Jonah Patel
The Constitution of the United States has been amended 27 times, with the authority to do so derived from Article V of the Constitution. Amendments are modifications of the constitution of a polity, organization, or other types of entities. They can be interwoven into the relevant sections of an existing constitution, directly altering the text, or appended as supplemental additions. An amendment may 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 the state legislatures. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States is responsible for administering the ratification process, which requires three-fourths of the states (38 out of 50) to ratify the amendment for it to become part of the Constitution. The process of amending the Constitution is a special procedure that ensures any changes to the foundational document of the nation are carefully considered and approved by a supermajority of states.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution of the United States | Article V of the Constitution |
| Number of amendments to the Constitution | 27 |
| First 10 amendments | The Bill of Rights |
| Amendment procedure | 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 the state legislatures |
| Amendment ratification | Ratified by three-fourths of the States (38 of 50 States) |
| Amendment deadline | Seven-year ratification deadline |
| Amendment certification | Signed by the President or the Archivist |
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What You'll Learn
- The US Constitution's Article V outlines the amendment process
- Amendments are ratified by 3/4ths of states
- Amendments can be proposed by Congress or constitutional convention
- Amendments can be appended to the constitution without altering existing text
- Amendments can also be interwoven into relevant sections, directly altering the text
The US Constitution's Article V outlines the amendment process
The US Constitution's Article V outlines the process of amending the Constitution. It establishes two methods for proposing and ratifying amendments.
Firstly, amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Instead, the original document is forwarded to the NARA's Office of the Federal Register (OFR) for processing and publication.
Secondly, amendments can be proposed by a constitutional convention called for by two-thirds of the State legislatures. This method has never been used.
Once an amendment is proposed, it must be ratified to become an operative part of the Constitution. Congress determines the method of ratification, which can be either through the legislatures of three-fourths of the States or by conventions in three-fourths of the States.
The Archivist of the United States administers the ratification process, although neither Article V of the Constitution nor the relevant US Code describe this process in detail. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services prior to 1985, when the National Archives and Records Administration (NARA) assumed responsibility as an independent agency.
In summary, Article V of the US Constitution outlines a two-step process for amending the Constitution, involving proposal by Congress or constitutional convention, followed by ratification by state legislatures or conventions. This process has been used to propose and ratify 27 amendments to the Constitution, beginning with the Bill of Rights, the first ten amendments, ratified in 1791.
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Amendments are ratified by 3/4ths of states
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment may 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 the state legislatures. Amendments are then ratified by three-fourths of the states, or 38 out of 50 states.
Once an amendment is ratified, the Office of the Federal Register (OFR) 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 US Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
The process of amending the Constitution is deliberately made challenging, requiring supermajorities in the legislature or direct approval by the electorate in a referendum. This ensures that any changes to the nation's fundamental law are carefully considered and broadly supported.
The US Constitution has been amended 27 times, beginning with the Bill of Rights, which comprises the first ten amendments ratified in 1791. Notable amendments include the 13th Amendment, which abolished slavery, the 14th Amendment, which granted citizenship and due process rights to all persons born or naturalized in the US, and the 17th Amendment, which provided for the direct election of senators.
The amendment process has been used to address issues of national importance and to expand the rights and protections afforded to citizens. It serves as a mechanism for updating and improving the nation's governing document to reflect the evolving needs and values of its people.
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Amendments can be proposed by Congress or constitutional convention
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can be proposed by 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.
While Congress has the power to propose amendments, the President does not have a constitutional role in the amendment process. Instead, the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
State legislatures have used their power to call for a national convention to pressure Congress into proposing a desired amendment. This occurred with the movement to amend the Constitution to provide for the direct election of senators, which eventually resulted in the Seventeenth Amendment.
In addition to the US Constitution, other countries' constitutions also outline the process for amendments. For example, the Constitution of Romania mentions amendments in "Article 150: Amendment Initiative", "Article 151: Amendment Procedure", and "Article 152: Limits to Constitutional Amendments". The Constitution of Russia can be amended according to Articles 134 through 137, and the Constitution of Ethiopia requires a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly to make modifications.
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Amendments can be appended to the constitution without altering existing text
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. However, they can also be appended to the constitution as supplementary additions (codicils), thereby changing the framework of the 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 other jurisdictions, such as Venezuela.
The United States Constitution has been amended 27 times, beginning with the Bill of Rights, the first ten amendments, ratified on December 15, 1791. Amendments 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 the state legislatures. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The Archivist of the United States is responsible for administering the ratification process, although they do not make any substantive determinations regarding the validity of state ratification actions. In some instances, states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification.
Amendments can also include explicit expressions to repeal specific existing articles. For example, Article IV, Section 2 of the Constitution, which allowed for slavery and involuntary servitude, was superseded by the 13th Amendment. Additionally, Article I, Section 2 of the Constitution was modified by Section 2 of the 14th Amendment, which granted citizenship and equal protection of the laws to all persons born or naturalized in the United States. These amendments demonstrate how supplementary additions (codicils) can be appended to the Constitution, altering the framework of the government without directly changing the existing text of the original document.
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Amendments can also be interwoven into relevant sections, directly altering the text
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments 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 the state legislatures. Amendments become part of the Constitution once ratified by three-quarters of the states (38 out of 50).
Amendments can be appended to the Constitution as supplemental additions (codicils), leaving the existing text unaltered. Alternatively, they can be interwoven into the relevant sections, directly modifying the original text. For example, Article III, Section 2 of the Constitution was modified by Amendment XI, which clarified that the judicial power of the US does not extend to suits against one of the US states by citizens of another state or foreign country. Similarly, Article I, Section 3 was altered by the 17th Amendment, which specified that the US Senate should be composed of two Senators from each state, elected by the people for six-year terms.
In some cases, amendments may supersede or repeal portions of the original Constitution. For instance, a part of Article IV, Section 2, was superseded by the 13th Amendment, which outlawed slavery and involuntary servitude within the US and its jurisdictions.
The process of amending a constitution varies across different countries. For example, the German Weimar Constitution of 1919 allowed laws that reached supermajorities in both chambers of parliament to deviate from the Constitution without becoming part of it. In contrast, the postwar 1949 constitution requires amendments to explicitly change the text. The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions and a two-thirds majority in a joint session of the Federal Parliamentary Assembly.
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Frequently asked questions
Article V of the US Constitution mentions amendments.
Article V of the US Constitution outlines the authority to amend the Constitution.
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It then becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states).
There have been 27 amendments to the Constitution, including the Bill of Rights, which comprises the first 10 amendments.
Yes, amendments can be appended to the Constitution as supplemental additions (codicils), changing the frame of government without altering the existing text.
