Simone Lawson
The process of amending a constitution is a complex and time-consuming endeavour that varies across different nations. In the United States, Article V of the Constitution outlines two methods for proposing amendments: the first involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method, never utilised, involves a convention called by Congress at the request of two-thirds of state legislatures. Amendments become operative once ratified by three-fourths of state legislatures or state ratifying conventions. The process for amending the California State Constitution offers three methods: legislative, constitutional convention, or voter initiative. In contrast, the South African Constitution can be amended by an Act of Parliament, with amendments introduced in the National Assembly and passed by an absolute two-thirds supermajority.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who can propose an amendment? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the State legislatures |
| Who is responsible for administering the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Number of amendments to the US Constitution | 27 |
| Difficulty of amending the Constitution | Very difficult and time-consuming |
| Number of proposed amendments to the California State Constitution | Three methods: by the legislature, by constitutional convention, or by voter initiative |
| Number of methods for proposing amendments to the Tennessee State Constitution | Two methods: through the legislature and by constitutional convention |
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What You'll Learn
The US Constitution's Article V
The process of introducing a new amendment to the US Constitution is called the amendment process.
Article V of the US Constitution outlines the amendment process, which is designed to be difficult and time-consuming. A proposed amendment must be passed by 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. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states, as specified by Congress. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
The amendment process has only been successfully completed 27 times since the Constitution was drafted in 1787, including the first 10 amendments adopted as the Bill of Rights. The difficulty of amending the Constitution is intentional, as Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come."
The process of amending the Constitution is a formal and rigorous procedure, with specific requirements and steps that must be followed. While it is possible to propose and ratify amendments, it is important to note that the bar for a successful amendment is set high, and the process is deliberately challenging to ensure that any changes made are well-considered and have a significant impact on the country and its citizens.
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Amending the Constitution
Article V of the United States Constitution outlines the process for amending the Constitution. There are two methods for proposing amendments: through Congress or by constitutional convention. For the Congressional method, a two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. It's important to note that the President doesn't have a constitutional role in this process. The second method involves a constitutional convention called for by two-thirds of the state legislatures, which has never occurred.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways: through the legislatures of three-fourths (38 out of 50) of the states or by ratifying conventions in three-fourths of the states. This process was utilised only once in American history for the 1933 ratification of the Twenty-First Amendment.
The process of amending state constitutions, such as California and Tennessee, may vary. In California, there are three methods: by the legislature, constitutional convention, or voter initiative. Tennessee, on the other hand, offers two methods: through the legislature or by constitutional convention. These processes involve specific requirements, such as majority votes, referendums, and publications.
Overall, amending the Constitution, whether at the federal or state level, is a complex and deliberate process designed to ensure that changes are thoroughly considered and supported by a significant portion of the country's population.
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The ratification process
The process of introducing a new amendment to the US Constitution is called the Amendment Process. This process is very difficult and time-consuming, as the framers of the Constitution intended.
- An amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which 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 to the joint resolution and publishes it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
- The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist notifies the states, by registered letter to each state's Governor, that an amendment has been proposed.
- The Governors then formally submit the amendment to their State legislatures. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment.
- 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 good order, the Director acknowledges receipt and maintains custody of them.
- Once the OFR verifies that it has received the required number of authenticated ratification documents (ratification by three-fourths of the States, or 38 out of 50 States), 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
It is important to note that, historically, no amendments to the US Constitution have been proposed by a constitutional convention. Instead, all amendments have originated in Congress and been ratified by the state legislatures. Additionally, the President does not have a constitutional role in the amendment or ratification process, and joint resolutions do not require presidential approval.
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Congress proposes an amendment
The process of amending the Constitution of the United States 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, which were adopted as the Bill of Rights four years later. The framers of the Constitution made it challenging to amend the document to ensure its longevity.
The authority to propose amendments to the Constitution is derived from Article V of the Constitution. Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is 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 then adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the states, which includes formal "red-line" copies of the joint resolution, as well as copies in slip law format.
Once the proposed amendment is received by the OFR, the Archivist of the United States, who heads 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 the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is 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. 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.
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State legislatures' role
The process of amending the US Constitution is outlined in Article V of the Constitution. This article provides two methods for proposing amendments:
The Role of State Legislatures
State legislatures play a crucial role in the amendment process, as they have the power to initiate the proposal of amendments. If two-thirds of state legislatures (34 out of 50) make an application, they can request that Congress call a constitutional convention for proposing amendments. This method has never been used, but state legislatures have used their power to apply for a national convention to pressure Congress into proposing a desired amendment.
Once an amendment has been proposed, either by Congress or a national constitutional convention, it must then be ratified. Ratification can occur in two ways, as determined by Congress:
- Ratification by State Legislatures: The legislatures of three-fourths of the states (38 out of 50) must ratify the amendment.
- Ratification by State Ratifying Conventions: Three-fourths of the states (38 out of 50) must hold ratifying conventions to approve the amendment. This method has only been used once in American history, for the ratification of the Twenty-First Amendment in 1933.
The vote of each state, whether to ratify or reject a proposed amendment, carries equal weight, regardless of the state's population or length of time in the Union. When 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 maintains custody of these documents until an amendment is adopted or fails.
In summary, while the initiation of the amendment process typically begins with Congress, state legislatures play a critical role in proposing amendments through their power to request a constitutional convention. Ultimately, the success of an amendment depends on ratification by a sufficient number of state legislatures or state ratifying conventions.
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Frequently asked questions
Introducing a new amendment to the US Constitution is simply called the amendment process.
The process is outlined in Article V of the US Constitution. It requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention requested by two-thirds of the state legislatures. Once proposed, an amendment must be ratified by three-fourths of the state legislatures or ratifying conventions in three-fourths of the states.
There have been 27 amendments added to the US Constitution since it was drafted in 1787. The first 10 amendments were adopted simultaneously and are known as the Bill of Rights.
