Isabella Carter
The process of amending a constitution varies across different nations and states. Generally, amending a constitution is more difficult than passing ordinary legislation and requires a special procedure. For example, the U.S. Constitution has been amended only 27 times since 1787, and amendments must 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. Similarly, in France, amendments must first be passed by both houses with identical terms before being approved by a simple majority referendum or a three-fifths majority of the two houses of parliament. In contrast, state constitutions in the U.S. are amended more frequently, with some states amending their constitutions more than three to four times per year on average.
| Characteristics | Values |
|---|---|
| Country | United States |
| Number of amendments since drafting | 27 |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Three-fourths of the states (38 of 50 states) |
| Amendment ratification alternative | Conventions in three-fourths of the states |
| Amendment procedure | More stringent than the process for passing ordinary legislation |
| Amendment procedure examples | Supermajorities in the legislature, direct approval by the electorate in a referendum |
| Amendment procedure in Australia | Amendments must first be passed by the legislature before being submitted to the people |
| Amendment procedure in Ireland | Amendments must be approved by the lower and upper houses of the Oireachtas, and a simple majority of those voting at the electorate |
| Amendment procedure in France | Approval by both houses with identical terms, then a simple majority in a referendum or a three-fifths majority of the two houses of the French parliament |
| Amendment procedure in Germany | The Basic Law may be amended only by a law expressly amending or supplementing its text |
| Amendment procedure in Bulgaria | Election for a Great National Assembly, then amendments passed by two-thirds majority in three successive readings |
| Amendment procedure in the Czech Republic | Agreement of three-fifths of all Deputies and Senators present at the time the proposed act is laid before each house of Parliament |
| Amendment procedure in China | Proposal of one-fifth of the total number of delegates to the National Assembly and a resolution of three-fourths of the delegates present at a meeting |
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What You'll Learn
Two-thirds majority in both the House of Representatives and the Senate
The process of amending a constitution varies from country to country, and even from state to state. In the United States, the Constitution can be amended by a two-thirds majority vote in both the House of Representatives and the Senate. This is known as the first method of proposing amendments, and it has been the only method used thus far. This process falls under Article V of the United States Constitution, which outlines the procedures for amending the document.
To be clear, a two-thirds majority vote is calculated based on the members present and not the entire membership, including those absent. This vote is also known as a supermajority vote, which is more than a simple majority but less than a unanimous decision.
The United States Constitution has been amended 27 times since it was drafted in 1787, including the first ten amendments, known as the Bill of Rights. The process of amending the Constitution is deliberately difficult and time-consuming, as the framers intended for the document to "endure for ages to come." As such, a two-thirds majority vote in both the House and the Senate is a significant hurdle for any proposed amendment to clear.
While the United States Constitution has never been amended through a constitutional convention, it is worth noting that this is another option provided for in Article V. Two-thirds of state legislatures can request Congress to call such a convention, and amendments proposed in this manner would still need to be ratified by three-fourths of the states.
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Proposal by one-fifth of the National Assembly delegates
The process of amending a constitution varies from country to country. In the United States, for instance, the Constitution can be amended either by a joint resolution 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 former method is the only method that has been used thus far.
In the Republic of China, Article 174 of the Constitution outlines that amendments can be proposed by one-fifth of the total number of delegates to the National Assembly and then passed by a resolution of three-fourths of the delegates present at a meeting with a quorum of two-thirds.
In Bulgaria, a special amendment procedure is the only way to make changes to the country's international borders, form of government, application of the Constitution and international treaties, or to suspend citizens' rights. This procedure involves an election for a Great National Assembly, consisting of 400 deputies, 200 of whom are elected by proportional vote and the other 200 by the first-past-the-post method. Amendments are then passed by a two-thirds majority in three successive readings.
The Czech Republic has a similar two-thirds majority requirement for passing constitutional acts, but it also requires the agreement of three-fifths of all Deputies and Senators present at the time the proposed act is laid before each house of Parliament.
Other countries, such as Australia, Ireland, and Switzerland, require that all amendments be first passed by the legislature before being submitted to the people for approval. In Ireland, a simple majority of those voting is required, while Australia and Switzerland have more complex criteria, including the need for a majority of voters in a majority of states.
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Approval by a simple majority in a referendum
Gaining approval by a simple majority in a referendum is one of the ways to amend a constitution. This method is used in France, Ireland, and Australia, and it involves putting a proposed amendment to a public vote. The proposal is approved if a simple majority (i.e., more than 50%) of those voting in the referendum support it.
In France, a constitutional amendment must first be passed by both houses of parliament with identical terms before being put to a referendum. Ireland's constitution can only be modified by referendum, following a proposal approved by the lower and upper houses of the Oireachtas (legislature) and citizens entitled to vote for the President. No quorum is required for the referendum, meaning that there is no minimum number of votes needed for the result to be valid.
