meaning that each Parliament has unbridled democratic power to effect rapid and dramatic change. No parliament can bind its successor, and there is no effective entrenchment clause to restrict future governments.
Germany
Under Article 79 (3) of the German Basic Law, modification of the federal nature of the country, or abolition or alteration of Article 1 (human dignity, human rights, and immediate applicability of fundamental rights as law) or Article 20 (democracy, republicanism, rule of law) is prohibited.
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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 can directly alter the text of the constitution or be appended to it as supplemental additions.
The process of amending a constitution varies across jurisdictions. In the United States, for example, an amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures. In other countries, like Ireland and Australia, amendments must be passed by the legislature and then approved in a referendum.
There have been 27 amendments to the United States Constitution, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791.
The process for amending the United States 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 and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. 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 framers of the United States Constitution made the amendment process difficult to ensure its longevity. Amendments are reserved for significant changes that affect all Americans or secure the rights of citizens. Additionally, the amendment process is time-consuming and requires approval from a supermajority of both houses of Congress and a majority of state legislatures.
