Amending The Constitution: Where Does It Start?

The process of amending a constitution varies across jurisdictions. In the United States, 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, or by a constitutional convention called for by two-thirds of the state legislatures. The amendment process is deliberately difficult and time-consuming, with 27 amendments since 1787, including the first 10 amendments, known as the Bill of Rights. In other countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, sometimes requiring a referendum. States within the US also have multiple paths for amending their constitutions, which are generally easier to modify than the federal Constitution.

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The legislative method: a supermajority two-thirds vote in both houses of Congress

The legislative method for amending the US Constitution involves a supermajority two-thirds vote in both houses of Congress. This process is outlined in Article V of the Constitution, which authorises any amendments.

To initiate this process, two-thirds of both the House of Representatives and the Senate must vote in favour of a proposed amendment. This is the first step in the legislative method, and it is the only method that has been used thus far to amend the Constitution. It is important to note that this requires two-thirds of the members present, assuming a quorum, rather than two-thirds of the entire membership.

Once this vote has been passed, the proposed amendment is sent to the states for their consideration. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist sends a letter of notification to each state governor, along with informational material.

The states then have the power to ratify the amendment. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). This can be done through the state legislatures or state ratifying conventions, as determined by Congress.

The legislative method for amending the Constitution requires a supermajority in both houses of Congress, followed by ratification by a significant majority of states. This process ensures that any changes to the Constitution reflect the consensus of the country.

The convention method: a two-thirds supermajority can call a convention to revise the Constitution

The convention method, as outlined in Article V of the United States Constitution, allows for a two-thirds supermajority of state legislatures to call for a convention to propose amendments to the Constitution. This method has never been used, with all amendments so far being enacted through the congressional proposal method.

The convention method was included in the Constitution to bypass the federal government, as the congressional proposal method is controlled by the federal government and cannot be relied upon to address federal governmental abuses. Alexander Hamilton, for example, stated that Congress would be obliged to call a convention when two-thirds of the states request it.

The convention method has two steps. First, two-thirds of the state legislatures must apply for a convention. Second, three-quarters of the states must ratify the proposed amendment for it to become part of the Constitution. This can be done either through state legislatures or state conventions, with Congress deciding the mode of ratification.

The convention method has faced opposition and debate. Some scholars argue that Congress may be able to block a convention by reviewing state applications and deciding if enough states have applied. Opponents of congressional regulation of an Article V convention argue that the Constitution does not grant Congress the power to regulate conventions.

The convention method provides an alternative way to propose amendments to the Constitution, allowing states to have a more direct role in the process.

The initiative method: an amendment is proposed by a petition signed by 8% of voters

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, the authority to amend the Constitution is derived from Article V.

One method of proposing an amendment is through the initiative process, which allows citizens to propose and vote on constitutional amendments directly without legislative referral. This process varies by state, and in some states, another round of signatures is required to qualify an initiative for the ballot if the legislature does not approve it. In other states, if the legislature passes a similar law, it precludes an election on the original initiative proposal.

The initiative method involves citizens proposing an amendment by petition, which must be signed by a specific number of voters. The number of signatures required is typically a percentage of the votes cast in the previous gubernatorial election, specifically 8% of the votes for all candidates for governor. This threshold ensures that a significant portion of the electorate supports the proposed amendment.

In some states, such as California, citizens can utilise the ballot initiative process to propose constitutional amendments without the support of the Governor or the Legislature. This process involves writing the text of the proposed amendment (initiative draft) and submitting it to the Attorney General for an official title and summary. Once the initiative draft is approved, petitioners can begin collecting signatures from registered voters. The signatures are then submitted to county election officials for verification, and if the initiative qualifies, it will be placed on the ballot for voters to approve or deny.

The initiative method empowers citizens to directly participate in the constitutional amendment process, bypassing the need for legislative approval. However, it is important to note that the specific procedures and requirements may vary from state to state, and certain states may have unique provisions for the initiative process.

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State constitutions: amended regularly, with 19 states amending at least 100 times

The US Constitution is notoriously difficult to change and has only been amended 27 times. State constitutions, on the other hand, are amended regularly, with 19 states amending their constitutions at least 100 times. This is partly because state constitutions are, on average, three times longer than the federal constitution and contain more extensive detail.

State constitutional conventions were once commonplace, with 250 held in the 50 states between 1776 and 1986. The last full-scale state constitutional convention in the US was in Rhode Island in 1986, where voters approved 8 out of 14 amendments. While conventions have become less common in recent decades, they still offer a path to amending state constitutions. Conventions are typically called by legislators, who must approve a convention referendum.

State constitutions can also be amended through the legislative method, which requires a two-thirds supermajority vote in both the House of Representatives and the Senate. A proposed amendment does not need the governor's signature to be referred to the ballot. The initiative method is another way to amend state constitutions, where an amendment is proposed by a petition signed by voters amounting to 8% of the votes for governor candidates in the previous election. Seventeen states currently allow for citizen-initiated amendments, with varying procedures for qualifying these amendments for the ballot. Once citizen-initiated amendments are on the ballot, they are generally ratified by a simple majority of voters, although some states require a supermajority.

Ratification: an amendment is ratified by three-fourths of the States

The process of amending the Constitution of the United States is a complex and lengthy procedure. The Constitution has been amended 27 times since it was drafted in 1787, and the process of ratification is an important aspect of this.

A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States, or 38 out of 50 States. This process involves several steps and multiple parties. Once an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The proposed amendment is then submitted to the States for their consideration. Each Governor receives a letter of notification, along with informational material prepared by the OFR.

The Governors then formally submit the amendment to their State legislatures, and when a State ratifies the proposed amendment, they send an original or certified copy of the State action to the Archivist, who then conveys it to the Director of the Federal Register. The OFR examines the ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.

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. This certification is also used by the federal government to maintain an official record and archive of the Amendment.

While the process of ratification by three-fourths of the States is crucial, it is important to note that the Constitution also allows for an alternative method to propose amendments. This involves two-thirds of the State legislatures calling for a constitutional convention, although this method has never been used for any of the 27 amendments.

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