Omar Bennett
A constitutional amendment is a modification of the constitution of a polity, organisation, 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 constitution as supplemental additions, changing the frame of government without altering the existing text. In the United States, the Constitution has 27 amendments, with the first 10 known as the Bill of Rights. The process of amending the US Constitution involves a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states (38 out of 50). This process is administered by the Archivist of the United States, who certifies the validity of the amendment once it has been ratified by the requisite number of states.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. |
| Types | Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document. |
| Procedures | Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. |
| Jurisdictional Differences | In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or veto power. |
| Textual Changes | Amendments typically take the form of revisions to the previous text, with portions of the original text being deleted or new articles inserted. Less commonly, amendments are appended to the end of the main text as special articles of amendment, leaving the original text intact. |
| US-Specific Process | 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, or by a constitutional convention called for by two-thirds of the state legislatures. The proposed amendment is then sent to the states for ratification, requiring approval by three-fourths of the states (38 out of 50) to become part of the Constitution. |
| US Amendment Statistics | Since 1789, approximately 11,848 proposals to amend the US Constitution have been introduced in Congress, with 33 amendments proposed and sent to the states for ratification. Of these, 27 amendments have been successfully ratified and are part of the Constitution, while 6 amendments have not been ratified by the required number of states. |
Explore related products
What You'll Learn
The US constitutional amendment process
The US Constitution has 27 amendments, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The authority to amend the Constitution of the United States 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.
Congress proposes an amendment in the form of a joint resolution, which is 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 to the joint resolution and publishes it in slip law format. An information package is then assembled for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
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. The OFR examines 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.
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 then 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 to Congress and the Nation that the amendment process has been completed. The signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
The Twenty-Second Amendment: Limiting Presidential Terms
You may want to see also
The role of the Archivist
The Archivist of the United States plays a crucial role in the constitutional amendment process. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process when an amendment is proposed by Congress.
Once Congress proposes an amendment, it is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the joint resolution in slip law format, along with assembling an information package for the States. This package includes formal "red-line" copies and copies in slip law format.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The OFR examines these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
The OFR retains these documents until an amendment is adopted or fails. Once an amendment is ratified by three-fourths of the States (38 out of 50), the OFR drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's signature on this certification has become a ceremonial function attended by dignitaries, which may include the President.
Andrew Johnson's Opposition to the Fourteenth Amendment
You may want to see also
Ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. After an amendment is proposed by Congress or a national convention of the states, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This can be done through the state legislatures or state ratifying conventions, with Congress determining the mode of ratification.
Once a state ratifies a proposed 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 has delegated many of the duties associated with this function to the Director of the Federal Register. The Director 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.
When the Office of the Federal Register (OFR) receives 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 various dignitaries, including the President on some occasions.
To date, 33 amendments to the Constitution have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been successfully ratified by the requisite number of states and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through the state ratifying convention process and is also the only one that explicitly repeals a prior amendment, ending prohibition.
The Presidential Succession Plan: A Constitutional Amendment
You may want to see also
Explore related products
Congress and the President
The process of amending the US Constitution is outlined in Article Five of the Constitution. Notably, the President does not have a constitutional role in this process. Instead, the authority to amend the Constitution is shared by Congress and the state legislatures.
Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This joint resolution does not go to the White House for signature or approval and is instead sent directly to the National Archives and Records Administration (NARA) for processing and publication. The Director of the Federal Register, who is part of NARA, adds legislative history notes to the joint resolution and publishes it in slip law format.
Once an amendment has been proposed by Congress, it must be ratified to become an operative part of the Constitution. Ratification can occur via the legislatures of three-fourths of the states or through state ratifying conventions in three-fourths of the states. Congress has specified the state legislature ratification method for all but one amendment, the Twenty-first Amendment, which was ratified through state conventions in 1933.
It is important to note that the President does not have a direct role in the amendment process, but they may be involved in ceremonial functions. For example, President Johnson and President Nixon witnessed the certification of amendments. Additionally, Congress can provide a deadline for ratification, and if an amendment is not ratified by the required number of states within the set time, it is considered inoperative.
The Direct Election of Senators Amendment
You may want to see also
Amendments in other countries
The constitutions of various countries have different procedures for amendments. For instance, the Constitution of Ethiopia can be modified only by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. Certain parts of the constitution, such as Chapter Three, which covers human and democratic rights, are almost impossible to amend as they require the total consensus of the federal regional states and two-thirds of each house of Parliament.
The Constitution of Albania outlines the process for amendments in Article 177 within "Part 17: Amending The Constitution". It requires an initiative for amending the Constitution from at least one-fifth of the members of the Assembly, and a two-thirds majority approval from all members of the Assembly.
The British system does not have entrenchment clauses, which means that each new parliament is not bound by the decisions of the previous one, and can make rapid and dramatic changes. Some critics argue that this is a weakness, while others see it as a strength of the democratic system.
The German Basic Law has entrenchment clauses that protect certain characteristics of the state, such as human dignity and human rights, which cannot be modified.
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 Constitution of Serbia also outlines the process for amendments in Articles 203 to 205 under "Part 9: Amending The Constitution".
The process of amending a constitution varies from country to country, with some having more rigid requirements than others.
The Fourth Amendment: Protecting Privacy, Preventing Unreasonable Searches
You may want to see also
Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments can directly alter the text of the constitution, or they can be appended to the end of the document as supplemental additions, changing the frame of government without altering the existing text.
Amendments to the United States Constitution 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 the State legislatures.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Of these, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these have been ratified by the requisite number of states and are now part of the Constitution.
When an amendment is proposed, the original document is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). This can be done through the legislatures of three-fourths of the states, or state ratifying conventions in three-fourths of the states. Once an amendment has been ratified, the Archivist of the United States certifies that it is valid and has become part of the Constitution.
