Jonah Patel
The process of amending a constitution varies across different jurisdictions. In the United States, Article V of the Constitution outlines the procedures for amending the Constitution, which include 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. A proposed amendment then needs to be ratified by three-quarters of the States to become part of the Constitution. Other countries, such as Ireland, Estonia, and Australia, have different processes, with amendments originating as bills and becoming laws through acts of parliament, often requiring approval through a referendum. The Constitution of Greece can be amended under Article 110, while the Constitution of Ethiopia requires a two-thirds majority of its regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly.
| Characteristics | Values |
|---|---|
| Country | United States |
| Amendment proposer | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposer | Two-thirds of the State legislatures calling for a constitutional convention |
| Amendment proposer | One-fifth of the total number of delegates to the National Assembly |
| Amendment proposer | One-fourth of the Members of the Legislative Yuan |
| Amendment proposer | Citizens via a referendum |
| Amendment proposer | Citizens via a people's initiative |
| Amendment proposer | Citizens via a constituent assembly |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment ratification | Three-fourths of the National Assembly |
| Amendment ratification | Three-fourths of the Members of the Legislative Yuan |
| Amendment ratification | Two-thirds majority of the country's regions |
| Amendment ratification | Two-thirds majority of a joint session of the Federal Parliamentary Assembly |
| Amendment ratification | Simple majority of voters |
| Amendment ratification | Supermajority of voters |
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What You'll Learn
Amendments can be proposed by Congress with a two-thirds majority
The United States Constitution was crafted with longevity in mind, making the process of amending it a challenging task. The Constitution has only been amended 27 times since it was drafted in 1787, and none of these amendments have been proposed by constitutional convention. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process is outlined in Article V of the Constitution, which sets forth the procedures for amending the document.
The process of proposing an amendment by Congress involves a joint resolution, which does not require the signature or approval of the President. Once the joint resolution is passed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA plays a crucial role in this stage by adding legislative history notes to the joint resolution and publishing it in slip law format.
The OFR also assembles an information package for the states, which includes formal copies of the joint resolution. This package serves as a resource for the states to review and consider the proposed amendment. It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution bypasses the White House.
The authority to amend the Constitution is derived from Article V, which outlines the necessary steps for proposing and ratifying amendments. While Congress can propose amendments with a two-thirds majority, it is worth mentioning that the amendment process is challenging and time-consuming. This deliberate design ensures that amendments are reserved for significant matters affecting all Americans or securing the rights of citizens.
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Amendments can be proposed by a constitutional convention
The process of amending the Constitution of the United States is a difficult and time-consuming endeavour. The Constitution provides that an amendment may be proposed by a constitutional convention called for by two-thirds of the State legislatures. This process has never been used for any of the 27 amendments to the Constitution.
A constitutional convention is a gathering of representatives from each state, and it can propose amendments to the Constitution. The process of calling for a constitutional convention is initiated by the state legislatures. Two-thirds of the states must pass a resolution applying to Congress to call for a convention. Once Congress receives these applications, it must call for a convention.
The convention then proposes amendments, which are sent to the states for ratification. The amendments become part of the Constitution once they are ratified by three-fourths of the states, or by conventions in three-fourths of the states, as determined by Congress. This process ensures that any changes to the Constitution are made with the consent of a significant majority of the states.
The constitutional convention process provides a mechanism for the states to initiate changes to the Constitution without going through Congress. It empowers the states to propose and ratify amendments directly, allowing them to bypass the legislative process in Congress. This process can be particularly useful when Congress is unable or unwilling to propose certain amendments due to political gridlock or other factors.
While no amendments to the US Constitution have been proposed by a constitutional convention, the process has its supporters. Some believe that a constitutional convention could address issues such as congressional gridlock and the excessive influence of interest groups. However, others argue that recent efforts to amend the Constitution go too far and are an overreaction to dissatisfaction with the government.
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Amendments are ratified by three-fourths of state legislatures
The process of amending the United States Constitution is deliberately designed to be challenging. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
Amendments are typically proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention, despite this being a valid method. Once an amendment is proposed, it must be ratified by three-fourths of state legislatures, or 38 out of 50 states, to become part of the Constitution. This process is overseen by the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The process of amending state constitutions varies across the country. For example, in Massachusetts, citizen-initiated amendments must secure support from one-fourth of the members of the legislature in two consecutive sessions before appearing on the ballot. In contrast, Florida is the only state where commissions are empowered to place amendments directly on the ballot.
