Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or they can be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text. The process of amending a constitution varies across jurisdictions, but it generally involves a more stringent procedure than the process for passing ordinary legislation. For example, in the United States, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states. As of January 3, 2019, approximately 11,848 proposals to amend the US Constitution have been introduced in Congress since 1789, with 27 amendments successfully ratified and becoming part of the Constitution.
| Characteristics | Values |
|---|---|
| Nature of an amendment | A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. |
| Amendment procedure | Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. |
| Amendment proposal | An amendment 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. |
| Amendment ratification | A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). |
| Amendment certification | Once an amendment is ratified, the Archivist of the United States 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. |
| Amendment frequency | The United States Constitution has been amended 27 times since it was drafted in 1787. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. |
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What You'll Learn
The amendment process
In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. The process can be initiated in two ways: 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. It is important to note that none of the 27 amendments to the US Constitution have been proposed by a constitutional convention. Once proposed, an amendment is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
After an amendment is proposed, the process continues with ratification. In the United States, for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This involves the state legislatures formally submitting the amendment to their states or calling for a convention. Once 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 administers the ratification process.
The final steps of the amendment process involve the Office of the Federal Register (OFR). The OFR examines ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the OFR 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 serves as official notice that the amendment process is complete.
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Congress proposes an amendment
The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures. This can be done either by a vote of the legislature or a state-called convention, depending on what Congress has specified.
The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format. The states then take action on the proposed amendment. 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 is responsible for administering the ratification process.
The Archivist delegates many of the duties associated with this function to the Director of the Federal Register, who 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 an amendment has been ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
The OFR then 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 that the amendment process has been completed.
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Ratification by state legislatures
The purpose of an amendment to the constitution is to modify the existing constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is submitted to the states for ratification by a vote of the state legislatures. The mode of ratification is determined by Congress, and the President does not have a constitutional role in the amendment process.
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 Governor, along with informational material prepared by NARA's Office of the Federal Register (OFR).
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. In some cases, State legislatures have taken action on a proposed amendment before receiving official notice. 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 ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
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 serves as official notice that the amendment process has been completed.
In the United States, amendments are drafted as special joint resolutions of Congress that do not require the President's signature or approval. The process of amending the Constitution is deliberately difficult and time-consuming, with only 27 amendments since it was drafted in 1787.
While the United States Constitution does provide for an alternative process of amending the Constitution through a constitutional convention, this method has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. Any amendment proposed by such a convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
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Amendments as acts of parliament
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. This is the case even when a special procedure is required to bring an amendment into force. For example, in Ireland and Australia, amendments are drafted in the form of Acts of Parliament, but they cannot become law until they are approved in a referendum. In Australia, a majority of voters in a majority of states is required for an amendment to be approved. In Ireland, a simple majority of those voting at the electorate is sufficient.
In contrast, in the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed. The United States Constitution was designed "to endure for ages to come," as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the document difficult. The amendment process in the US involves proposing an amendment 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, the amendment is submitted to the states for ratification.
The process of amending a constitution varies across jurisdictions, and the specific procedures and requirements for amendments as acts of parliament may differ in each country or entity. It is important to refer to the specific laws and procedures governing constitutional amendments in the relevant jurisdiction.
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Amendments to the US constitution
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often directly interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
The US Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made amending the document a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The process of amending the US Constitution is as follows: 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. The amendment then needs to be ratified by three-fourths of the state legislatures. 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.
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 Director acknowledges receipt and maintains custody of the documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
The amendment process in the US is very difficult and time-consuming. The ERA Amendment, for example, did not pass the necessary majority of state legislatures in the 1980s. No constitutional conventions have ever been called for, although the idea has its supporters.
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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 can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text.
A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of the state legislatures. Alternatively, two-thirds of the state legislatures could ask Congress to call a Constitutional Convention. Once an amendment is ratified by the requisite number of states, it becomes part of the Constitution.
The Archivist of the United States is responsible for administering the ratification process. They receive certified copies of state actions and maintain custody of them. Once an amendment is ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
There have been 27 amendments to the US Constitution since it was drafted in 1787. The first 10 amendments were adopted and ratified simultaneously in 1791 and are known as the Bill of Rights.
Approximately 11,848 proposals to amend the US Constitution have been introduced in Congress since 1789. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress.
