The Constitution: Who Amends It Informally?

The President has no formal role in amending the Constitution. The Constitution outlines two methods for proposing amendments, and neither requires the President's signature or approval. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. The process of amending the Constitution is outlined in Article V of the Constitution.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$105.46 $150

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.21

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.4 $45

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The President of the United States

The first method, which has been used for all amendments proposed so far, involves both the House and the Senate proposing a constitutional amendment by a two-thirds majority vote in each chamber. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of state legislatures. In both cases, the President is not involved in the proposal process.

Once an amendment is proposed, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication, bypassing the White House. The President does not have the power to sign or approve the joint resolution for a proposed amendment. The original document is sent to NARA's Office of the Federal Register (OFR), which adds legislative history notes and publishes it in slip law format. The OFR also assembles an information package for the states, which includes formal copies of the joint resolution.

While the President does not have a formal role in the amendment process, they may be involved in a ceremonial capacity. For example, the signing of the certification of an amendment's validity by the Archivist of the United States has become a ceremonial function that may be attended by various dignitaries, including the President. However, it is important to note that the President's presence in such ceremonies is not a constitutional requirement and does not imply a formal role in the amendment process.

The President of Turkey

While the President of Turkey has significant powers and responsibilities, the process of amending the Constitution involves the Grand National Assembly of Turkey. The Assembly is responsible for enacting, amending, and repealing laws, as well as approving the ratification of international treaties. The President is required to promulgate the laws adopted by the Grand National Assembly within fifteen days. If the Assembly makes a new amendment to a law, the President may send the amended law back for reconsideration.

The President of Ireland

The formal powers and functions of the President are prescribed in the Constitution. Many of the President's powers can only be exercised on the advice of the Government, but the President has absolute discretion in other areas. For example, the President summons and dissolves Dáil Éireann on the advice of the Taoiseach. However, the President may also refuse to dissolve the Dáil, in which case members of the Dáil must nominate an alternative Government.

In terms of amending the Constitution, the President plays a crucial role. Article 25 of the Constitution states that Bills passed by both houses of the Oireachtas should be presented to the President for signature. Once a Bill has been signed by the President, it becomes law. However, Article 26 grants the President the power to refer a Bill to the Supreme Court to decide if it is repugnant to the Constitution. If the Supreme Court decides that the Bill is repugnant, the President will not sign it into law.

In summary, while the President of Ireland has a formal role in signing Bills into law, they do not have a direct role in proposing or initiating amendments to the Constitution. The President's role in the amendment process is primarily as a signatory, but with the important power to refer Bills to the Supreme Court for review.

Explore related products

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$15.99 $26.99

American Constitutional Law: Introductory Essays and Selected Cases

$143.59 $180

A Companion to the United States Constitution and Its Amendments

$34.65 $45

The Constitutional Amending Process in American Political Thought

$95

The President of Estonia

The current Estonian Constitution, adopted in 1992, incorporates elements of the 1920 and 1938 Constitutions. The 1938 Constitution introduced the position of President, which was retained in the current Constitution. While the President holds fairly broad powers, including the ability to veto legislation passed by parliament, the role is largely ceremonial, and the government is headed by a separate Prime Minister.

The process of amending the Estonian Constitution involves several steps. Firstly, the right to initiate a Bill or propose an amendment rests with various entities, including members of the Riigikogu (the Estonian legislature), the Government of the Republic, and the President. When it comes to proposing amendments, the President has the right to initiate them, but the actual passage of laws and amendments is governed by the Riigikogu Procedure Act.

The Riigikogu plays a crucial role in the amendment process. A resolution carried by a majority of its members can address a recommendation to the Government of the Republic to initiate a Bill or amendment. The Riigikogu can also propose amendments directly through a joint resolution, which requires a majority of votes cast. Once an amendment is proposed, it must go through the legislative process, including debates, votes, and potential revisions.

While the President can propose amendments, they do not have the unilateral power to enact or amend laws. The President's role in the legislative process includes signing instruments of ratification and issuing presidential decrees. Additionally, the President may refuse to promulgate a law passed by the Riigikogu and request a new debate and decision. However, if the Riigikogu passes the same law without amendments a second time, the President must either promulgate the law or apply to the Supreme Court for a declaration of unconstitutionality.

The President of Switzerland

Unlike other nations, Switzerland does not have a single head of state. The President of the Swiss Confederation, sometimes referred to as the President of Switzerland, is the closest equivalent, but they are considered 'primus inter pares'—first among equals. The President is elected for one year by the United Federal Assembly and is responsible for a range of duties and tasks.

The President of the Swiss Confederation does not appear to have a formal role in amending the constitution. The Swiss Constitution can be amended through a proposal by 100,000 eligible voters within 18 months of the official publication of their initiative. This proposal must then be submitted to a vote of the people. The President does not appear to be involved in this process.

The President of the Swiss Confederation has representational duties, including giving speeches on New Year's Day and Swiss National Day, as well as welcoming foreign ambassadors. They also foster relations with the cantons and may make official visits abroad, although these are considered "presidential visits" rather than "state visits" as the President is not the head of state.

The President of the Swiss Confederation also chairs Federal Council meetings and mediates disputes. While they may be received for a state visit by a host country, within Switzerland, the President is not considered a head of state, and this role is instead held collectively by the Federal Council.

Frequently asked questions