Malcolm Rivera
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. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, the United States Constitution has been amended only 27 times since it was drafted in 1787, with amendments often requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Country | United States |
| Authority | Article V of the Constitution |
| Proposer | Congress |
| Approval | No constitutional role of the President |
| Recipient | NARA's Office of the Federal Register (OFR) |
| Number of amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Example of an amendment | Article IV, section 2, of the Constitution was superseded by the 13th amendment |
| Example of an article | Article 60 lies within "Section VIII: The Legislative Process, Subsection 2: Amendments to the Constitution" |
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What You'll Learn
The US Constitution amendment process
The US Constitution can be amended through a special procedure outlined in Article V of the US Constitution. This procedure is more stringent than the process for passing ordinary legislation. The process for amending the US Constitution consists of proposing an amendment and subsequent ratification.
Amendments can be proposed in two ways. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for Congress to call a convention at the request of two-thirds of the state legislatures. To date, all 33 amendments submitted to the states for ratification have been proposed by Congress, and none have been proposed by constitutional convention.
Once an amendment is proposed, 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 Director of the Federal Register adds legislative history notes to the joint resolution and publishes it in slip law format. The Director also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification.
The proposed amendment is then submitted to the States for their consideration. The Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50 States). Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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 and serves as official notice that the amendment process has been completed.
In addition to the procedure outlined in Article V, some scholars argue that there may be other routes to amending the Constitution, such as through sustained political activity by a mobilized national constituency. However, the view that the Article V amendment process is the only legitimate vehicle for constitutional change has been challenged by judicial decisions that have introduced new meanings into constitutional language.
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The role of the President in amendments
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The Constitution does not establish a role for the President in amending the Constitution. However, some Presidents have played a ministerial 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 later became the Bill of Rights, to the states for ratification after Congress approved them.
The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). When 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. It is important to note that the President cannot veto a proposed amendment, as demonstrated by President Jimmy Carter's signing of a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, which was deemed unnecessary.
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State legislatures and their power
A "state legislature" is a generic term for the legislative body that creates laws for a state. Each state in the United States has a legislature as part of its form of civil government. The primary function of any legislature is to create laws. State legislatures also approve budgets for state governments, establish government agencies, set their policies, and approve their budgets. They also regulate courts within their jurisdiction, including determining types of cases that can be heard, setting court fees, and regulating attorney conduct.
State legislatures are composed of a lower house (Assembly, General Assembly, State Assembly, House of Delegates, or House of Representatives) and an upper house (Senate). The smaller chamber is called the senate, usually referred to as the upper house. This chamber usually has the exclusive power to confirm appointments made by the governor and to try articles of impeachment. The larger chamber customarily has the exclusive power to initiate taxing legislation and write articles of impeachment.
Under Article II, state legislatures choose the manner of appointing the state's presidential electors. State legislatures also retain the power to ratify Constitutional amendments that have been proposed by both houses of Congress and the ability to call for a national convention to propose amendments to the U.S. Constitution.
The frequency and duration of legislative sessions vary between states. In many states, legislatures are only in session for part of the year, and in some states, legislative sessions only occur every other year. Due to this, only eleven per cent of state legislators classify their elected position as their full-time job.
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Ratification process and requirements
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution involves a series of steps and requirements that must be carefully followed.
Firstly, an amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the State legislatures to propose amendments. However, this alternative process has never been utilized in the history of the United States. The Congress proposes amendments in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the process by adding legislative history notes to the joint resolution and publishing it. Additionally, they assemble an information package for the States, which includes formal copies of the joint resolution and the statutory procedure for ratification. The proposed amendment is then submitted to the States for their consideration.
Once the required number of states have ratified the amendment, the OFR verifies the authenticated ratification documents and drafts a formal proclamation. This proclamation is sent to the Archivist of the United States, who certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
It is important to note that there is no mention of a time limit for the ratification process in Article V. However, the Supreme Court has affirmed that Congress has the power to set a definite time frame for ratification to ensure it reflects the will of the people. Additionally, the President does not have a constitutional role in the amendment process, and their signature or approval is not required.
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History of amendments and their impact
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. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
The United States Constitution, for example, outlines a two-step process for amending its provisions. Amendments must be properly proposed and ratified before becoming operative. This process aims to balance the need for change with the stability of the constitution. An amendment can be proposed and sent to the states for ratification by the US Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, a national convention can be called by Congress upon the request of two-thirds of the state legislatures (34 states since 1959). However, this option has never been utilized.
To become part of the US Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through the legislatures of these states. Once an amendment is ratified, it becomes an official Article of the Constitution and typically goes into force immediately. The Archivist of the United States plays a crucial role in administering the ratification process and issuing a certificate to proclaim the amendment's validity.
The history of amendments to the US Constitution is extensive. The first ten amendments, known as the Bill of Rights, were proposed by the First Congress on September 25, 1789, and ratified on December 15, 1791. These amendments include freedom of speech, the right to bear arms, freedom of religion, and protection against unreasonable searches and seizures. The Reconstruction Amendments (the 13th, 14th, and 15th Amendments) were also significant, addressing issues related to reconstruction after the Civil War. In total, there have been 27 amendments to the US Constitution, with the most recent one, the 27th Amendment, being ratified in 1992, 203 years after it was first proposed.
Amendments have also been proposed for other constitutions, such as Brazil and Austria. The Constitution of Brazil outlines specific terms for amendments in Article 60, which include the involvement of the Chamber of Deputies, the Federal Senate, and the President of the Republic. In Austria, if a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council is required for approval.
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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.
The process of amending a constitution varies across different countries. In the United States, the Congress proposes an amendment in the form of a joint resolution. The amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.
The United States Constitution has been amended 27 times since 1787. Examples of amendments include the 11th Amendment, which modified Article III, Section 2 of the Constitution, and the 12th Amendment, which superseded a portion of Article II, Section 1.