The amendment process in the United States can also be initiated by citizens through a petition or referendum process, depending on the state. Most states require a certain number of signatures from registered voters, with thresholds ranging from 3% to 15% of votes cast in the last gubernatorial election. Some states, like Arizona and Oklahoma, have higher requirements, while others, like Massachusetts, have lower thresholds.
In summary, the process of amending the United States Constitution is deliberately challenging, with amendments requiring a two-thirds majority in Congress and ratification by three-fourths of state legislatures. The amendment process for state constitutions varies, with some states like Massachusetts having specific requirements for citizen-initiated amendments, while others, like Florida, have commissions with direct ballot-placement powers. Citizen-initiated amendments can also be proposed through petitions or referendums, with varying signature requirements across states.
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Amendments can be proposed by a People's Initiative
The process of amending the United States Constitution is deliberately designed to be challenging. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. However, amendments can also be proposed through a People's Initiative, which involves citizens taking a more direct role in the process.
A People's Initiative allows citizens to propose amendments to the Constitution directly, bypassing the usual route through Congress. This method of proposing amendments is an example of direct democracy, where the people have a more direct influence on the creation of laws and policies. While it is a challenging process, it empowers citizens to take an active role in shaping the Constitution.
The specific process of a People's Initiative can vary across different states and jurisdictions. In some states, citizens must collect a certain number of signatures to support the proposed amendment. For example, Arizona and Oklahoma have a high bar, requiring signatures from 15% of voters in the last gubernatorial election. Other states, like Massachusetts, set a lower threshold of 3%. Some states also have geographic distribution requirements, such as collecting signatures from a certain percentage of registered voters in each state senate district.
Once the required number of signatures is collected, the proposed amendment can be placed on the ballot for voter consideration. In some states, citizen-initiated amendments may need to secure support from a portion of the legislature before appearing on the ballot. For example, in Massachusetts, amendments must gain support from one-fourth of the members of the legislature in two consecutive sessions.
After qualifying for the ballot, citizen-initiated amendments typically need to be ratified by a simple majority of voters, similar to legislature-referred amendments. However, certain states, like Nevada, require an additional step, with amendments needing approval by a majority of voters in two consecutive elections. While citizen-initiated amendments are less common than those proposed by legislatures, they provide a mechanism for citizens to drive constitutional change directly.
Amendments can be proposed by a Constituent Assembly
The process of amending a constitution is often a difficult and time-consuming endeavour. The United States Constitution, for instance, has only been amended 27 times since it was drafted in 1787. This is because the framers of the Constitution intended for it to "'endure for ages to come'", making the process of amending the document challenging.
Amendments to a constitution can be proposed through various methods, depending on the jurisdiction. One such method is through a Constituent Assembly. A Constituent Assembly is a body of elected representatives who are tasked with either drafting or amending a constitution. This method is often used when there is a need for significant constitutional reform or when a country is transitioning to a new form of government.
The process of using a Constituent Assembly to propose amendments can vary. In some cases, the assembly may be specifically convened for the purpose of amending the constitution, and may be composed of delegates chosen for this specific task. In other cases, the existing legislative body may act as the Constituent Assembly and propose amendments as part of their regular functions.
The specific procedures for convening and operating a Constituent Assembly will depend on the laws and regulations of the particular jurisdiction. For example, in the case of the Constitution of the Republic of China, amendments can be proposed by one-fifth of the total number of delegates to the National Assembly, and must be passed by a resolution of three-fourths of the delegates present, with a quorum of two-thirds of the entire Assembly.
The use of a Constituent Assembly to propose constitutional amendments allows for a dedicated and focused approach to the amendment process. It brings together a diverse range of representatives, enabling a comprehensive discussion and consideration of proposed amendments. This method can facilitate a more efficient process, as the assembly is specifically tasked with addressing constitutional matters.
Frequently asked questions
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.
The process to amend the constitution differs from one jurisdiction to another. In the United States, the authority to amend the Constitution comes from Article V of the Constitution. Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment then needs to be ratified by three-fourths of the States (38 out of 50). In other countries, amendments are proposed by a People's Initiative, a Constituent Assembly, or a Constitutional Convention.
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted four years later as the Bill of Rights.
Amending the constitution is a very difficult and time-consuming process. Chief Justice John Marshall wrote in the early 1800s that 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.
