Malcolm Rivera
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V outlines the procedure for altering the Constitution, which involves proposing an amendment and subsequent ratification. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. This can be done through state legislatures or ratifying conventions, with Congress deciding the mode of ratification. While Congress has proposed 33 amendments, all of which originated from Congress, none have been proposed by constitutional convention.
| Characteristics | Values |
|---|---|
| Country | United States |
| Authority | Article V of the Constitution |
| Amendment proposer | Congress with 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 |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment implementation | Amendment comes into effect when it is published in the Government Gazette, unless the text of the amendment specifies a different date |
| Number of amendments | 27 |
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What You'll Learn
Article V of the US Constitution
The authority to amend the US Constitution comes from Article V of the Constitution. This article outlines the procedure for altering the Constitution.
Article V establishes two methods for proposing amendments to the Constitution. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far, with Congress proposing 33 amendments using this procedure. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.
Once an amendment is proposed, it must be ratified. Congress decides whether the proposed amendment will be sent to state legislatures or state ratifying conventions for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths (38 out of 50) of the states, either through legislatures or ratifying conventions. The legislatures or conventions then send authenticated ratification documents to the OFR, which drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Article V also contains provisions prohibiting the amendment of certain clauses in Article I until 1808. These include clauses preventing Congress from passing any law restricting the importation of slaves before 1808 and requiring direct taxes to be apportioned according to state populations.
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The role of Congress
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Article V outlines the role of Congress in the amendment process.
Congress plays a crucial role in proposing and ratifying amendments to the Constitution. Firstly, Congress has the power to propose amendments whenever two-thirds of both Houses deem it necessary. This is known as the "proposal stage". To propose an amendment, Congress must pass a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. This joint resolution is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
Once an amendment is proposed by Congress, it enters the "ratification stage". During this stage, Congress has the authority to choose the mode of ratification. The amendment must be ratified by either three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states. This decision is made by Congress, and each method carries equal validity.
In the history of the United States, all 33 amendment proposals submitted to the states for ratification have originated in Congress. This demonstrates the central role of Congress in the amendment process. However, it is important to note that state legislatures can apply pressure on Congress by calling for a national convention to propose a desired amendment.
Congress also plays a role in the administrative aspects of the amendment process. After an amendment is proposed, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. While Article V does not describe the ratification process in detail, the Archivist follows established procedures and customs, including delegating some duties to the Director of the Federal Register.
Overall, the role of Congress in amending the Constitution is significant. Congress initiates the amendment process by proposing amendments with a two-thirds majority vote, chooses the mode of ratification, and ensures the proper administration of the process through NARA.
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Ratification by state legislatures
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is sent to the states for ratification. Congress decides whether the proposed amendment will be ratified by state legislatures or state ratifying conventions.
State legislatures have the power to apply for a national convention to pressure Congress into proposing a desired amendment. This convention option has been described as a political tool that enables state legislatures to "erect barriers against the encroachments of the national authority." Although all 33 amendment proposals sent to the states for ratification originated in Congress, state legislatures have used their power to call for a convention to influence Congress to propose an amendment.
Once an amendment is ratified by three-fourths of US state legislatures (38 out of 50), it becomes part 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. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
State legislatures also play a role in proposing and ratifying amendments to their respective state constitutions. For example, in California, two-thirds of the membership of each chamber of the state legislature must propose an amendment, which is then put to a statewide vote for ratification or rejection. In Alabama, a 60% vote is required from both chambers of the state legislature to place a constitutional amendment on the ballot. A simple majority is required in each chamber to send a constitutional convention question to voters, and any amendments proposed by the convention must be ratified by a simple majority vote of the electorate.
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The convention option
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The convention option, also referred to as an Article V Convention, is one of two methods authorized by Article V of the United States Constitution for proposing amendments to the Constitution. This method involves a convention for proposing amendments, called by Congress, at the request of two-thirds of the state legislatures (34 out of 50).
Despite the convention option being included in Article V, there has been debate over whether Congress must call a convention upon the request of two-thirds of the states. Some scholars argue that this language obligates Congress to call for a convention after receiving the requisite number of state requests, while others suggest that Congress might use its discretion to determine that limited conventions are not allowed.
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Amendments in other countries
The procedures for amending a country's constitution vary across the world. In some countries, the constitution is amended through a referendum, where the proposed changes are put to a public vote. This can be seen in countries like Myanmar, where the constitution has been amended through referendums in 1973 and 2008. Australia, Ireland, and Switzerland also require amendments to be passed by the electorate, with Australia requiring a majority of voters in a majority of states. In the case of Ireland, a simple majority of those voting at the electorate is sufficient.
Other countries, like Bulgaria, Ethiopia, and Albania, require a supermajority in the legislature for amendments to be passed. For instance, under the current Constitution of Bulgaria (1991), the Parliament can amend the Constitution for minor issues with a three-quarters majority, or a two-thirds majority upon reintroduction in parliament after two months. 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. The Constitution of Albania can be amended with a two-thirds approval of the Assembly members, and if they decide, the proposed amendment can be voted on in a referendum.
Some countries have multiple procedures for amending their constitution, depending on the part of the constitution being amended. For example, Bulgaria has a special amendment procedure for changing its international borders, form of government, and the application of the Constitution and international treaties.
In certain cases, the amendment process may involve a combination of legislative and referendum procedures. For instance, in Australia, after the proposed law for alteration passes both Houses of Parliament, it must be voted on by the electors within two to six months.
It is worth noting that some constitutions, like that of the United Kingdom, do not have a single document but consist of various written and unwritten acts, statutes, common laws, and practices that collectively describe the fundamental principles governing the country.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
Article V of the Constitution describes the procedure for altering the Constitution. It outlines the process to alter the Constitution, which consists of proposing an amendment or amendments, and subsequent ratification.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures.
After an amendment is proposed, it must be ratified by three-fourths (38 out of 50) of the states. Congress decides whether a proposed amendment is sent to the state legislatures or to state ratifying conventions for ratification.
The Constitution has been amended 27 times since it was adopted. All 33 amendment proposals that have been sent to the states for ratification since the establishment of the Constitution have come via Congress.
