Eleanor Finch
The process of amending a constitution varies across jurisdictions. In the United States, the Constitution provides two methods for amending the nation's frame of government. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate to propose a constitutional amendment. The second method requires two-thirds of state legislatures to request Congress to call a convention for proposing amendments. After being proposed, a constitutional amendment must be ratified by three-fourths of the states. Other countries, such as Australia, Ireland, and Switzerland, require constitutional amendments to be passed by the legislature and approved by the people through a referendum.
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What You'll Learn
A two-thirds majority vote in the House of Representatives and the Senate
The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments have been proposed by constitutional convention. The first step in the amendment process is for two-thirds of both the House of Representatives and the Senate to vote in favour of an amendment. This vote is based on a joint resolution, which does not require the signature or approval of the President. The joint resolution is then forwarded to the National Archives and Records Administration (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.
The two-thirds majority vote in the House of Representatives and the Senate is a critical step in the amendment process. It represents a significant hurdle, as it requires a strong consensus among lawmakers in both chambers. This supermajority requirement ensures that any proposed amendment has broad support and is not merely a reflection of the political leanings of a single party or ideology.
The two-thirds majority vote also serves as a safeguard against hasty or impulsive changes to the Constitution. By requiring such a high threshold of support, the process becomes more deliberate and considered, allowing for careful evaluation and debate. This helps to ensure that any amendments made to the Constitution are well-thought-out and reflect the interests and needs of a large portion of the country.
Once the two-thirds majority vote has been achieved in both chambers, the proposed amendment moves forward in the amendment process. This involves ratification by the states, which can be done through their legislatures or state ratifying conventions. The specific method of ratification is determined by Congress.
The two-thirds majority vote in the House of Representatives and the Senate is a crucial step in the process of amending the Constitution. It ensures that any changes to this foundational document have broad support and are carefully considered. This step helps to maintain the integrity and stability of the Constitution, ensuring that it remains a enduring framework for the nation's governance.
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Ratification by three-fourths of the States
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 in 1787, and all amendments have been proposed by Congress, with none proposed by constitutional convention.
The first step in the amendment process is for two-thirds of both houses of Congress to pass a proposed amendment. Once an amendment is approved by Congress, it does not require presidential approval before being sent to the states. The President has no constitutional role in the amendment process, and the joint resolution proposing an amendment does not go to the White House for signature or approval.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The final step in the amendment process is for the proposed amendment to be ratified by three-fourths of the states, or 38 out of 50 states. This can be done through one of two methods:
- Ratification by three-fourths of the state legislatures: This method requires three-fourths of the state legislatures to ratify an amendment to the Constitution.
- Ratification by three-fourths of state ratifying conventions: This method requires three-fourths of state ratifying conventions to approve a proposed amendment.
Congress determines which method the states must follow for a proposed amendment to become effective. 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 and serves as official notice that the amendment process has been completed.
In recent years, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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Approval by the President
The process of amending the Constitution of the United States is laid out in Article V of the Constitution. Notably, the President does not have a constitutional role in the amendment process. The process can be initiated 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 an amendment is approved by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR publishes the joint resolution in slip law format and assembles an information package for the States. The amendment then needs to be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
While the President does not have an official role in the amendment process, they may participate in the ceremonial signing of the certification. This has occurred on several occasions, with President Johnson signing the certifications for the 24th and 25th Amendments and President Nixon witnessing the certification of the 26th Amendment.
The absence of a presidential role in the amendment process is affirmed by the Supreme Court in Hollingsworth v. Virginia (1798), which established that constitutional amendments do not require presidential approval or veto. This distinction is important as it ensures that the amendment process is driven by Congress and the States, reflecting a broad consensus and safeguarding against the potential for undue influence by the President.
In summary, while the President may occasionally participate in ceremonial functions related to constitutional amendments, their approval is not required for the passage of an amendment. The amendment process, as outlined in Article V, ensures that any changes to the Constitution are made through a collaborative effort between Congress and the States, bypassing the executive branch.
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A constitutional convention called by two-thirds of the State legislatures
The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, with none of these amendments being proposed by a constitutional convention. Article V of the Constitution outlines two methods for amending the nation's frame of government.
The first method, which has been used for all 27 amendments, involves a two-thirds majority vote in both the House of Representatives and the Senate. This process begins with a joint resolution, which does not require presidential approval, and is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The second method involves a constitutional convention called for by two-thirds of the State legislatures. This method has never been used, but it has its supporters.
A constitutional convention is a gathering of delegates from each state, similar to the gathering that took place during the original writing of the Constitution. The purpose of such a convention would be to propose amendments to the Constitution. The call for a constitutional convention can be initiated by two-thirds of the state legislatures, who would petition Congress to hold the convention. This process ensures that any changes to the Constitution are made through a careful and deliberate process, requiring a significant level of consensus across the country.
Once an amendment has been proposed, either by Congress or a constitutional convention, it must be ratified by three-fourths (38 out of 50) of the states. Congress decides whether the proposed amendment will be sent to state legislatures or state ratifying conventions for ratification. The ratification process is administered by the Archivist of the United States, who follows established procedures and customs. Once the required number of authenticated ratification documents is reached, the Archivist certifies 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 that the amendment process is complete.
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Publication in the Federal Register
The process of amending the United States Constitution is a complex and rigorous procedure, designed to ensure any changes made to the supreme law of the land are carefully considered and reflect the will of the people. One of the initial steps in this process is the publication of the proposed amendment in the Federal Register. This step is crucial for transparency and public awareness. Here's an overview of what it entails:
The Federal Register is the official daily publication of the US federal government, issued by the National Archives and Records Administration (NARA). It contains a wide range of information, including proposed rules, final rules, notices of meetings, and presidential documents. In the context of a constitutional amendment, publication in the Federal Register is a critical step that serves multiple purposes.
Firstly, it ensures that the proposed amendment is publicly accessible. The Federal Register is available online and in print, ensuring that all Americans have the opportunity to review and understand the changes being proposed. This accessibility is a cornerstone of democratic decision-making, empowering citizens to engage with and respond to potential amendments.
Additionally, publication in the Federal Register provides a formal record of the proposed amendment. This record serves as a reference point for future discussions, debates, and analyses. It also enables a transparent process, reducing the potential for confusion or misinformation regarding the specifics of the amendment. The publication includes not just the text of the amendment but also relevant supporting information and explanations.
The process of publishing a constitutional amendment in the Federal Register typically involves several steps. Firstly, the text of the proposed amendment must be finalized and submitted to the Federal Register for publication. This submission is usually made by the sponsoring member of Congress or the relevant congressional committee. The Federal Register then assigns a unique document identification number and publishes the proposed amendment in its next available issue.
In summary, the publication of a constitutional amendment in the Federal Register is a vital step in the amendment process. It ensures transparency, provides public access to the proposed changes, and establishes an official record. By facilitating public comment and review, this step also encourages democratic participation and helps shape the final outcome of the amendment process. The Federal Register's role is, therefore, integral to any constitutional amendment's journey toward potential enactment.
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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.
Article V of the United States Constitution provides two methods for amending the nation's frame of government. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method requires two-thirds of the state legislatures to ask Congress to call a Constitutional Convention. After being proposed, an amendment must be ratified by three-fourths of the state legislatures or state ratifying conventions.
The requirements for the passage of a constitutional amendment vary from country to country. For example, in South Africa, a bill amending the Constitution must be introduced in the National Assembly and passed by an absolute two-thirds supermajority. In Australia and Ireland, amendments must first be passed by the legislature and then submitted to the people for approval.
