Eleanor Finch
Amending a constitution refers to the process of making changes or additions to the fundamental laws and principles that govern a nation. The process of amending a constitution can vary across different countries and is often deliberately designed to be difficult and time-consuming to ensure stability and longevity in the nation's foundational rules. For example, the United States Constitution has been amended only 27 times since 1787, with amendments requiring a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of state legislatures. In contrast, the Turkish constitution has been amended 21 times since its adoption in 1982, with all amendments being approved in a single constitutional referendum in 2017. Belgium's constitution can be amended by the federal legislative power, consisting of the King and the Federal Parliament, following specific procedures outlined in Article 195. Italy has held only four constitutional referendums, while the Netherlands requires a simple majority proposal followed by a two-thirds majority approval for constitutional changes. The process of amending a constitution is a significant undertaking, often requiring supermajority support and involving multiple levels of government, reflecting the importance and permanence of the foundational laws being altered.
| Characteristics | Values |
|---|---|
| Authority to amend | Derived from Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment process | Very difficult and time-consuming |
| Number of amendments to the US Constitution | 27 |
| Example of a country with a different process | Belgium, where the federal legislative power, including the King and the Federal Government, can amend the Constitution |
| Example of a country with a different process 2 | Turkey, where the constitution has been amended 21 times, all at the same time, via a constitutional referendum |
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What You'll Learn
- The US Constitution's Article V outlines the amendment process
- Amendments are proposed by Congress with a two-thirds majority
- Ratification by three-fourths of state legislatures is required
- The Archivist of the US administers the ratification process
- The Federal Register publishes the amendment certification
The US Constitution's Article V outlines the amendment process
The US Constitution's Article V outlines the process of amending the Constitution. According to Article V, Congress can propose amendments to the Constitution when two-thirds of both houses deem it necessary. Alternatively, on the application of the legislatures of two-thirds of the several states, Congress shall call a convention for proposing amendments. In either case, the amendment becomes valid and part of the Constitution when it is ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as proposed by Congress.
The amendment process begins with Congress proposing an amendment in the form of a joint resolution. The President does not have a constitutional role in this process, so the joint resolution does not require their signature or approval. Instead, the original document is sent 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. They also prepare an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
The proposed amendment is then submitted to the states for their consideration. Governors formally submit the amendment to their state legislatures or call for a convention, as specified by Congress. When a state ratifies the proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads NARA. The Archivist, along with the Director of the Federal Register, is responsible for administering the ratification process, following established procedures and customs.
Once the OFR receives 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, serving as official notice to Congress and the nation that the amendment process is complete. In recent history, the signing of the certification has become a ceremonial event attended by dignitaries, sometimes including the President.
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Amendments are proposed by Congress with a two-thirds majority
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method, which has been the only method used thus far, involves the proposal of an amendment by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process does not require the presence of a quorum, meaning that the number of members present does not affect the validity of the vote.
The process of proposing an amendment by Congress involves a joint resolution, which does not require the signature or approval of the President. The original document is then 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 process. 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.
Once an amendment is proposed by Congress, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who is responsible for administering the ratification process. The Archivist delegates many of the ministerial duties to the Director of the Federal Register. The OFR examines the ratification documents for facial legal sufficiency and an authenticating signature.
If the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted 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 to Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial function that may be attended by various dignitaries, including the President.
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Ratification by three-fourths of state legislatures is required
The process of amending the United States Constitution is a challenging and lengthy process. The Constitution has been amended only 27 times since 1787, and all amendments have been proposed by Congress, with none proposed by a constitutional convention. The process begins with Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Following this, the proposed amendment is sent to the state legislatures or a constitutional convention, as specified by Congress.
Once a proposed amendment is submitted to the state legislatures, it must be ratified by three-fourths of the states, or 38 out of 50 states, to become part of the Constitution. This means that the state legislatures must approve and accept the proposed changes. Each state that ratifies the amendment sends an original or certified copy of the state's action to the Archivist of the United States, who is responsible for administering the ratification process. The Office of the Federal Register (OFR) within NARA examines these documents for authenticity and legal sufficiency.
The OFR plays a crucial role in the ratification process. It verifies the receipt of the required number of authenticated ratification documents from the states. Once the necessary number of states has ratified the amendment, the OFR 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 is complete.
The process of ratification by three-fourths of state legislatures ensures that any changes made to the Constitution reflect the consensus of a significant majority of states. It allows for a distributed and inclusive decision-making process, giving each state a voice in approving amendments that will impact the entire nation. This ratification process, outlined in Article V of the Constitution, strikes a balance between the need for change and the stability of the nation's foundational document.
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The Archivist of the US administers the ratification process
The process of amending the US Constitution is outlined in Article V of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This responsibility is derived from Article V of the Constitution and the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
Once Congress proposes an amendment, the original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format. They also prepare an information package for the States, which includes formal "red-line" copies of the joint resolution and the statutory procedure for ratification.
The Archivist then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. The Governors formally submit the amendment to their State legislatures, and when a State ratifies the amendment, it sends an original or certified copy of the State action to the Archivist, who conveys it to the Director of the Federal Register.
The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50).
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, serving as official notice to Congress and the Nation that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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The Federal Register publishes the amendment certification
The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, it 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 a State ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the State action, which is then conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
When 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 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 signing of the certification has become a ceremonial function attended by various dignitaries, including, in some cases, the President. This process ensures that any amendments to the Constitution are properly vetted, approved, and certified before becoming an official part of the nation's governing document.
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