Jonah Patel
The process of amending a constitution is a complex and varied one, with different requirements and procedures depending on the country or state in question. In the United States, the process is outlined in Article V of the Constitution, which states that 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. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states. This process has been designed to strike a balance between permanence and flexibility, ensuring that the Constitution can endure while also allowing for necessary changes. While the US Constitution has only been amended 27 times since its drafting in 1787, individual states vary in their amendment frequency, with some amending their constitutions more than three to four times per year, and others only once every three to four years. These amendments can be proposed by state legislatures, citizens, conventions, or commissions, with varying requirements for citizen-initiated amendments across states.
| Characteristics | Values |
|---|---|
| Difficulty level | Not too easy, not too difficult |
| Authority | Article V of the US Constitution |
| Proposer | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Constitutional convention called for by two-thirds of the State legislatures | |
| State legislatures generate more than 80% of constitutional amendments | |
| Citizen-initiated amendments | |
| Ratification | Three-fourths of the States (38 of 50 States) |
| Ratification documents sent to the Archivist | |
| Official notification sent to each Governor | |
| Formal submission to State legislatures or state convention |
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What You'll Learn
Amending the US Constitution
The process of amending the US Constitution is outlined in Article V of the Constitution. This process has been used to propose 33 amendments, of which 27 have been ratified by the states. The first 10 amendments, known as the Bill of Rights, were ratified in 1791, four years after the Constitution was drafted.
Amendments can be proposed in two ways. The first method, which has been used for all amendments proposed so far, is for Congress to pass a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. The second method, which has never been used, is for two-thirds of the state legislatures to call for a constitutional convention to propose amendments.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Congress determines the method of ratification. An amendment can be ratified by the legislatures of three-quarters of the states (38 out of 50) or by ratifying conventions in three-quarters of the states. The latter method has only been used once in US history, for the ratification of the Twenty-First Amendment in 1933.
The process of amending the Constitution is deliberately difficult and time-consuming. This ensures that any changes made are well-considered and have a significant impact on the country and its citizens. The amendment process also allows for the correction of faults or errors that may be discovered in the Constitution over time.
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The role of Congress
The process of amending the United States Constitution is intentionally difficult. The framers of the Constitution wanted to ensure that it would "endure for ages to come", so they made it challenging to amend. As a result, the Constitution has only been amended 27 times since it was drafted in 1787, and not all proposed amendments have been successful.
Congress plays a crucial role in the amendment process, as outlined in Article V of the Constitution. Congress can propose amendments in two ways:
- Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done through 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.
- On the application of two-thirds of the state legislatures (or Legislatures of two-thirds of the several States), Congress calls a Convention for proposing Amendments. This has never been done in the history of the United States.
Once an amendment is proposed by Congress, it is submitted to the States for their consideration. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50).
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Citizen-initiated amendments
Once an amendment has been proposed by citizens, it is submitted to the states for their consideration. If three-fourths of the state legislatures (38 out of 50 states) ratify the amendment, it becomes part of the Constitution. The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's role is primarily ministerial, following procedures established by the Secretary of State and the Administrator of General Services.
The citizen-initiated amendment process allows citizens to have a direct impact on the Constitution and shape the laws that govern them. It provides a mechanism for citizens to propose and enact changes that they believe are necessary to improve the lives of Americans and secure their rights. However, it is important to note that not all states have the same processes for citizen-initiated amendments, and the bar for qualifying an amendment for the ballot varies across states.
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Ratification by states
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The process of ratification by states involves several steps and requirements. Firstly, the Archivist of the United States, who heads the National Archives and Records Administration (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 state governor, along with informational material prepared by the OFR.
Upon receiving the proposed amendment, governors then formally submit it to their state legislatures or call for a convention, depending on the specifications provided by Congress. It is worth noting that some state legislatures have historically taken action on a proposed amendment before receiving official notification. For an amendment to be ratified, it must be approved by three-fourths of the state legislatures, or by conventions in three-fourths of the states, as specified by Congress.
Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register. The OFR examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and assumes custody of them.
The process of ratification by states is a crucial step in amending the Constitution, and it involves collaboration between the Archivist, state governors, state legislatures or conventions, and the Director of the Federal Register. Each state's approval is essential to ensure that the proposed amendment gains the widespread support necessary to become part of the Constitution. The specific procedures and requirements outlined in the ratification process contribute to the overall integrity and permanence of the Constitution.
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The Archivist's role
The Archivist plays a crucial role in the amending process of the United States Constitution. The authority to amend the Constitution is derived from Article V, which establishes a process that ensures amending the document is neither too easy nor too difficult.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process after Congress proposes an amendment. While the Archivist does not make any substantive determinations regarding the validity of State ratification actions, they play a key role in ensuring the smooth functioning of the amending process.
One of the Archivist's primary duties is to submit the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by the OFR. The Archivist acts as a facilitator, ensuring that the amendment is formally submitted to the appropriate authorities in each State.
Once a State ratifies a proposed amendment, the Archivist receives an original or certified copy of the State action. This copy is then immediately conveyed to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. The Archivist's role here is to act as a custodian, ensuring that the necessary documentation is securely transmitted and maintained.
After the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the 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, published in the Federal Register and U.S. Statutes at Large, serves as official notice to Congress and the Nation that the amendment process is complete. The Archivist's certification is final and conclusive, providing assurance that the amendment has been duly ratified and is now part of the supreme law of the land.
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Frequently asked questions
The amending process refers to the process of making changes to a formal document, such as a constitution. In the United States, the authority to amend the Constitution comes from Article V of the Constitution.
Amendments to the US Constitution 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.
The Archivist of the United States is responsible for administering the ratification process. They submit the proposed amendment to the states for their consideration and receive the original or certified copy of the state action when a state ratifies an amendment.
For an amendment to become part of the US Constitution, it must be ratified by three-fourths of the state legislatures (38 out of 50 states). The ratification process can be carried out by the state legislatures or by conventions in three-fourths of the states.
The frequency of amendments to state constitutions varies. For example, the constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year on average, while Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions once every three to four years on average.
