How To Propose A Constitutional Amendment

The process of amending a constitution is often a difficult and time-consuming task, as it is meant to safeguard the document from frequent changes. In the United States, the authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments: through a two-thirds majority vote in Congress or by a constitutional convention called for by two-thirds of state legislatures. Similarly, the Constitution of Japan can be amended through a concurring vote of two-thirds of each House of the Diet, followed by ratification by the people in a referendum. Other countries like China and Romania also have specific procedures and articles outlined in their constitutions for initiating amendments. The process of amending a constitution varies, but it typically involves a combination of legislative and democratic steps to ensure any changes have a significant impact and are supported by the people.

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Congress with a two-thirds majority vote

The United States Constitution was written to endure for ages to come, and as such, amending it is a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, and only by following the procedure outlined in Article V of the Constitution.

Congress can initiate the process of amending the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. This is the first method for crafting and proposing amendments and has been used for all 33 amendments submitted to the states for ratification. The second method, a constitutional convention, has yet to be invoked.

Once Congress proposes an amendment, it 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. An information package is also assembled 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 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 States). The OFR verifies that it has received the required number of authenticated ratification documents, then 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 is complete.

Two-thirds of state legislatures call a convention

The Constitution of the United States can be amended through two methods, as outlined in Article V. One of these methods involves two-thirds of state legislatures calling for a convention to propose amendments. This method has never been used, and all 33 amendments submitted to the states for ratification have been proposed by Congress.

The process of amending the Constitution through a convention involves two-thirds of the state legislatures (34 out of 50) applying to Congress to call for a convention. This convention would propose amendments, which would become law only after ratification by three-fourths of the states (38 out of 50). The ratification process can take place either through the legislatures of three-fourths of the states or by ratifying conventions in a like number of states, with the method of ratification left to the choice of Congress.

While the convention method has never been used to amend the Constitution, it is worth noting that over 230 constitutional conventions have assembled at the state level in the United States. Additionally, every state except Hawaii has applied for an Article V Convention at some point. The majority of these applications were made in the 20th century.

The process of amending the Constitution through a convention provides a mechanism for states to propose and ratify amendments without solely relying on Congress. However, it is important to note that the President does not have a constitutional role in the amendment process, regardless of whether the amendment is proposed by Congress or through a convention.

A petition signed by voters

In the United States, the Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in reality, all 33 amendments submitted to the states for ratification have originated in Congress.

A constitutional convention is a gathering of voters elected from districts with nearly equal populations. This method has yet to be invoked, but it stands as a political tool to enable state legislatures to "erect barriers against the encroachments of the national authority".

The initiative method is another way to propose amendments. This involves a petition signed by voters equal to 8% of the votes for all candidates for governor in the previous gubernatorial election. The proposed amendment is then put to the voters at a general or special election.

For example, the Constitution of Japan states that amendments shall be initiated by the Diet, with a concurring vote of two-thirds or more of all the members of each House. It is then submitted to the people for ratification, requiring a majority vote at a special referendum or election.

In the Republic of China, amendments can be proposed by one-fifth of the total number of delegates to the National Assembly and a resolution of three-fourths of the delegates present, or by one-fourth of the Members of the Legislative Yuan and a resolution of three-fourths of the Members present.

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The President does not have a role

The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which does not require presidential approval before being sent to the states for ratification. The joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states.

The second method, which has never been used, is through a constitutional convention called for by two-thirds of state legislatures. This convention method is a political tool that allows state legislatures to "erect barriers against the encroachments of the national authority." While the constitution does not provide rules for the operation of a constitutional convention, amendments proposed through this method would still need to be ratified by three-quarters of the states.

Once an amendment is ratified by three-quarters of the state legislatures or ratifying conventions in three-quarters of the states, it becomes part of the Constitution. The OFR verifies the receipt 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.

While the President does not have a constitutional role in the amendment process, they may participate in the ceremonial function of signing the certification as a witness. This has occurred with President Johnson for the 24th and 25th Amendments, and President Nixon for the 26th Amendment. However, this is not a constitutional requirement, and the President's involvement is solely ceremonial.

Ratification by three-quarters of states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. According to this article, there are two methods by which an amendment can be proposed:

• By Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
• By a constitutional convention called for by two-thirds of the State legislatures.

The second method, however, has never been used. Once an amendment is proposed, it is sent to the states for ratification. Three-quarters of the states, or 38 out of 50 states, must ratify the amendment for it to become part of the Constitution. This process is known as "ratification by three-quarters of states".

The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The National Archives and Records Administration became an independent agency in 1985 and has been responsible for administering the ratification process since then.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Office of the Federal Register (OFR) 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 three-quarters of the states have ratified the amendment, the 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The signing of the certification has become a ceremonial function attended by various dignitaries, sometimes including the President.

The process of "ratification by three-quarters of states" ensures that any changes to the Constitution of the United States are carefully considered and widely accepted by a significant majority of the states. It is worth noting that there is no deadline specified for the ratification process, but most amendments proposed since 1917 have included one. The Twenty-Seventh Amendment, however, took over two hundred years to reach the three-quarters ratification line, making it the most unusual amendment in terms of the time taken to ratify.

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