Isabella Carter
Adding an amendment to a constitution is a modification of the constitution of a polity, organization, or other type of entity. The process of amending a constitution varies across different countries. For example, 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. On the other hand, Australia and Ireland require that all amendments be first passed by the legislature before being submitted to the people. In Germany, the 1919 Weimar Constitution allowed laws reaching the necessary supermajorities in both chambers of parliament to deviate from the constitution without becoming part of it. This was changed in the postwar 1949 constitution, which only allows amendments by explicitly changing the text of the constitution.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Difficulty of amending the US Constitution | High |
| Number of amendment proposals sent to states for ratification | 33 |
| Number of amendments not ratified by states | 6 |
| Number of amendments pending | 4 |
| Number of amendments failed | 2 |
| Number of measures to amend the Constitution proposed in Congress | >10,000 |
| Minimum number of states required to ratify an amendment | 38 of 50 |
| Number of amendments to the Constitution of Ethiopia | N/A |
| Requirement to modify the Constitution of Ethiopia | 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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What You'll Learn
- Amendments are proposed by Congress with a two-thirds majority in both houses
- State legislatures can apply for a national convention to pressure Congress
- A proposed amendment becomes an official Article of the Constitution when ratified by three-fourths of the States
- Amendments are interwoven into the relevant sections of an existing constitution
- The Archivist of the United States is responsible for administering the ratification process
Amendments are proposed by Congress with a two-thirds majority in both houses
The process of amending the United States Constitution is deliberately challenging. Since the Constitution was drafted in 1787, it has been amended only 27 times, with the first 10 amendments being adopted simultaneously as the Bill of Rights.
Congress proposes an amendment in the form of a joint resolution, which does not require presidential approval. Once approved by Congress, the joint resolution is forwarded 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, as well as assembling an information package for the states.
The proposed amendment is then sent to the states for ratification. It becomes an official part of the Constitution once it is ratified by three-quarters of the states (38 out of 50). The Archivist of the United States is responsible for administering the ratification process and officially notifying the states that an amendment has been proposed. Each state then formally submits the amendment to their state legislature or ratifying convention for approval.
Once the required number of states have ratified the amendment, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution. The amendment and its certificate of ratification are published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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State legislatures can apply for a national convention to pressure Congress
The United States 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. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the State legislatures (34 out of 50). This is known as an Article V convention, and it has never been used.
State legislatures have the power to apply for a national convention to pressure Congress into proposing a desired amendment. This is because some believe that Congress would be the first to perceive the need for an amendment, and leaving the matter to the states would mean that only alterations increasing the powers of the states would be proposed. Thus, state legislatures can use this power to prod Congress into proposing an amendment on a particular matter.
Historically, state legislatures have adopted resolutions demanding that a convention be called, thereby pressuring the Senate to approve. For example, the movement to amend the Constitution to provide for the direct election of senators began to see such proposals pass the House of Representatives only to be blocked in the Senate. As more and more state legislatures demanded a convention, the Senate eventually relented and approved what later became the Seventeenth Amendment.
In recent years, several states have applied to Congress for a convention to propose a balanced budget amendment. As of 2017, 29 states had joined this push for a national convention of states.
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A proposed amendment becomes an official Article of the Constitution when ratified by three-fourths of the States
Amending the United States Constitution is a difficult and time-consuming process. The Constitution has been amended only 27 times since it was drafted in 1787. The framers made it challenging to amend the document to ensure its longevity.
Once a proposed amendment has been ratified by the required number of states, it becomes an operative part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and officially notifying the states that an amendment has been proposed. Each state then formally submits its ratification to the Archivist. Upon receiving the necessary number of state ratifications, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution.
The certification document is published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process has been completed. The certification includes a list of the states that ratified the amendment and is used to keep an official record and archive of the amendment. The amendment usually goes into force once it is ratified, although there may be a delay in some cases.
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Amendments are interwoven into the relevant sections of an existing constitution
Amendments are modifications to the constitution of a polity, organisation, or other types of entities. They are often interwoven into the relevant sections of an existing constitution, directly altering the text. For example, the amendments to the United States Constitution, which has been amended 27 times since 1787, are directly woven into the text. The first 10 amendments were adopted four years later as the Bill of Rights.
In some cases, amendments can be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. For instance, the 27 amendments to the Constitution of the United States have been appended as supplemental additions.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, the German Weimar Constitution of 1919 allowed any law that reached the necessary supermajorities in both chambers of parliament to deviate from the constitution without becoming part of it. This very wide definition of "amendment" was ruled out in the 1949 constitution, which only allows amendments by explicitly changing the text.
Similarly, the Constitution of Ethiopia 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. Additionally, some sections of the Ethiopian constitution, such as those describing human and democratic rights, require the total consensus of the federal regional states and two-thirds of each house of Parliament to be amended.
In the United States, 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, the Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. The Director also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
After an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and officially notifying the states that an amendment has been proposed. Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. The Archivist then issues a certificate proclaiming the amendment duly ratified and part of the Constitution.
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The Archivist of the United States is responsible for administering the ratification process
Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes an official part of the Constitution. 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. The Director of the Federal Register, who works closely with the Archivist, examines the ratification documents for legal sufficiency and authenticity.
If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails. The Office of the Federal Register (OFR) then verifies that it has received the required number of authenticated ratification documents. Once this verification is complete, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The Archivist's certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. While the Archivist does not make substantive determinations about the validity of state ratification actions, their certification of the legal sufficiency of ratification documents is final and conclusive. This certification has become a ceremonial function attended by dignitaries, including the President.
The current Archivist of the United States, Dr. Colleen Shogan, is responsible for upholding the integrity of the constitutional amendment process and ensuring that any changes to the Constitution are carried out according to the law.
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. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
The process for adding an amendment to a constitution can vary depending on the country and the specific rules outlined in that country's constitution. In the United States, for example, there are two methods for proposing and ratifying amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the state legislatures. The second method involves a constitutional convention called for by two-thirds of the state legislatures, followed by ratification by three-fourths of the states.
The amendment process typically involves the legislative branch of the government, such as the Congress or Parliament, and may involve the executive branch, such as the President or Governor. In some countries, the amendment process may also involve the people directly, who can approve amendments through a referendum or popular vote.
The amendment process can vary in length depending on the complexity of the amendment and the specific requirements for ratification. It is generally a difficult and time-consuming process, often involving multiple levels of government and requiring supermajority support.
Successful constitutional amendments vary by country. In the United States, notable amendments include the Bill of Rights (the first 10 amendments), the 18th Amendment (Prohibition), the 19th Amendment (giving women the right to vote), and the 26th Amendment (lowering the voting age to 18). In other countries, constitutional amendments have addressed a range of issues, such as human and democratic rights, the election of officials, and the balance of power between national and regional authorities.
