Omar Bennett
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can directly alter the text of the constitution or be appended as supplemental additions. The process of amending a constitution varies across jurisdictions. For example, in the United States, a proposed amendment must be ratified by three-fourths of the states to become part of the Constitution, while in Ireland, a simple majority of voters is required. The number of amendments to a constitution can vary, with some, like the US Constitution, having 27 amendments, and others, like the former constitution of Alabama, being amended 977 times. Understanding which constitutional amendment one aligns with can provide insight into one's political beliefs and values.
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What You'll Learn
How are constitutional amendments ratified in the US?
The process of ratifying constitutional amendments in the US involves several steps and requirements. Firstly, the US Constitution, specifically Article V, grants the authority to propose and ratify amendments. The process can be initiated by Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention called for by two-thirds of the state legislatures can propose an amendment. However, in practice, all amendments have been proposed by Congress through a joint resolution, bypassing the need for presidential approval.
Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA), where the Archivist of the United States assumes responsibility for administering the ratification process under 1 U.S.C. § 106b. The Archivist works in conjunction with the Director of the Federal Register, following established procedures and customs. The proposed amendment is then submitted to the states for ratification.
For an amendment to become an official part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When a state ratifies a proposed amendment, it submits an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register for examination and custody. The Office of the Federal Register (OFR) plays a crucial role in verifying the authenticity and legal sufficiency of ratification documents.
Once the OFR confirms the required number of authenticated ratification documents, the Archivist certifies 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. The certification includes a list of states that ratified the amendment and is signed by various dignitaries, sometimes including the President. This process ensures the legitimacy and transparency of constitutional amendments in the United States.
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What is the role of the President in the amendment process?
The US Constitution does not outline a specific role for the President in the amendment process. The Constitution states that amendments 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 state legislatures. In either case, the President is not involved in the proposal stage.
Historically, some Presidents have played a role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congressional approval. Additionally, in a few instances, Presidents have signed certifications for amendments as witnesses, such as President Johnson for the 24th and 25th Amendments, and President Nixon for the 26th Amendment.
In modern times, 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 duties to the Director of the Federal Register, who drafts a formal proclamation for the Archivist to certify that an amendment is valid and part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice of the amendment's completion. The signing of this certification has become a ceremonial function that may include the President.
While the President does not have a constitutional role in the amendment process, their presence in the ceremonial aspects of the process, as well as their historical role in transmitting proposed amendments to the states, highlights a limited but notable involvement in the broader amendment process.
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How do constitutional amendments differ internationally?
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or even a combination of two or more different special procedures.
The process of amending a constitution varies internationally. For example, in the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed. In Ireland and Australia, on the other hand, amendments are drafted in the form of Acts of Parliament but cannot become law until they have been approved in a referendum. In Japan, the Emperor promulgates amendments in the name of the people, as an integral part of the Constitution.
The frequency of formal amendments also varies internationally. For instance, the 1946 Constitution of Japan has never been amended, while the Constitution of India, adopted two years later, has been amended over 100 times. This variation makes developing a cross-national comparative indicator of amendment difficulty challenging.
Additionally, the ease of amending a constitution may depend on the political configuration of a country. For example, a country with a dominant political party that supports changing the constitution may find it easier to amend than a country with a multitude of small parties, most of which oppose constitutional amendment.
Furthermore, the specific procedures for amending a constitution may differ. For instance, in the United States, 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. In contrast, other countries may have different requirements for proposing and ratifying amendments.
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What is the history of constitutional amendments in the US?
The United States Constitution has been amended 27 times since it was first put into operation on March 4, 1789. The process of amending the Constitution is outlined in Article V of the Constitution and involves a two-step process of proposal and ratification.
The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. These amendments were proposed by the First Congress of the United States on September 25, 1789, and included what we now know as the First Amendment, protecting freedom of speech, freedom of religion, freedom of the press, and the right to peaceful assembly.
Since then, 17 more amendments have been added to the Constitution, with the most recent one, the 27th Amendment, being ratified in 1992, 203 years after it was first proposed in 1789. This amendment deals with congressional compensation and states that any change in salary for members of Congress will only take effect after the next election of representatives.
The process of amending the Constitution involves either 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. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The Archivist of the United States is responsible for administering the ratification process and issuing a certificate to proclaim that an amendment has become an operative part of the Constitution.
The process of amending the US Constitution is a rigorous and deliberate one, designed to ensure that any changes to the nation's foundational document are carefully considered and widely supported.
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What is the First Amendment?
The First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. It is a part of the Constitution that prevents Congress from making laws that infringe on specific freedoms.
The First Amendment protects the freedom of religion, speech, the press, assembly, and the right to petition the government for redress of grievances. It ensures that Congress shall make no law respecting an establishment of religion or prohibiting its free exercise. This encompasses the two big arenas of religion in constitutional law: establishment cases deal with the Constitution's ban on Congress endorsing, promoting, or becoming too involved with religion, while free exercise cases deal with Americans' rights to practice their faith.
The First Amendment also protects the freedom of speech, including the right to believe, speak, write, and publish one's views without interference from the government. This freedom is not absolute, however, as the Supreme Court has ruled that it does not protect all speech and that certain limitations may be necessary in some cases.
Additionally, the First Amendment guarantees the freedom of the press, which includes the media's right to gather and report news and information without government interference. This freedom is crucial for ensuring a well-informed public and fostering a platform for diverse viewpoints and ideas.
The right to assemble peaceably and petition the government is also safeguarded by the First Amendment. This right allows individuals to gather and associate with others for a common purpose, whether for social, economic, or political reasons, and to collectively address the government to seek redress for any grievances they may have.
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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. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
Amendments to the US Constitution are proposed by the US 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 an amendment is proposed, it is sent to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states).
There have been 27 amendments to the US Constitution, including the Bill of Rights (the first 10 amendments), and the 13th, 14th, and 15th amendments, collectively known as the Reconstruction Amendments. The Twenty-first Amendment, ratified in 1933, is the only amendment that explicitly repeals a previous amendment, in this case, the Eighteenth Amendment, which established the prohibition of alcohol.
Approximately 11,848 proposals to amend the US Constitution have been introduced in Congress since 1789, as of January 3, 2019. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress.
