Isabella Carter
The process of amending a constitution is a significant aspect of governance, allowing for necessary changes to be made over time. The authority to amend a constitution varies across nations, with the United States, for example, deriving this power from Article V of its Constitution. Amendments may be proposed by a country's legislature or through a constitutional convention, with specific procedures in place to safeguard against the abolition of fundamental principles such as democracy and human rights. Once an amendment is proposed, it undergoes a ratification process, requiring approval by a certain majority of states or voters. The involvement of dignitaries and officials, such as the President, may also be part of the ceremonial finalisation of an amendment. As constitutions are living documents, the amendment process ensures their adaptability to evolving societal needs while preserving core values.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress proposes an amendment in the form of a joint resolution |
| Amendment ratification | Ratified by three-fourths of the States (38 of 50 States) |
| Number of amendments | 27 |
| Amendment restrictions | Abolishing the federalist form of the National Government, direct, secret, universal and periodic suffrage, separation of powers, individual rights and guarantees |
| Amendment methods | Convention method, legislative method |
| Amendment process | Consideration and adoption of bills for amendments, submission to referendum |
| Entenched clauses | Restrict the kind of amendment, protect characteristics of the state |
| Amendment frequency | A constitutional convention cannot be held more frequently than once every six years |
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What You'll Learn
The US Constitution has been amended 27 times
The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments form the foundation of many fundamental rights and freedoms enjoyed by US citizens today. They include the right to free speech, freedom of religion, the right to keep and bear arms, protection against unreasonable searches and seizures, and the right to due process of law.
Amendments 11 to 27 were added over the following centuries and addressed various issues. For example, Amendment 11, ratified in 1795, clarified the judicial power of the United States and limited the ability of citizens to sue states. The 13th Amendment, ratified in 1868, abolished slavery and involuntary servitude within the United States. Other amendments, such as Amendments 18 and 21, focused on the regulation of intoxicating liquors, with the former enacting Prohibition and the latter repealing it.
The process of amending the Constitution involves both Congress and the states. A proposed amendment must be passed by a two-thirds supermajority vote in both the Senate and the House of Representatives of Congress. After that, it is sent to the states for ratification, where it must be approved by three-fourths of the states (38 out of 50) to become part of the Constitution. This process ensures that any changes to the Constitution reflect the interests of the nation as a whole and protect the rights of all Americans.
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Amendments are proposed by Congress
Amendments to the United States Constitution are proposed by Congress in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so 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 then adds legislative history notes to the joint resolution and publishes it in slip law format.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Since 1789, Congress has sent 33 constitutional amendments to the states for ratification, of which 27 have been ratified. The framers of the Constitution intended that it should be difficult to change the Constitution, but not so difficult as to render it an inflexible instrument of government. Therefore, a less stringent process for amending the Constitution was established in Article V.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed 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 by Congress, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950.
Some notable examples of amendments proposed by Congress include the Nineteenth Amendment, which established women's suffrage irrespective of marital status or property in 1920, and the Hatch-Eagleton Amendment, which was the only version of the Human Life Amendment to reach a formal floor vote, but was rejected by 18 votes in the Senate in 1983.
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Ratification requires approval from three-quarters of states
The process of amending the US Constitution is a complex and lengthy one. The Constitution has been amended only 27 times since it was drafted in 1787, with the first 10 amendments being adopted in 1791 as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the amendment process.
For an amendment to be ratified and become part of the Constitution, it must be approved by three-quarters of the states, or 38 out of 50 states. This ensures that any changes to the Constitution have a broad consensus of support across the country and are not just reflecting the interests of a minority of states.
The process begins with Congress proposing an amendment in the form of a joint resolution. This proposal is then sent to the states for their consideration. Each state's governor receives a letter of notification along with informational material about the proposed amendment. The states then deliberate and vote on the proposed amendment.
If an amendment is ratified by three-quarters of the states, the Office of the Federal Register (OFR) verifies the authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is then published in the Federal Register and U.S. Statutes at Large, officially notifying Congress and the nation that the amendment process is complete.
In some cases, states have rejected proposed amendments or rescinded their prior ratification. While the Archivist does not make substantive determinations on the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
The requirement for approval from three-quarters of the states ensures that any changes to the US Constitution are carefully considered and broadly supported, reflecting the founding document's intention "to endure for ages to come."
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The President has no constitutional role in the process
The OFR plays a crucial role in the process by adding legislative history notes to the joint resolution and publishing it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification. This package is then submitted to the States for their consideration, with a letter of notification sent to each Governor.
The proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete.
While the President has no constitutional role in the amendment process, they may be involved in a ceremonial capacity during the signing of the certification. For example, President Johnson and President Nixon witnessed the certification of amendments in the past. However, their presence is not a requirement and does not impact the amendment's validity.
In contrast, the Constitution of Brazil outlines a different process for amending its constitution, which does include the President of the Republic as one of the entities that can initiate a proposed amendment. Similarly, in Turkey, the President of the Republic can send back laws on amendments to the Constitution for reconsideration by the Grand National Assembly. These examples demonstrate variations in the amendment process across different countries, highlighting the unique nature of the US amendment process, where the President has no constitutional role.
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Amendments can be totally forbidden during a state of emergency
The process of amending a constitution is a complex and varied procedure that differs across nations. While some constitutions allow for amendments, others may impose restrictions or even forbid amendments under specific circumstances, such as a state of emergency.
During a state of emergency, the government assumes special powers to address immediate threats or crises effectively. These powers can be activated by different authorities, such as the President, the Minister for Civil Defense, or the Chief Executive, depending on the nation's governmental structure. For instance, the National Emergencies Act in the United States outlines the President's powers during a national emergency, including the ability to activate specific provisions of law to address the situation.
In some nations, amendments to the constitution may be restricted or prohibited during a state of emergency. This is often done to maintain stability and prevent any changes to fundamental principles or democratic values that could potentially be exploited during a crisis. For example, Article 79 (3) of the German Basic Law forbids amendments to certain articles pertaining to human rights and democracy during a state of emergency. Similarly, the Constitution of Brazil stipulates that it cannot be amended during a federal intervention, state of defence, or stage of siege.
The potential for abuse of power during a state of emergency has been witnessed historically. For instance, the Constitution of Argentina has been amended multiple times, and its state of emergency provision was abused during dictatorships to suppress opposition. In Brunei, a state of emergency invoked in 1962 led to the dissolution of the elected Legislative Council and the restriction of civil liberties.
In summary, while the ability to amend a constitution during a state of emergency may be prohibited in certain nations, it is not a universally applicable concept. Each country's constitutional framework and historical context play a role in shaping the rules and regulations surrounding amendments during times of emergency.
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Frequently asked questions
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. Once the proposed amendment is published, it is submitted to the states for their consideration. For an amendment to become part of the Constitution, it must be 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 (Amendments 1-10), ratified on December 15, 1791.
- Amendment XI, which modified Article III, section 2 of the Constitution, and passed by Congress on March 4, 1794, and ratified on February 7, 1795.
- The 13th amendment, which superseded a portion of Article IV, section 2 of the Constitution, and abolished slavery and involuntary servitude within the United States, ratified on July 9, 1868.
- The 18th amendment, which prohibited the transportation or importation of intoxicating liquors, ratified on December 5, 1933, and later repealed by the 21st amendment.
Yes, some constitutions have entrenched clauses that restrict the types of amendments that can be made. For example, the German Basic Law forbids modifications to the federal nature of the country and the protection of human rights. Similarly, the Constitution of Brazil outlines specific terms for how it can be amended, including the requirement for a two-round debate and vote in each chamber of the National Congress.
