The Primary Amendment: Constitutional Cornerstone

A constitutional amendment is a modification of an existing constitution. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. 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 or approval. The original document is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. Amendments 1-10 of the US Constitution make up what is known as The Bill of Rights.

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The US Constitution has 27 amendments

The US Constitution, the nation's primary legal document, has been amended 27 times since its ratification in 1789. The first ten amendments, collectively known as the Bill of Rights, were ratified in 1791 and deal primarily with individual liberties and constraints on the government to protect those liberties. Amendments XI through XXVII were added subsequently, with the latest, the XXVII Amendment, being ratified in 1992.

The process of amending the Constitution is outlined in Article Five and involves a two-step procedure. Amendments must be proposed and ratified before becoming operative. This process is designed to balance the need for change with the stability of the nation's governing document. Amendments can be proposed by a two-thirds majority in both houses of Congress or by a national convention called by Congress upon application by two-thirds of state legislatures. Once proposed, amendments must be ratified by a specified number of states within a set timeframe to become part of the Constitution.

Amendments can take two main forms. The first is a revision to the existing text, where portions of the original text may be deleted or new articles inserted. The second is appending articles of amendment to the end of the main text, leaving the original document intact. This method is most famously associated with the US Constitution but is also used in other jurisdictions like Venezuela.

Some notable amendments to the US Constitution include the 12th Amendment, which outlines procedures for electing the President and Vice President; the 15th Amendment, which guarantees the right to vote regardless of race; the 19th Amendment, which prohibits the denial of the right to vote based on sex; and the 22nd Amendment, which limits the President to two elected terms.

The US Constitution has been a dynamic document, evolving through amendments to adapt to the needs and values of a changing society. The amendment process has allowed for the protection of civil liberties, the expansion of voting rights, and the establishment of checks and balances within the government.

Amendments are changes to the constitution

In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. A less common method is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. This means that in the event of a conflict, an article of amendment will usually take precedence over the provisions of the original text or of an earlier amendment.

There are formal differences in the way constitutional amendments are drafted and written down once they become law. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and cannot be vetoed.

To become part of the US Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Archivist of the United States is responsible for administering the ratification process. Once an amendment is ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution.

Amendments can be appended to the end of the constitution

A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the end of the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. This method of appending articles of amendment is most famously a feature of the United States Constitution, but it is also used in several other jurisdictions, such as Venezuela.

In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The less common method is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. This means that, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text or an earlier amendment.

There are formal differences in the manner in which constitutional amendments are drafted and written down once they become law. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Amendments to the US Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is ratified by three-fourths of the states, the Archivist of the United States certifies that the amendment is valid and has become part of the Constitution.

The special procedures for the amendment of some constitutions vary in their level of exactingness. For example, in Australia, eight out of 44 proposed amendments have been passed over several decades. In contrast, the former constitution of the US state of Alabama was amended 977 times between its adoption in 1901 and its replacement in 2022. Approximately 11,848 proposals to amend the US Constitution have been introduced in Congress since 1789.

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Amendments are proposed by Congress

Amendments to the US Constitution are proposed by Congress in the form of a joint resolution. This process does not require the President's signature or approval, and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) then adds legislative history notes to the joint resolution and publishes it in slip law format.

The US Constitution grants Congress the authority to propose amendments, and a two-thirds majority vote in both the House of Representatives and the Senate is required for this. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the state legislatures, although this method has never been used for any of the 27 amendments to the Constitution.

Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur through the legislatures of three-fourths (38) of the states or state ratifying conventions in three-fourths (38) of the states. The decision on the ratification method rests solely with Congress. The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.

Amendments can be directly interwoven into the relevant sections of the Constitution, altering the existing text. Alternatively, they can be appended to the Constitution as supplemental additions, changing the frame of government without modifying the original text. This method of appending articles of amendment is most famously associated with the US Constitution but is also employed in other jurisdictions like Venezuela.

Amendments require ratification by three-fourths of states

The process of amending the US Constitution is outlined in Article V of the Constitution. This article provides two methods for proposing amendments, one of which has never been used. The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been utilised, states that if two-thirds of state legislatures request it, Congress shall convene a constitutional convention to propose amendments.

Once an amendment is proposed, it must be ratified by three-fourths (38 out of 50) of the states to become part of the Constitution. This can be achieved through a vote of the state legislatures or a state convention, depending on the mode of ratification chosen by Congress. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).

The requirement for ratification by three-fourths of the states ensures that a small minority of states can prevent an amendment from being added to the Constitution. This safeguard allows for a more deliberate and inclusive amendment process, protecting against hasty or polarising changes to the nation's founding document.

The process of amending the Constitution has evolved over time. The first twelve amendments, including the Bill of Rights, were added by 1804. After a long hiatus, three significant amendments were made following the Civil War: the Thirteenth (outlawing slavery), Fourteenth (protecting equal civil rights), and Fifteenth (prohibiting racial discrimination in voting). There were questions about the proper ratification of these amendments due to the uncertain status of Confederate states, but today they are universally recognised as part of the Constitution.

In conclusion, the requirement for ratification by three-fourths of the states is a crucial aspect of the US constitutional amendment process. It ensures a careful and broadly supported approach to altering the nation's foundational laws and has been a consistent feature of the amendment process throughout history.

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