Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, in the United States, the Constitution has been amended only 27 times since it was drafted in 1787, as the framers made it a difficult task to ensure its longevity. Amendments to the US 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Authority to amend | 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, or by a constitutional convention called for by two-thirds of the State legislatures |
| Amendment process | A joint resolution by Congress, which is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication |
| Ratification process | Administered by the Archivist of the United States, who follows procedures established by the Secretary of State and the Administrator of General Services |
| Number of amendments | 27 amendments since 1787, including the Bill of Rights |
| Amendment difficulty | The process is very difficult and time-consuming, requiring a two-thirds majority in both Houses of Congress and ratification by three-fourths of the States |
| Amendment frequency | Varies by country and criteria; for example, Alabama's constitution was amended 977 times between 1901 and 2022, while Japan has passed none in several decades |
| Amendment procedures | Vary internationally; some countries require approval by a simple majority in a referendum, a three-fifths majority in parliament, or a combination of procedures |
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What You'll Learn
Amending the US Constitution
The US Constitution is the founding document of the United States and is considered the "supreme law of the land". The government must follow its guidelines, and it can only be changed through the amendment process. The authority to amend the Constitution comes from Article V of the Constitution.
The process of amending the Constitution is a difficult and time-consuming one. It has only been amended 27 times since it was drafted in 1787. The first 10 amendments were added four years later and became known as the Bill of Rights. The most recent amendments include giving women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age.
Amendments are usually only needed to change or clarify something specific in the Constitution. The idea behind a proposed amendment must be of major importance, affecting all Americans or securing the rights of citizens. For instance, an amendment to outlaw flag burning or a crime victims' rights amendment have been proposed.
There are two methods to propose an amendment. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, with the proposal taking the form of a joint resolution. The second method, which has never been used, is for two-thirds of state legislatures to request Congress to call a Constitutional Convention. Once proposed, an amendment must be ratified. This can be done in one of two ways, as determined by Congress. The first method requires ratification by three-fourths of the state legislatures, and the second method requires ratification by three-fourths of state ratifying conventions.
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Legislative approval
To initiate the amendment process, two-thirds of both the House and the Senate must propose an amendment. This proposal is in the form of a joint resolution, which does not require the President's signature or approval. Instead, the resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication. This step ensures that any amendment has significant support at the federal level and underscores the importance of legislative approval in the process.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur through one of two methods, each with its legislative approval requirements. The first method is ratification by the legislatures of three-fourths of the states, or 38 out of 50 states. State legislatures play a crucial role in this process, as they decide whether to approve and ratify the proposed amendment. This method highlights the importance of achieving broad consensus across the country for any constitutional change.
The second method of ratification is through conventions in three-fourths of the states. This method involves a more direct democratic approach, as it bypasses the state legislatures and allows citizens to have a more direct say in the amendment process. However, even in this method, the involvement of state legislatures is often necessary, as they may be required to call for conventions or approve convention referendums.
While the process of amending the Constitution through legislative approval is challenging and time-consuming, it ensures that any changes made to the foundational document of the country reflect the will of the people and have enduring significance. The involvement of Congress and state legislatures at various stages of the process underscores the importance of legislative approval in amending the United States Constitution.
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Ratification by convention
Ratification is a principal's legal confirmation of an act of its agent. In the context of amending a constitution, ratification refers to the process by which a proposed amendment is adopted and becomes part of the constitution.
In the United States, the authority to amend the Constitution is derived from Article V, which outlines two methods for proposing and ratifying amendments:
- Proposal by Congress: When two-thirds of both Houses of Congress deem it necessary, they can propose amendments. The proposal takes the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
- Proposal by State Legislatures: On the application of two-thirds of state legislatures, Congress shall call a national convention for proposing amendments.
Regardless of the proposal method, for an amendment to be adopted and become part of the Constitution, it must be ratified by three-quarters of the states (currently 38 out of 50). This can be done through one of two methods, as specified by Congress:
- Ratification by State Legislatures: Three-quarters of the state legislatures must approve the amendment.
- Ratification by State Ratifying Conventions: Three-quarters of the states must hold conventions, with specially elected delegates, to ratify the amendment.
The choice of ratification method is influenced by factors such as the nature of the amendment, political considerations, and the desire to reflect the popular will. For example, some believe that state ratifying conventions are more appropriate for amendments implicating individual rights and morals. Additionally, conventions can help bypass powerful lobby groups and relieve legislators seeking re-election from the pressure of voting on controversial issues.
It is worth noting that the Constitution does not provide specific guidance on how states should convene ratifying conventions, select delegates, or conduct proceedings. The process can vary among the states, as seen in the ratification of the Twenty-First Amendment in 1933, where different procedures were followed by the 38 state conventions involved.
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State legislatures
The authority to amend the US Constitution is derived from Article V of the Constitution. Amending the US Constitution is a difficult task, as the framers intended for the document to endure for ages. Since the Constitution was drafted in 1787, it has been amended only 27 times, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
Once an amendment is proposed, either by Congress or a Constitutional Convention, it must be ratified. Ratification can occur in two ways: through the state legislatures or ratifying conventions. For an amendment to be ratified, it must be approved by three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states. The Supreme Court has stated that ratification must occur within a "reasonable time" after the proposal, although there is no clear definition of how long a "reasonable time" is.
The process of amending state constitutions may vary, and in some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. These amendments are often interwoven into the relevant sections of the constitution, directly altering the text. Alternatively, they can be appended as supplemental additions, changing the government's framework without altering the existing text.
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The President's role
The US Constitution does not outline a specific role for the President in amending the Constitution. The Supreme Court has also articulated the Judicial Branch's understanding that the President has no formal role in the amendment process.
However, some Presidents have played 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. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment abolishing slavery, even though his signature was not necessary for its proposal or ratification.
In modern times, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Nixon witnessed the certification of the 26th Amendment.
While the President does not have a constitutional role in the amendment process, Congress's discretion in designating a body to deliberate on an amendment proposal is subject to presidential veto, which can, in turn, be overridden by a two-thirds majority in both the House and Senate.
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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 are often interwoven into the relevant sections of an existing constitution, directly altering the text.
The US Constitution provides that an amendment may be proposed either 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. 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 Constitution has been amended 27 times since 1787. Notable amendments include the first 10 amendments, which were adopted in 1791 as the Bill of Rights, the Eighteenth Amendment, which established Prohibition, and the Twenty-First Amendment, which repealed it. Other amendments gave women the right to vote, abolished poll taxes, and lowered the minimum voting age from 21 to 18.
