Malcolm Rivera
The amendment process for changing a constitution varies from country to country. In the United States, Article V of the Constitution provides the authority to amend it. 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. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states. Other countries, like Australia, require amendments to be passed by the legislature and then submitted to a referendum for a simple majority vote. The Constitution of Ethiopia can only be modified by a two-thirds majority of its regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly.
| Characteristics | Values |
|---|---|
| Country | United States |
| Authority | Article V of the Constitution |
| 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 |
| Proposal Form | Joint resolution |
| Ratification Process | Administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Ratification Requirement | Three-fourths of the States (38 out of 50) |
| Special Procedures | Supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both |
| Number of Amendments | 27 |
| Example of Amendment Process | The 27th Amendment was ratified when it surpassed the required number of states, with the Archivist proclaiming its ratification |
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What You'll Learn
Amendments to the US Constitution
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments to the Constitution 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. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The certification of the amendment is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
The process of amending the US Constitution is designed to be stringent and may involve supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President.
While Article V provides the framework for amending the Constitution, scholars disagree on whether it is the exclusive method. Some argue that it does not prevent the people from exercising their legal right to alter or abolish the government independently. Others defend Article V as a vital part of the American constitutional tradition, providing a clear and stable way of amending the document.
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Article V of the US Constitution
Article V establishes two methods for proposing amendments. The first method, which has been used for all 27 amendments to date, requires a two-thirds majority vote in both the House of Representatives and the Senate. 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 to become part of the Constitution. Article V provides two methods for ratification as well. The first method requires ratification by the legislatures of three-fourths of the states (38 out of 50 states). The second method involves ratification by conventions in three-fourths of the states. Congress determines which method of ratification the states must follow.
The authority to amend the Constitution is derived from Article V. After Congress proposes an amendment, the Archivist of the United States administers the ratification process. The Archivist follows procedures established by the Secretary of State and the Administrator of General Services. The certification of the amendment's validity is published in the Federal Register, serving as official notice of the completed amendment process.
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Amendments to other constitutions
The process of amending a constitution varies across different countries. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. 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 proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
The Indian Constitution, on the other hand, can be amended by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress. Amendments are adopted by a majority vote of more than two-thirds of all the deputies to the Congress. Since its commencement in 1950, the Indian Constitution has been amended 106 times as of August 2021.
The Constitution of Ethiopia presents a more challenging amendment process. While most provisions can 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, some chapters and articles are almost unamendable. These include Chapter Three, which outlines human and democratic rights, and Articles 104 and 105, which require the total consensus of the federal regional states and two-thirds of each house of Parliament.
In Australia, constitutional amendments must first be passed by the legislature before being submitted to a referendum. For a referendum to succeed, a majority of states (New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania) must agree, along with a majority of the combined votes of all Australians. This stringent process has resulted in only 8 successful referendums out of 44 since 1906.
The British system, while not having an explicit constitution, provides insight into the challenges of amending governing documents. The Fixed-term Parliaments Act 2011 restricted the Prime Minister's ability to dissolve Parliament and call for a general election. However, this act was repealed in 2022, demonstrating the difficulty of implementing permanent restrictions on future governments.
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Limitations of Article V
Article V of the U.S. Constitution outlines the process for proposing and ratifying amendments, with two-thirds of both houses of Congress deeming it necessary, or two-thirds of state legislatures applying for a convention. Ratification is achieved with the approval of three-fourths of state legislatures or conventions.
However, there are several limitations to this process. Firstly, certain subjects are deemed unamendable by the last two sentences of Article V. One of these prohibitions, which has now expired, prevented amendments before 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. The second sentence, still in effect, prohibits amendments that would deprive states, without their consent, of equal representation in the Senate.
Another limitation is the strictness of the amendment process, which makes it challenging to enact amendments. This strictness has been criticised for making it too difficult to amend the Constitution and for being biased in favour of the federal government, hindering amendments that would limit the national government's powers. This is further exacerbated by the fear of a "runaway convention", where a convention called to propose amendments on one subject instead proposes them on other matters. As a result, many amendments that would have limited the government's powers have not been proposed due to institutional interests.
Additionally, the amendment process has been criticised for being too formal and undemocratic, with commentators debating whether Article V is the exclusive means of amending the Constitution. Some scholars argue that the people of the United States may amend the Constitution using methods not outlined in Article V, while others defend it as a clear and stable way of amending, promoting wisdom and justice.
Furthermore, the Constitution is silent on whether Congress can limit the time for state ratification of amendments, leading to concerns about Congress's ability to extend deadlines. This has been a point of contention, with all amendments proposed since 1917, except for two, including ratification deadlines.
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The amendment process
In other countries, the amendment process can differ. For example, in Australia, a bill for amendment may be passed by one house and refused by another. In this case, the Governor-General may submit the proposed change for a referendum, where Australians vote on the proposal. For the referendum to succeed, a majority of states and a majority of the combined votes of all of Australia must agree. This process has resulted in only 8 successful referendums out of 44 since 1906.
The Constitution of Ethiopia presents another variation, requiring a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly to modify the constitution, according to Article 105. However, Chapter Three, which covers Human and democratic rights, and Articles 104 and 105, are nearly impossible to amend as they demand total consensus from the federal regional states and two-thirds of each house of Parliament.
Additionally, the 1919 German Weimar Constitution had a very broad definition of "amendment," allowing any law that achieved supermajorities in both chambers of parliament to deviate from the constitution. This enabled Adolf Hitler's rise to power, so the postwar 1949 constitution explicitly requires amendments to change the text of the constitution.
Overall, the amendment process is a critical mechanism for changing the constitution, and it varies in complexity and requirements across different countries and their specific constitutional frameworks.
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Frequently asked questions
Article V of the United States Constitution allows for changes to be made to the Constitution.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. An amendment can also be proposed by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50).
There have been 27 amendments to the US Constitution, including the Bill of Rights, which was the first 10 amendments ratified in 1791. Other amendments include the 24th, 25th, and 26th Amendments, which were certified by President Johnson and President Nixon, respectively.
While most constitutions require special procedures for amendments, there have been instances where amendments have been made without strictly following these procedures. For example, the 1919 German Weimar Constitution allowed for deviations from the terms of the constitution if a supermajority in both chambers of parliament was reached. This led to the rise of Adolf Hitler, and subsequent constitutions have sought to prevent this by requiring explicit changes to the text.
The process of amending the constitution typically involves the legislative body and/or the electorate. However, scholars disagree on whether citizens can propose amendments independently of legislative processes. Some argue that Article V of the US Constitution allows citizens to act apart from the government in altering the constitution, while others contend that Article V is the exclusive means of amendment.
