Simone Lawson
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. The purpose of amending a constitution is to make changes to the frame of government or directly alter the text of the existing constitution. The process of amending a constitution varies across different jurisdictions. 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. On the other hand, countries like Australia and Ireland require that all amendments are first passed by the legislature before being submitted to the people for approval.
| Characteristics | Values |
|---|---|
| Difficulty of the amendment process | High |
| Number of amendments to the US Constitution since 1787 | 27 |
| Number of amendments proposed by constitutional convention | 0 |
| Minimum vote required for Congress to propose an amendment | Two-thirds majority in both the House of Representatives and the Senate |
| Minimum number of states required to ratify an amendment | 38 of 50 |
| Authority to amend the US Constitution | Article V of the Constitution |
| Role of the President in the amendment process | None |
| Role of the Archivist of the United States | Administering the ratification process |
| Role of the Director of the Federal Register | Assists the Archivist; adds legislative history notes to the joint resolution |
| Example of a failed amendment | ERA Amendment |
| Example of a successful amendment | 27th Amendment |
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What You'll Learn
The challenging and lengthy process of amending the US Constitution
Amending the US Constitution is a challenging and lengthy process. The 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 intentionally made it difficult to amend. As a result, since its drafting in 1787, the Constitution has been amended only 27 times, including the first ten amendments, which were adopted four years later as the Bill of Rights.
The process of amending the Constitution is outlined in Article V of the Constitution. There are two ways to propose an amendment: the first is through a two-thirds majority vote in both the House of Representatives and the Senate, and the second is 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 ratification process can be carried out by state legislatures or state ratifying conventions, with the mode of ratification determined by Congress.
The challenging nature of the amendment process is evident in the fact that not just any idea warrants an amendment. The proposal must have a significant impact on all Americans or secure the rights of citizens. For example, recent proposals include amendments to outlaw flag burning, protect crime victims' rights, and allow voluntary school prayer. While these proposals have gained some support, they have not yet met the high bar for amending the Constitution.
The lengthy and rigorous process of amending the US Constitution ensures that any changes made are carefully considered and widely accepted. While it may be challenging to amend the Constitution, it is not impossible, and the process exists to safeguard the rights and principles outlined in this enduring document.
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Amendments to the US Constitution must be of major impact
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it a challenging task to amend the document. Since its drafting in 1787, the Constitution has been amended only 27 times, including the first ten amendments, which were adopted four years later as the Bill of Rights.
Amending the US Constitution is a difficult and time-consuming process. 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. Alternatively, two-thirds of the state legislatures can request that Congress call a Constitutional Convention to propose amendments. However, this has never happened. The process ensures that amendments are of major impact, affecting all Americans or securing the rights of citizens.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. A proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Once an amendment is passed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur through the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress. The OFR verifies the receipt of the required number of authenticated ratification documents and 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 of the completed amendment process.
Amendments to the US Constitution are intended to have a significant and lasting impact on the country and its citizens. The challenging amendment process ensures that any changes to the Constitution are carefully considered and broadly supported.
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Amendments are proposed by Congress
The process of amending the Constitution of the United States is a difficult and time-consuming task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights. Amending the Constitution is a formal process that originates in Congress and requires supermajorities at both the proposal and ratification stages.
Congress proposes an amendment in the form of a joint resolution whenever two-thirds of both Houses deem it necessary. This joint resolution does not require the signature or approval of the President. The original document is forwarded directly to the National Archives and Records Administration's (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.
Once the proposed amendment is passed by two-thirds of both Houses of Congress, it must then be ratified by the legislatures of three-fourths of the states (38 out of 50 states). Congress determines which method the states must follow for ratification. The first method of ratification requires three-fourths of the state legislatures to approve the amendment, while the second method, specified by Congress only once for the Twenty-First Amendment, requires three-fourths of state ratifying conventions to approve it.
The process of amending the Constitution is deliberately challenging, ensuring that any changes made are carefully considered and have a significant impact on the country and its citizens.
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Amendments are ratified by three-fourths of the States
The United States Constitution was written "to endure for ages to come". To ensure its longevity, the framers made the process of amending the document difficult. 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.
Amending the Constitution is a difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. This means that 38 out of 50 states must ratify the amendment for it to become part of the Constitution.
The process of amending the Constitution is outlined in Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services.
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 to Congress and the nation that the amendment process has been completed.
In addition to ratification by the legislatures of three-fourths of the states, there is another option for ratifying amendments. Congress may choose to require ratification by conventions in three-fourths of the states. This method has been used only once in American history, with the ratification of the Twenty-first Amendment in 1933.
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Amendments can be appended to the constitution without altering the existing text
The process of amending the US Constitution is a difficult and time-consuming 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. Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. This ensures that any changes to the Constitution are carefully considered and have a broad base of support.
The process of amending a constitution can vary across different jurisdictions. For example, in Germany, the Basic Law for the Federal Republic of Germany outlines the process for amending its constitution, which includes a requirement for a two-thirds majority vote in the Bundestag and the Bundesrat. In contrast, countries like Ireland, Estonia, and Australia follow a similar process where constitutional amendments originate as bills and become laws through acts of parliament, but they also require approval through a referendum.
In the US, the authority to amend the Constitution is derived from Article V of the Constitution. While the President does not have a direct role in the amendment process, the final certification of an amendment has become a ceremonial function that the President may attend. The process of amending the Constitution is designed to be stringent, ensuring that any changes are carefully considered and have widespread support.
Amendments can be appended to the constitution as supplemental additions (codicils), which means they can change the frame of government without altering the existing text of the document. This approach allows for the evolution of governance while preserving the original intent and principles outlined in the Constitution. It is a way to adapt to changing societal needs and circumstances without disrupting the core foundation of the nation's laws and values.
The process of appending amendments ensures that the Constitution remains a living document that can adapt to the needs of a changing society while preserving the principles and values upon which the nation was founded. This delicate balance between adaptability and stability is essential to the longevity and resilience of a nation's governing framework.
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Frequently asked questions
Amending the constitution is a way to modify the constitution of a polity, organization or other type of entity. Amendments can directly alter the text of the existing constitution or be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The amendment process is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.
The United States Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
