Isabella Carter
The process of amending a constitution varies across different jurisdictions. In the United States, the Constitution can be amended either by 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 state legislatures. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the state legislatures. This process has only been successfully completed 27 times since the Constitution was drafted in 1787. The amendment process is designed to be difficult, ensuring that amendments are reserved for significant changes that impact all Americans or secure the rights of citizens.
| Characteristics | Values |
|---|---|
| Country | United States |
| Amendment proposer | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative amendment proposer | Constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Ratified by three-fourths of the States (38 of 50 States) |
| Amendment certification | Signed by the Archivist of the United States |
| Amendment process | Difficult and time-consuming |
| Number of amendments | 27 |
| Amendment frequency | Rare |
| Amendment scope | Major impact affecting all Americans or securing rights of citizens |
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What You'll Learn
Two-thirds majority vote in the House of Representatives and the Senate
The United States Constitution was designed to be a durable document that would "endure for ages to come". As a result, the process of amending it is deliberately difficult and time-consuming. 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.
Amending the US Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in each house must vote in favour of the proposed amendment. This process falls under Article V of the Constitution and is the only method that has been used to propose amendments thus far. The President does not have a constitutional role in this process and cannot veto an amendment.
The two-thirds majority vote in the House of Representatives and the Senate is an important step in the amendment process, but it is not the only requirement. After an amendment is proposed by Congress, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
It is worth noting that, while the two-thirds majority vote in Congress is a common method for proposing amendments, there is another option. The state legislatures can also initiate the amendment process by calling for a Constitutional Convention. This involves two-thirds of the state legislatures applying to Congress to propose amendments. However, this method has never been used to propose any of the existing 27 amendments.
The two-thirds majority vote in the House of Representatives and the Senate is a crucial step in the process of amending the US Constitution. It ensures that any changes made to this foundational document are carefully considered and supported by a supermajority in both chambers of Congress.
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Ratification by three-fourths of the States
The United States Constitution was designed to be a durable document that would "endure for ages to come". As a result, the process of amending it is deliberately difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments have been proposed by a constitutional convention.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). This process is administered by the Archivist of the United States, who heads 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. Once the OFR, a department within NARA, verifies that the required number of authenticated ratification documents has been received, 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 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 completed.
The amendment process can begin in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far. The second option is for two-thirds of the state legislatures to request that Congress call a constitutional convention to propose amendments. However, this has never happened.
It's worth noting that the President does not have a constitutional role in the amendment process, and any proposed amendment does not require the President's signature or approval. The amendment process in the United States is a detailed and stringent procedure, reflecting the importance and permanence of constitutional amendments.
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Amendments by constitutional convention
The United States Constitution, written in 1787, was intended "to endure for ages to come". Amending the Constitution is, therefore, a difficult task. One of the methods by which the Constitution may be amended is through a constitutional convention.
A constitutional convention, also referred to as an Article V Convention, is one of two methods authorized by Article Five of the United States Constitution for proposing amendments to the Constitution. This method involves two-thirds of the State legislatures (34 out of 50) applying to Congress to call a convention for proposing amendments. The convention method has never been used, with 33 amendments proposed by the alternative method of a two-thirds vote in both houses of Congress, and 27 of these ratified by three-fourths of the States.
The first proposal for a method of amending the Constitution was contained in the Virginia Plan, which sought to bypass the national legislature. This was modified by the Committee of Detail to include a process whereby Congress would call for a constitutional convention on the request of two-thirds of the state legislatures. James Madison, the "Father of the Constitution", expressed concern about the lack of detail in the article regarding how the convention amendment process would work. He later proposed removing references to the convention amendment process, giving the national legislature sole authority to propose amendments whenever it was deemed necessary or when two-thirds of the states applied to the national legislature.
Some scholars have speculated that states may influence Congress to propose an amendment on a particular matter by applying for an Article V convention on that issue. However, there is debate as to whether Congress must call a convention upon the request of two-thirds of the states, and whether the convention would be limited to considering amendments on a particular matter or be a general convention.
Despite the convention method never having been used, there have been calls for a new constitutional convention. A retired federal judge, Malcolm R. Wilkey, argued that "the Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected".
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Special procedures for amendments
Amending a constitution is a difficult and time-consuming process. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures may include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become law through an Act of Parliament. However, even in these cases, a special procedure is often required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved by a referendum in addition to being passed as Acts of Parliament.
In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or approval. The amendment must be passed by 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, although this has never occurred. Once proposed, the amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply. A constitutional amendment bill must be introduced in the National Assembly and published for public comment at least 30 days beforehand. It can only contain provisions related to constitutional amendments and directly related matters. Once passed by the National Assembly, certain amendments must also be approved by the National Council of Provinces (NCOP) with a supermajority of at least six out of nine provinces. If an amendment affects a specific province, it must also be approved by that province's legislature. Finally, the amendment must be signed and assented to by the President and published in the Government Gazette to take effect.
The Constitution of Ethiopia provides another example of special procedures for amendments. 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. Additionally, certain chapters and articles are considered almost unamendable and require the total consensus of the federal regional states and a two-thirds majority in each house of Parliament.
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The President's role in the amendment process
The process of amending the US Constitution is a challenging and time-consuming endeavour. It is worth noting that the President does not have a constitutional role in the amendment process and that the joint resolution does not require their signature or approval. This is in contrast to the process of amending the Constitution of South Africa, for example, which requires the President's signature and assent.
The US Constitution has been amended only 27 times since it was drafted in 1787, indicating the rarity of successful amendments. The first 10 amendments, known as the Bill of Rights, were adopted four years later. The process of proposing an amendment typically begins with Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose amendments, although this has never occurred.
Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures (38 out of 50 states). The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
While the President does not have a direct role in proposing or ratifying amendments, they may participate in the ceremonial function of signing the certification as a witness. This was the case with President Johnson for the 24th and 25th Amendments, and President Nixon for the 26th Amendment.
In summary, while the President may occasionally be involved in the ceremonial aspects of the amendment process, they do not have a formal role in proposing or ratifying amendments to the US Constitution. The amendment process is deliberately designed to be challenging, ensuring that any changes to the Constitution are significant and widely supported.
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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 authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
Amending the constitution is a difficult and time-consuming process. The framers made it challenging to ensure the document's longevity. The idea for an amendment must have a significant impact on all Americans or secure the rights of citizens.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Director of the Federal Register assists the Archivist and follows procedures established by the Secretary of State and the Administrator of General Services.
The Constitution has been amended 27 times since it was drafted in 1787, including the first ten amendments adopted as the Bill of Rights. The 24th, 25th, and 26th Amendments were certified by Presidents Johnson and Nixon. Other notable amendments include the ERA Amendment and proposals for voluntary school prayer and making English the official language.
