Simone Lawson
The process of drafting and amending a country's constitution varies across jurisdictions. In the United States, for instance, the Constitution grants Congress the authority to propose amendments, which must be passed by a two-thirds majority in both the House of Representatives and the Senate. On the other hand, countries like Ireland, Estonia, and Australia initiate constitutional amendments as bills that become law through acts of parliament, sometimes requiring a referendum for approval. The United Kingdom, devoid of a written constitution, vests the final authority on constitutional matters in its parliament. Each country's amendment process is unique, and understanding the specific procedures is crucial for implementing constitutional changes effectively.
| Characteristics | Values |
|---|---|
| Country | United States, United Kingdom, Germany, Bahrain, Norway, Alabama, Portugal, Romania, Morocco, Indonesia |
| Amendment Process | A proposed amendment becomes part of the Constitution when ratified by 3/4th of the states (38 out of 50 states). |
| Amendment Proposer | Congress with a 2/3rd majority vote in both the House of Representatives and the Senate or a constitutional convention called for by 2/3rd of the state legislatures. |
| Amendment Frequency | The Constitution has been amended 27 times since 1787. |
| Amendment Topics | Outlaw flag burning, crime victims' rights, voluntary school prayer, official language, abolishing the Electoral College, women's right to vote, prohibition, poll taxes, voting age, congressional pay raises |
| Difficulty | Very difficult and time-consuming |
| Amendment Limitations | Cannot amend state religion, official language, or the principle of inherited rule in Bahrain. Amendments must not contradict the principles of the Norwegian Constitution. Legislative representation in Alabama is based on population and cannot be changed. |
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What You'll Learn
- The US Constitution's Article V outlines the authority to amend
- Amendments are proposed by Congress or a constitutional convention
- The President has no constitutional role in the amendment process
- Amendments must be ratified by 3/4ths of states to be certified
- The Archivist of the US administers the ratification process
The US Constitution's Article V outlines the authority to amend
The process of amending the Constitution begins with Congress proposing an amendment in the form of a joint resolution. This resolution does not require the President's signature or approval and is sent directly to the Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states.
Once the OFR verifies that it has received the required number of authenticated ratification documents (ratification by three-fourths of the states or 38 out of 50), it drafts a formal proclamation for the Archivist of the United States to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The Archivist's role is primarily administrative, following procedures established by the Secretary of State and the Administrator of General Services.
The signing of the certification has become a ceremonial function, sometimes attended by the President and other dignitaries. The certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
While Article V outlines the procedures for amending the Constitution, some argue that it may not be the exclusive method. Akhil Reed Amar, for instance, suggests that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.
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Amendments are proposed by Congress or a constitutional convention
The Constitution of the United States has been amended only 27 times since it was drafted in 1787. The authority to amend it is derived from Article V of the Constitution. Amendments are proposed either by Congress or by a constitutional convention. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The joint resolution does not go to the White House for signature or approval, and the President does not have a constitutional role in the amendment process. 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 adds legislative history notes to the joint resolution and publishes it in slip law format.
A constitutional convention, on the other hand, can be called for by two-thirds of the state legislatures. However, in practice, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. The process of amending the Constitution is intentionally difficult and time-consuming. The framers of the Constitution wanted to ensure its longevity, so they made the amendment process challenging. This is evident in the recent struggles of supporters of congressional term limits and a balanced budget amendment to get the new amendments they desired.
Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. When the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the states, or 38 out of 50), 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 that the amendment process is complete.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In these countries, amendments may also require approval through a referendum. In the United States, a proposed amendment originates as a special joint resolution of Congress, and the President cannot veto it.
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The President has no constitutional role in the amendment process
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The Constitution outlines that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, an amendment can be proposed by a constitutional convention called for by two-thirds of the state legislatures. Importantly, the President holds no constitutional role in the amendment process. The joint resolution proposing an amendment does not require the President's signature or approval and is not sent to the White House. Instead, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the amendment process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, as well as copies in slip law format. This package ensures that states have the necessary information to consider and act on the proposed amendment.
Once an amendment is proposed, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. They follow established procedures and customs previously performed by the Secretary of State and the Administrator of General Services.
While the President has no constitutional role in proposing or adopting amendments, there have been instances where Presidents have played an informal, ceremonial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, even though his signature was not required. Similarly, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary. In recent history, the signing of the certification of an amendment has become a ceremonial function that may include the President as a witness. For instance, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
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Amendments must be ratified by 3/4ths of states to be certified
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. According to Article V, there are a few different ways in which the Constitution can be amended. One method, which has been used for all amendments so far, is that Congress proposes an amendment, which is then sent to the states for ratification. However, for Congress to propose an amendment, two-thirds of each House of Congress must vote in favour of it.
Once an amendment is proposed by Congress, it is submitted to the states for their consideration. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. It's important to note that in the past, some State legislatures have not waited for official notice before taking action on a proposed amendment.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, or 38 out of 50 states. This means that it only takes a minority of the country to prevent an amendment from being added to the Constitution. Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), they draft a formal proclamation for the Archivist to certify the amendment's validity.
The certification process is then finalised, often with a ceremonial signing attended by various dignitaries, including the President in some cases. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. It's worth noting that the Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
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The Archivist of the US administers the ratification process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments. The authority to amend the Constitution is derived from Article V of the Constitution, which does not outline the ratification process in detail.
The Archivist, along with the Director of the Federal Register, follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register.
Once Congress proposes an amendment in the form of a joint resolution, the original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution, publishes it in slip law format, and assembles an information package for the States.
The Archivist then submits the proposed amendment to the States' governors for their consideration, who formally submit it to their State legislatures. When a State ratifies the 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 the ratification documents for facial legal sufficiency and an authenticating signature.
Once the OFR verifies that it has received the required number of authenticated ratification documents (from three-fourths of the States), 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, serving as official notice to Congress and the Nation that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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Frequently asked questions
In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed.
In Germany, the Basic Law for the Federal Republic may be amended only by a law expressly amending or supplementing its text. Amendments require two-thirds of the Members of the Bundestag and two-thirds of the votes of the Bundesrat.
In the United Kingdom, the final authority on all quasi-constitutional matters is the parliament itself (the legislature), by a simple majority.
Chapter 6, Article 120, section c of the Constitution of Bahrain prohibits amendments to the state religion, official language, constitutional monarchy, bicameral system, and principles of freedom and equality.
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 or by a constitutional convention called for by two-thirds of the state legislatures.
