Jonah Patel
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President cannot veto. The US Constitution provides that an amendment may be proposed either 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.
| Characteristics | Values |
|---|---|
| Who can propose a constitutional amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| A constitutional convention called for by two-thirds of the State legislatures | |
| Who proposes an amendment in the form of a joint resolution | Congress |
| Who does the joint resolution not go to | The President |
| Who does the original document go to | NARA's Office of the Federal Register (OFR) |
| Who adds legislative history notes to the joint resolution | The OFR |
| Who submits the proposed amendment to the States | The Archivist |
| Who sends a letter of notification to each Governor | The Archivist |
| Who sends official documents to NARA to record the rejection of an amendment | The States |
| Who does not make any substantive determinations as to the validity of State ratification actions | The Archivist |
| Who has the authority to set a ratification deadline | Congress |
| Who stipulated that an amendment must be ratified by the required number of states within seven years | Congress |
| Who proposed the Bill of Rights | Madison |
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What You'll Learn
The US Congress proposes an amendment
The process of amending the US Constitution is outlined in Article Five of the US Constitution. This process involves two steps: proposing an amendment and ratifying it.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
It's worth noting that, while Congress has the authority to propose amendments, the President does not have a constitutional role in the amendment process. Additionally, none of the 27 amendments to the Constitution have been proposed by a constitutional convention, despite this being a possible method outlined in Article Five.
In recent history, Congress has, on several occasions, stipulated that an amendment must be ratified by a specified number of states within a certain timeframe, often seven years, for it to become part of the Constitution. This authority was affirmed by the Supreme Court in 1939.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate proposing around 200 amendments during each two-year term.
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A constitutional convention is called
The first step is proposing an amendment, which can be done in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate, or by a majority vote of state delegations at a national convention called by two-thirds of the state legislatures. The latter method has never been used, although state legislatures have used their power to apply for a national convention to pressure Congress into proposing a desired amendment.
The second step is ratifying the proposed amendment, which can be done through the state legislature ratification method or the ratifying convention method. To become an operative part of the Constitution, an amendment must be ratified by three-fourths of the states, or state ratifying conventions in three-fourths of the states. The Archivist submits the proposed amendment to the states, and when a state ratifies it, they send the Archivist an original or certified copy.
In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Once an amendment is ratified, the Archivist certifies that it is valid and has become part of the Constitution, which is published in the Federal Register and U.S. Statutes at Large.
The process of amending the Constitution was designed to balance the need for change with the need for stability, ensuring that any modifications to the nation's plan of government are carefully considered and widely accepted.
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Ratification by three-fourths of the states
The process of amending the Constitution of the United States is outlined in Article Five of the Constitution. An amendment may be proposed by the 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, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Once an amendment is proposed, it is sent to the states for ratification. There are two methods for ratification, and Congress determines which method the states must follow for a proposed amendment to become effective. The first method, which has been used for all but one amendment, requires ratification by the legislatures of three-fourths of the states (38 of 50 states). The second method, which has only been specified once, for the Twenty-first Amendment, involves state ratifying conventions in three-fourths of the states.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist then forwards the document 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 OFR verifies that it has received the required number of authenticated ratification documents, 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. For example, President Nixon witnessed the certification of the 26th Amendment, along with three young scholars.
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Amendments as acts of parliament
Amendments to the US Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. They are then sent to the states for ratification. This process is outlined in Article Five of the US Constitution. As of January 3, 2019, there have been approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become law in the form of acts of parliament. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but cannot become law until they are approved in a referendum.
In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Once an amendment is proposed, it is sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This can be done through the state legislature ratification method or the ratifying convention method.
The state legislature ratification method is specified by Congress and involves the state legislatures voting to approve the amendment. The ratifying convention method, on the other hand, involves a convention or gathering of citizens within each state, who vote to approve the amendment. This method was used for the Twenty-first Amendment in 1933.
Overall, while the specific processes vary across jurisdictions, the amendment process generally involves proposing changes through a legislative body and then ratifying them through a specified procedure, which may include votes by legislative bodies, referendums, or conventions.
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Special procedures for amendments
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
United States
In the United States, a proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states (38 of 50 states). The amendment is then certified by the Archivist and published in the Federal Register and U.S. Statutes at Large. This serves as official notice that the amendment process has been completed.
Ireland, Estonia, and Australia
In Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, a special procedure is required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved in a referendum.
South Africa
The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply. A bill amending the Constitution must be introduced in the National Assembly and cannot contain any provisions other than constitutional amendments and directly related matters. At least 30 days before, the proposed amendment must be published for public comment and submitted to the provincial legislatures. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly.
Denmark
The Constitution of Denmark requires multiple special procedures to be followed. After an amendment is approved by parliament, a general election must be held, and the new parliament must then approve the amendment again before it is submitted to a referendum. At least forty percent of eligible voters must vote at the referendum for an amendment to be validly passed.
Finland
Amendments or revisions to the Constitution of Finland must first be approved by a majority in Parliament, and then, after a parliamentary election, by a two-thirds supermajority.
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Frequently asked questions
A constitutional amendment in the US can be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Yes, another way is to call a constitutional convention requested by two-thirds of the State legislatures. However, this method has never been used.
The proposed amendment is sent to the states for their consideration. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).