Australia has a more complex set of criteria, requiring a majority of voters in a majority of states. Switzerland has a similar procedure to Australia. In the United States, constitutional amendments are 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, no amendment has been proposed by a constitutional convention to date. 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).
While some countries require a simple majority in a referendum to amend their constitutions, others may have different requirements, such as supermajorities in the legislature or a combination of multiple procedures. The process of amending a constitution varies from country to country, and it is generally designed to be a challenging and time-consuming task to ensure the document's longevity.
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Ratification by three-fourths of the States
To achieve ratification, an amendment must be approved by three-fourths (38 out of 50) of the States. This can be done through the State legislatures or by Conventions in three-fourths of the States, as determined by Congress. The process of ratification begins when a State ratifies a proposed amendment and sends an original or certified copy of the State action to the Archivist. The Archivist then forwards the document to the Director of the Federal Register (OFR), who examines it for facial legal sufficiency and an authenticating signature. If the document is in order, the Director acknowledges receipt and maintains custody until the amendment is adopted or fails.
State legislatures generate more than 80% of constitutional amendments that are considered and approved around the country each year. The requirements for crafting amendments vary among States, with some requiring majority support and others demanding supermajority backing. Additionally, some States need legislative support expressed in a single session, while others mandate two consecutive sessions.
While the U.S. Constitution has a rigorous amendment process, State constitutions are much easier to modify. The current constitutions of the 50 States have been amended approximately 7,000 times, with some States amending their constitutions more frequently than others. For instance, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average.
In conclusion, ratification by three-fourths of the States is a critical step in amending the United States Constitution. This process ensures that any changes made to the Constitution have broad support across the country and are carefully considered at the State level. While it poses a significant challenge, the ratification process is an essential safeguard for maintaining the integrity and longevity of the Constitution.
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Approval by two-thirds of state legislatures
The process of amending the Constitution is a challenging and time-consuming endeavour. The United States Constitution, for instance, has only been amended 27 times since its inception in 1787, indicating the rarity of successful amendments. One of the methods to initiate the amendment process is through the approval of two-thirds of state legislatures. This mechanism empowers the states to play a pivotal role in shaping the nation's foundational document.
To understand this process better, let's delve into a step-by-step exploration of how "Approval by two-thirds of state legislatures" works:
Step 1: Initiating the Process
The process of amending the Constitution through state legislatures begins when two-thirds of the state legislatures (that is, the legislative bodies of two-thirds of the states) apply to Congress, requesting that a convention be called for proposing amendments. This initial step is crucial, as it sets the ball rolling for potential changes to the Constitution.
Step 2: Proposing Amendments
Once Congress receives applications from two-thirds of the state legislatures, it calls for a convention with the specific purpose of proposing amendments. This convention brings together representatives from the states to discuss, debate, and craft potential changes to the Constitution. It's important to note that, historically, no amendments have been proposed by a constitutional convention; instead, all amendments have originated from Congress itself.
Step 3: Crafting and Voting on Amendments
Within the convention, delegates work on drafting and refining the specific wording of the proposed amendments. This process involves extensive deliberation and negotiation to ensure that the amendments address the concerns of a wide range of states. Once the amendments are finalised, they are put to a vote within the convention.
Step 4: Ratification by State Legislatures
After the amendments are approved by the convention, they are sent to the states for ratification. This is where the "Approval by two-thirds of state legislatures" comes into play. For an amendment to be ratified and become part of the Constitution, it must be approved by the legislatures of three-fourths of the states (38 out of 50 states). This step ensures that any changes to the Constitution reflect the will of a significant majority of the country.
Step 5: Certification and Implementation
Once the required number of state legislatures has ratified the amendment, the Office of the Federal Register (OFR) drafts a formal proclamation certifying that the amendment is valid. This certification is then published in the Federal Register, officially declaring that the amendment has become part of the Constitution. At this point, the amendment takes effect, and the nation's foundational document is updated.
It is important to note that while the process outlined above focuses on "Approval by two-thirds of state legislatures," there are variations in the amendment procedures among different countries and even among different states within a country. The specific steps and requirements may differ, but the common thread is the recognition of the importance of a thorough and deliberate process to ensure that any changes to a constitution are carefully considered and broadly supported.
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Frequently asked questions
The first step to amending the constitution is to propose an amendment. This can be done in a few different ways, including:
- A proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
- A constitutional convention called for by two-thirds of state legislatures.
- A People's Initiative.
- A Constituent Assembly.
Once an amendment is proposed, it must be ratified. In the United States, ratification requires the approval of three-fourths of the state legislatures or conventions. In other countries, such as France, approval by a simple majority in a referendum or by a three-fifths majority of the two houses of parliament is required.
The United States Constitution has been amended 27 times since it was drafted in 1787. State constitutions, on the other hand, are amended more frequently, with the current constitutions of the 50 states having been amended around 7,000 times.
