Amendments: Exploring The Constitution's Evolution

The process of amending a constitution varies across different countries. For instance, in the United States, Article V of the Constitution outlines the procedure for altering it, which involves proposing amendments and subsequent ratification. On the other hand, the Constitution of Turkey details the amendment process in Provisional Article 175 under I. Amending the Constitution, participation in elections and referenda of Part Seven: Final Provisions. Similarly, the Constitution of Albania specifies the conditions for amendments under Article 177 in Part 17: Amending The Constitution. Understanding the specific provisions and mechanisms outlined in these sections is crucial for implementing constitutional changes in a manner that aligns with the established legal framework of each nation.

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Authority to amend

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. This article outlines the procedure for altering the Constitution, which consists of proposing an amendment or amendments, and subsequent ratification.

Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of the state legislatures. It is important to note that none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once proposed, the amendment is sent to the states for ratification and becomes an operative part of the Constitution when ratified by the required number of states.

The Constitution does not specify a deadline for ratification, but Congress can stipulate one if desired. An amendment with an attached deadline that is not met is considered inoperative. Since the early 20th century, Congress has often included a seven-year ratification deadline in amendment proposals. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50), either through the legislatures of these states or by ratifying conventions.

The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become operative. This certification is published in the Federal Register and serves as official notice that the amendment process is complete. While not constitutionally necessary, Congress has, on a few occasions, adopted a resolution declaring the process successfully completed.

Ratification process

The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution begins in Congress, which must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. This phase highlights the necessity of bipartisan backing.

Once an amendment has been passed by Congress, it is sent to the states for ratification. There are two methods by which an amendment can be ratified. The first and most common method requires legislative approval of three-fourths of the states (38 out of 50 states). This method emphasizes the role of state governments in national decision-making and ensures that any changes to the Constitution have broad support.

The second method, which has only been used once, involves conventions in three-fourths of the states. This method is used when a more direct form of democratic participation is necessary. Both methods require consensus among the states and highlight the importance of widespread agreement in constitutional amendments.

Once an amendment has been ratified by the required number of states, the state sends the Archivist of the United States an original or certified copy of the state action. The Archivist then delegates the responsibility for administering the ratification process to the Director of the Federal Register, who examines the 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.

Once the required number of authenticated ratification documents has been received, the Director 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 serves as official notice that the amendment process has been completed.

Amendment proposals

The process of amending the Constitution varies across different countries. Here is a description of the amendment proposal process for a few countries:

United States

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by the 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. The President does not have a constitutional role in the amendment process.

Since the turn of the 20th century, amendment proposals sent to the states for ratification have generally contained a seven-year ratification deadline. An amendment becomes an operative part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states), rather than on the later date when its ratification is certified.

Japan

The Constitution of Japan, under Article 96 of "Chapter IX: Amendments", states that amendments shall be initiated by the Diet through a concurring vote of two-thirds or more of all the members of each House. It is then submitted to the people for ratification, which requires a majority of all votes cast at a special referendum or election. Amendments, when ratified, are promulgated by the Emperor in the name of the people as an integral part of the Constitution.

Turkey

The Constitution of Turkey, under Provisional Article 175, states that amendment proposals must be made in writing by at least one-third of the members of the Grand National Assembly of Turkey. Bills to amend the Constitution are debated twice in the Plenary and require a three-fifths majority of the total number of members of the Assembly by secret ballot for adoption. The President of the Republic may send back laws on amendments to the Constitution to the Grand National Assembly for reconsideration.

Albania

The Constitution of Albania, under Article 177, states that an amendment proposal may be initiated by no less than one-fifth of the members of the Assembly. A proposed amendment must be approved by at least two-thirds of all members of the Assembly. The Assembly may also decide, by a two-thirds majority, that the proposed amendment be voted on in a referendum, which must take place within 60 days of its approval. An approved amendment is submitted to a referendum when one-fifth of the members of the Assembly request it.

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Amendment certification

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This article establishes the authority to amend the Constitution and sets out the steps required for an amendment to become an official part of the document.

An amendment can 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. Once an amendment is proposed, it is forwarded 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.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states) through either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. This process is known as the state legislature ratification method and has been used for all but one amendment, the Twenty-first Amendment, which was ratified in 1933.

The Archivist of the United States plays a crucial role in the amendment certification process. Once the OFR verifies that it has received 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 then 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. The signing of this certification has become a ceremonial function, sometimes attended by dignitaries, including the President.

While the President does not have a constitutional role in the amendment process, their presence at the signing ceremony highlights the importance of the occasion. The Archivist's certification is final and conclusive, marking the successful completion of the amendment process and the integration of the new provision into the Constitution.

Amendment rejection

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment, after which the Archivist of the United States administers the ratification process. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).

However, the process of amendment rejection or rescission of ratification is less clear. While the Archivist of the United States does not make substantive determinations on the validity of State ratification actions, there have been instances where States have sent official documents to record the rejection of an amendment or the rescission of a prior ratification.

One example is the case of Coleman v. Gloss, where 24 members of the Kansas state legislature challenged the ratification of an amendment due to the way the vote was taken, arguing that the ratification was invalid because Kansas had previously rejected the amendment. The Supreme Court indicated that whether a state could ratify an amendment after rejecting it or rescind an amendment after ratification were political questions for Congress to resolve.

Similarly, in the adoption of the Fourteenth Amendment, three states (Georgia, North Carolina, and South Carolina) rejected the amendment before later ratifying it, and two states (New Jersey and Ohio) ratified and then attempted to rescind their ratifications. However, it is unclear whether this historical practice remains relevant, as the three southern states had constituted new governments at Congress's direction by the time they ratified the amendment.

The Supreme Court has also addressed the question of amendment rejection and rescission of ratification in the case of Idaho v. Freeman, where it was argued that a state's rescission of a prior ratification is a proper exercise of its power until the technical three-fourths ratification threshold is reached.

While the United States Constitution does not expressly provide a deadline for state legislatures to consider proposed amendments, amendment proposals sent to the states for ratification typically include a seven-year ratification deadline. An amendment that does not meet this deadline is considered inoperative and moot.

Other countries have different processes for amending their constitutions. For example, the Constitution of Japan states that amendments must be initiated by the Diet and approved by a majority of votes in a special referendum or election. The Constitution of Turkey details that amendment bills must be proposed in writing by at least one-third of the members of the Grand National Assembly and approved by a three-fifths majority. The Constitution of Albania allows for amendment proposals by at least one-fifth of the members of the Assembly, with approval requiring a two-thirds majority or a referendum.

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