Jonah Patel
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. The Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the NARA's Office of the Federal Register (OFR) for processing and publication. The OFR also assembles 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, and a specified number of states must ratify the amendment for it to become part of the Constitution. Other countries, such as Brazil, Australia, China, and Japan, have their own unique processes and requirements for amending their constitutions.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Date of Ratification of the Bill of Rights | December 15, 1791 |
| Article Modified by 11th Amendment | Article III, section 2 |
| Article Modified by 13th Amendment | Article IV, section 2 |
| Article Modified by 14th Amendment | Article I, section 2 |
| Authority to Amend the Constitution | Derived from Article V of the Constitution |
| Role of the President in Amendment Process | None |
| Minimum States Required for Ratification | 38 out of 50 |
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What You'll Learn
The US Constitution
The first step in the amendment process is for Congress to propose an amendment in the form of a joint resolution. This proposal does not require the signature or approval of the President and is forwarded directly to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and assembles 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. Each Governor receives a letter of notification along with the informational material prepared by the OFR. The States can then take action on the proposed amendment, either through their State legislatures or by calling for a convention, depending on the specifications provided by Congress. When a State ratifies the proposed amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who heads NARA.
The OFR examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them until the amendment is adopted or fails. Once three-fourths of the States (38 out of 50) have ratified the amendment, it becomes part of the Constitution. The Archivist certifies the validity of the amendment, and this certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
The amendments to the US Constitution have addressed a range of issues, including the Bill of Rights, which guarantees various freedoms and rights, the abolition of slavery and involuntary servitude, the transportation and importation of intoxicating liquors, and the procedures surrounding the choice of President and Vice-President. The amendment process allows for the evolution of the Constitution to meet the changing needs and values of the nation.
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The Bill of Rights
The first amendment guarantees freedoms, petitions, and assembly. It also ensures freedom of speech, religion, and the right to worship freely. The second amendment is the right to bear arms. The third amendment is about the quartering of soldiers, and the fourth amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The fifth amendment guarantees rights in criminal cases, and the sixth amendment is the right to a fair trial. The seventh amendment guarantees rights in civil cases, and the eighth amendment covers bail, fines, and punishment. The ninth amendment states that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. The tenth amendment states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
The process to amend the US Constitution begins with the US Congress proposing an amendment in the form of a joint resolution. The original document is forwarded to the Office of the Federal Register (OFR) for processing and publication. The OFR then assembles 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. 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 authenticity and legal sufficiency. If the documents are in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states.
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Congress proposes amendments
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution. A two-thirds majority vote in both the House of Representatives and the Senate is required for this. 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 NARA's 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. It 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 under 1 U.S.C. 106b. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. They submit 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.
To date, there have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. Amendments 11-27 include the following:
- Amendment XI (passed by Congress March 4, 1794, and ratified February 7, 1795): Modified Article III, Section 2, of the Constitution to state that the Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
- Amendment repealing the 18th article (passed by Congress February 20, 1933, and ratified December 5, 1933): Prohibited the transportation or importation of intoxicating liquors into any State, Territory, or possession of the United States in violation of the laws thereof.
- 13th Amendment (passed by Congress June 13, 1866, and ratified July 9, 1868): Superseded a portion of Article IV, Section 2, of the Constitution, stating that neither slavery nor involuntary servitude shall exist within the United States or any place subject to their jurisdiction, except as punishment for crimes.
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The ratification process
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The process consists of proposing an amendment and subsequent ratification.
Proposing an Amendment
An amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a convention to propose amendments may be called by Congress at the request of two-thirds of the state legislatures.
The proposal takes the form of a joint resolution, which does not require presidential approval. The original document is forwarded directly to the 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.
Ratification Process
The Archivist of the United States, who heads the National Archives and Records Administration (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, as specified by Congress. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is 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 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). 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. 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.
It is important to note that Article V does not mention a time limit for the ratification of an amendment, and the ratification process does not require a vote by the electorate. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments.
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Amendments in other nations
The United Nations (UN) Charter has been amended five times since 1945. The UN Charter outlines a procedure for amendments in Chapter XVIII, and Article 109 provides for a "General Conference of the Members of the United Nations" to consider amendments. Amendments to the UN Charter require a two-thirds vote of the members of the General Assembly and ratification by two-thirds of UN members, including all five permanent members of the Security Council. These permanent members, as defined in Article 23, are China, France, Russia (which assumed the Soviet Union's seat), the UK, and the US. This requirement has been criticised as a Catch-22 situation, as it gives these permanent members effective veto power over any changes.
The amendments to the UN Charter have included adjustments to accommodate increases in UN membership, such as expanding the UN Security Council and the UN Economic and Social Council. Additionally, there have been reinterpretations of certain articles without formal amendments, such as including abstentions within the definition of 'concurring votes'.
The process of amending other nations' constitutions varies, and the specifics depend on the form of government and the provisions within their constitutions. Some countries may have a more rigid amendment process, requiring supermajority support or even consensus across different levels of government, while others may have a more flexible process allowing for easier modifications.
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