Eleanor Finch
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. In the United States, 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 of 50 states). As of 2022, some Americans have expressed a desire for revisions to the Constitution to include definitive national immigration reform, the right to privacy, protection for natural resources and wildlife, gender equality, and term limits on U.S. senators/representatives, among other changes.
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What You'll Learn
The US Constitution is the supreme law of the United States
Article V of the Constitution outlines two methods for proposing amendments. The first method, which has been used for all amendments so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. Regardless of the method used to propose an amendment, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The process of amending the Constitution is deliberately challenging, and not just any idea to improve America warrants an amendment. The proposal must have a significant impact on all Americans or secure the rights of citizens. Some recent proposals that have gained traction include outlawing flag burning and establishing a crime victims' rights amendment. Other ideas supported by some congressional leaders include allowing voluntary school prayer and making English the official language of the country.
While the amendment process is designed to be difficult, some critics argue that it has become too challenging to amend the Constitution in the modern era. They attribute this to issues such as congressional gridlock and the excessive influence of interest groups. Despite these concerns, the Constitution remains the supreme law of the land, and any revisions must go through the rigorous amendment process outlined in Article V.
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Amendments are proposed by Congress
Amendments to the Constitution of the United States are proposed by Congress and require a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the signature or approval of the President. Once an amendment is passed by Congress, it is sent to the states for ratification.
The process of amending the Constitution is outlined in Article V of the Constitution. Since 1789, Congress has proposed 33 amendments, of which 27 have been ratified. The process is designed to be difficult but not impossible, as the framers of the Constitution intended to prevent it from becoming an inflexible instrument of government.
An example of an amendment proposed by Congress is the Human Life Amendment, first proposed in 1973, which aimed to prohibit abortion by overturning the Roe v. Wade court ruling. Another notable proposal was the amendment to abolish the Senate, put forward by Representative Victor Berger in 1911 due to his belief that it was corrupt and useless.
The process of amending the Constitution involves several steps. Once an amendment is adopted by Congress, it is sent to the states for ratification. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who works with the Director of the Federal Register to ensure the amendment's legal sufficiency.
The authority to amend the Constitution is a significant power vested in Congress, allowing for necessary changes to be made while also ensuring a careful and deliberate process that respects the foundational nature of the document.
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Ratification requires three-fourths of the States
The United States Constitution is a powerful document that outlines the fundamental laws and principles of the country. Since its creation, it has undergone amendments to stay relevant and responsive to the evolving needs of the nation. The process of amending the Constitution is a meticulous one, designed to ensure that any changes made are carefully considered and widely supported.
Amending the Constitution involves a multi-step process. It begins with a proposal for an amendment, which can be initiated in two ways. The first method is through Congress, where a two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. This proposal takes the form of a joint resolution, bypassing the need for presidential signature or approval. The second method, which has never been used in the history of the United States, involves a constitutional convention called for by two-thirds of the State legislatures.
Once an amendment is proposed, it enters the ratification process. This process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist, along with the Director of the Federal Register, follows established procedures and customs, including those previously performed by the Secretary of State and the Administrator of General Services.
The ratification process involves seeking approval from the states. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States, which currently equates to 38 out of 50 States. When a State ratifies an amendment, it sends an original or certified copy of the State action to the Archivist, who then conveys it to the Director of the Federal Register. This process ensures that the amendment has undergone the necessary legal review and authentication.
The Office of the Federal Register (OFR) plays a crucial role in the final stages of the amendment process. The OFR examines ratification documents to ensure their 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. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been successfully completed.
The process of amending the Constitution of the United States is a deliberate and rigorous undertaking. By requiring ratification from three-fourths of the States, the process ensures that any changes to the Constitution reflect the consensus of a significant majority of the country. This safeguard helps maintain the stability and integrity of the nation's foundational document while allowing for necessary revisions to meet the evolving needs of the American people.
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The Archivist certifies the amendment
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives. The Archivist's role in the constitutional amendment process is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist is charged with administering the ratification process.
The Archivist's role in the amendment process is largely ministerial. The Archivist has delegated many of the associated duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature. The Director maintains custody of these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
When the Office of the Federal Register (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. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. On May 18, 1992, the Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment.
It is important to note that the Archivist does not make any substantive determinations regarding the validity of State ratification actions. In some instances, the Archivist has declined to certify amendments, citing legal opinions and established procedures.
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The first 10 amendments are the Bill of Rights
The United States Constitution is a document that was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. It was intended to replace the Articles of Confederation with a new form of government. The Constitution has been amended several times since its creation, with 27 amendments in total. The first ten amendments, known as the Bill of Rights, were proposed following the 1787–88 debate over the ratification of the Constitution and were written to address objections raised by Anti-Federalists.
The Bill of Rights comprises the first ten amendments to the United States Constitution and was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. The amendments add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to bear arms, the right to assemble, and other natural and legal rights.
The First Amendment states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the government for a redress of grievances. The Second Amendment states that a well-regulated militia, being necessary to the security of a free state, gives the people the right to keep and bear arms. The Third Amendment states that no soldier shall be quartered in any house without the owner's consent, except as prescribed by law. The Fourth Amendment protects citizens' right to be free from unreasonable government intrusion in their homes and requires a warrant for searches and arrests. The Fifth Amendment outlines rights in criminal cases, while the Sixth Amendment guarantees the right to a fair trial. The Seventh Amendment outlines rights in civil cases, and the Eighth Amendment addresses bail, fines, and punishment. The Ninth Amendment states that the enumeration of certain rights in the Constitution shall not deny or disparage other rights retained by the people, and the Tenth Amendment reserves powers not delegated to the United States by the Constitution to the states or the people.
The process of amending the Constitution is outlined in Article V of the Constitution. 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. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50). The process of amending the Constitution is similar in other countries, such as Austria, Belgium, Italy, and Turkey, which may require supermajorities in their legislative bodies or direct approval by the electorate in a referendum.
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Frequently asked questions
The US Constitution can be amended in two ways. The first is through a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50).
The US Constitution has been amended 27 times, beginning with the Bill of Rights, which were the first 10 amendments ratified on December 15, 1791.
Amendments to a constitution are typically recorded in two main forms. The first and most common method is to revise the previous text, which involves deleting portions of the original text or inserting new articles among existing ones. The second method is to append the amendment to the end of the main text as a special article, leaving the original text intact.
Each country has its own unique process for amending its constitution. For example, in California, there are three methods for proposing an amendment: by the legislature, by constitutional convention, or by voter initiative. In Belgium, the federal legislative power, consisting of the King and the Federal Parliament, can amend the Constitution by declaring the reasons for revision in accordance with Article 195. Additionally, the European Union has outlined procedures for the revision of treaties, including an ordinary revision process and a simplified revision process.
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