Malcolm Rivera
The Constitution of a country is a set of fundamental principles that govern the nation and outline the role of the government. It is a living document that can be amended to reflect the changing needs of society. The process of amending a Constitution varies across different nations. In the United States, the authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. The first method, which has been used for all amendments thus far, involves a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states. Alternatively, Article V provides that two-thirds of state legislatures can call for a constitutional convention to propose amendments, bypassing Congress. However, this method has never been utilized. The amendment process in the US is deliberately challenging, resulting in only 27 amendments since 1787. Other countries, such as South Africa, Ireland, and Ethiopia, have their own unique procedures and requirements for amending their Constitutions, often involving acts of parliament and referendums.
| Characteristics | Values |
|---|---|
| Country | United States, Germany, Ethiopia, South Africa, India |
| Amendment Process | A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50 States). |
| Amendment Frequency | The US Constitution has been amended 27 times since 1787. The Indian Constitution has been amended 106 times since 1950. |
| Amendment Initiation | Amendments 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. |
| Amendment Ratification | The Archivist of the United States administers the ratification process, which includes receiving authenticated ratification documents from the required number of states. |
| Amendment Signing | The signing of the certification has become a ceremonial function attended by dignitaries, including the President in some cases. |
| Amendment Restrictions | Article V prohibits amendments that deprive states, without their consent, of equal suffrage in the Senate. |
| Amendment Procedures | Some countries, like Ireland, Estonia, and Australia, require amendments to originate as bills and become laws through acts of parliament or referendums. |
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What You'll Learn
Two-thirds majority in Congress
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. It is a challenging and time-consuming process, as Chief Justice John Marshall wrote in the early 1800s, "to endure for ages to come". The US Constitution has been amended 27 times since it was drafted in 1787, with the most recent amendment, the 27th Amendment, being ratified in 1992.
The first method of proposing amendments, which has been used for all amendments so far, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is followed by ratification by three-fourths of the state legislatures, or 38 out of 50 states. The President does not have a constitutional role in this amendment process, and the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This convention can propose amendments without requiring Congress's approval, and the proposed amendments are then sent to the states for ratification.
The two-thirds majority requirement in Congress for proposing amendments ensures that any changes to the Constitution have broad support and are not made lightly. It is worth noting that the amendment process in the United States is designed to be challenging, reflecting the framers' intention to ensure the longevity of the Constitution.
While the two-thirds majority in Congress is a crucial step in the amendment process, it is not the only requirement. The ratification process, requiring the approval of three-fourths of the states, further emphasizes the need for widespread consensus when making changes to the nation's foundational document.
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Ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process is intentionally challenging and time-consuming. A proposed amendment must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This can be achieved through two methods: ratification by state legislatures or ratification by conventions.
The first method, ratification by state legislatures, involves the state governments that enact laws for their respective states. This method has been used for all amendments except one, the Twenty-First Amendment. The second method, ratification by conventions, has never been used. This method would involve each state holding a convention for the sole purpose of deciding whether to ratify an amendment.
The process of amending the Constitution begins with a proposal for an amendment. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon the request of two-thirds of the state legislatures to propose amendments. However, this method has never been utilised.
Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register. After receiving the required number of authenticated ratification documents, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official confirmation of the amendment's adoption.
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Amendments by constitutional convention
The Constitution of the United States was written to endure for ages to come, and amending it is a difficult and time-consuming process. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments. One method is for Congress to propose an amendment, which has been the exclusive method used thus far. The other method is for two-thirds of state legislatures to call for a constitutional convention to propose amendments. While this method has never been used, it has its backers.
A constitutional convention is a gathering of delegates for the purpose of proposing amendments to the Constitution. This method can be initiated when two-thirds of state legislatures apply to Congress to call for a convention. The convention can propose amendments regardless of Congress's approval, and these proposed amendments are then sent to the states for ratification. To become part of the Constitution, three-quarters of the states must ratify the amendment. This can be done through state legislatures or conventions, with Congress deciding the mode of ratification.
The process of amending the Constitution through a constitutional convention is intended to provide a mechanism for states to bypass Congress and directly propose amendments. However, it is important to note that no amendment has been proposed by constitutional convention in the history of the United States. All amendments to date have been proposed by Congress and ratified by state legislatures.
The amendment process, whether through Congress or constitutional convention, is deliberately challenging. The framers of the Constitution wanted to ensure its longevity and prevent hasty or impulsive changes. As a result, amending the Constitution requires broad consensus and support across a significant majority of states.
While a constitutional convention has never been convened for proposing amendments, it remains a valid option under Article V. Supporters of this method argue that it can address issues such as gridlock, the influence of interest groups, and the excessive focus on reelection among members of Congress. However, critics may argue that recent efforts to amend the Constitution go too far and are unnecessary overreactions to dissatisfaction with the government.
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State legislatures' role
The United States Constitution is notoriously difficult to amend. Since it was drafted in 1787, there have only been 27 amendments, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V outlines two ways in which the Constitution can be amended. The first method, which has been used for all amendments so far, involves Congress proposing an amendment, which must then be ratified by three-quarters of state legislatures (38 out of 50 states).
The second method, which has never been used, is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose amendments. These proposed amendments would then be sent to the states for ratification.
State legislatures, therefore, play a crucial role in the amendment process. Not only can they trigger the amendment process by calling for a constitutional convention, but they also have the power to ratify or reject proposed amendments. In fact, with one exception (the Twenty-First Amendment), every amendment has been ratified by state legislatures.
The role of state legislatures in the amendment process ensures that any changes to the Constitution reflect the will of the people in the individual states and protects against any one group or interest dominating the process.
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Special procedures
The process of amending a constitution is often a difficult and time-consuming task. The United States Constitution, for example, has only been amended 27 times since 1787, with the last successful amendment taking place in 1971. The authority to amend the US Constitution is derived from Article V of the Constitution. This article outlines the procedures for proposing and ratifying amendments, with two primary methods available.
The first method involves Congress proposing an amendment, which must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, requiring approval from three-fourths of the states (38 out of 50) to become part of the Constitution. This process can be facilitated through state legislatures or conventions, with Congress having the power to choose the mode of ratification.
The second method outlined in Article V allows for a constitutional convention to be called upon the request of two-thirds of the state legislatures. This convention can propose amendments without requiring the approval of Congress, and the proposed amendments are then sent to the states for ratification. Again, three-quarters of the states must ratify the amendment for it to take effect.
While the above procedures are specific to the United States Constitution, other countries have their own unique processes and requirements for amending their constitutions. For example, in South Africa, a constitutional amendment bill must be introduced in the National Assembly and published for public comment at least 30 days beforehand. It must then be submitted to the provincial legislatures and, if applicable, the National Council of Provinces (NCOP) for debate. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. However, they may also require approval through a referendum. The Constitution of Ethiopia presents another variation, as it can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly.
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