Eleanor Finch
The process of amending a constitution varies across different nations and political systems. In the United States, for example, 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. Notably, the President does not have a constitutional role in the amendment process and cannot veto a proposed amendment. In contrast, in Brazil, the President is directly involved in the amendment process, as an amendment can be proposed by the President of the Republic, among other entities. Similarly, in Belgium, the King, or the Federal Government, is part of the federal legislative power that can amend the Constitution, along with the Federal Parliament. Other countries, such as Ireland, Estonia, and Australia, follow a parliamentary procedure where constitutional amendments originate as bills and become laws through acts of parliament, sometimes requiring a referendum for final approval.
| Characteristics | Values |
|---|---|
| Who signs constitutional amendments in the US | The President does not have a constitutional role in the amendment process and therefore the joint resolution does not go to the White House for signature or approval. However, in recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. |
| Who signs constitutional amendments in Brazil | The President of the Republic |
| Who signs constitutional amendments in Belgium | The King and the Federal Government |
| Who signs constitutional amendments in Ireland, Estonia, and Australia | Amendments originate as bills and become laws in the form of acts of parliament. |
| Who signs constitutional amendments in Japan | Amendments can be proposed by one of three methods: a People's Initiative, a Constituent Assembly, or a Constitutional Convention. |
| Who signs constitutional amendments in China | Amendments to the Constitution shall be made in accordance with one of the following procedures: a proposal of one-fifth of the total number of delegates to the National Assembly and a resolution of three-fourths of the delegates present; or a proposal of one-fourth of the Members of the Legislative Yuan and a resolution of three-fourths of the Members present. |
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What You'll Learn
The US President does not sign constitutional amendments
The process of amending the US Constitution is a difficult and time-consuming endeavour. A proposed amendment must be passed 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. Notably, the US President does not have a constitutional role in this process.
The US Constitution has been amended only 27 times since it was drafted in 1787, indicating the high bar for implementing changes. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. The framers of the Constitution intentionally made it challenging to amend the document to ensure its longevity. As Chief Justice John Marshall wrote in the early 1800s, the Constitution was designed "to endure for ages to come."
When an amendment is proposed by Congress, it takes the form of a joint resolution. This joint resolution does not require the signature or approval of the President. 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 by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR assembles an information package for the States, which includes formal copies of the joint resolution.
While the President does not sign constitutional amendments, there have been instances where the President has witnessed the certification of amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment. However, these signatures are not part of the constitutional amendment process and are more ceremonial in nature.
In contrast to the United States, some countries, such as Ireland, Estonia, and Australia, follow different procedures for constitutional amendments. In these countries, amendments may originate as bills and become laws through acts of parliament, sometimes requiring approval through a referendum. In Belgium, the Constitution can be amended by the federal legislative power, which includes the King and the Federal Parliament. This process involves specific procedures, including the automatic dissolution of the Federal Parliament and the holding of a new federal election.
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State legislatures submit amendments to their Governors
In the United States, 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. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
State legislatures play a crucial role in the amendment process, generating more than 80% of constitutional amendments considered and approved annually across the country. State legislatures can refer constitutional amendments to the ballot for voters to decide, with a simple majority vote required during a legislative session. This process varies across states, with different thresholds for the number of signatures required for an initiated constitutional amendment. For example, Arizona and Oklahoma require 15% of votes cast in the last gubernatorial election, while Massachusetts has the lowest threshold at 3%.
Once a state legislature has approved an amendment, it is submitted to the Governor, who then formally submits it to the State legislature or calls for a convention, depending on Congress's specifications. Some State legislatures have not waited for official notice before acting on a proposed amendment. When a State ratifies an amendment, it sends an original or certified copy of the State action to the Archivist, who forwards it to the Director of the Federal Register for examination and retention until the amendment is adopted or fails.
While the President does not have a constitutional role in the amendment process at the federal level, they may be involved at the state level. For instance, in Montana, amendments do not require the Governor's signature to be referred to the ballot, but the Governor plays a role in submitting the amendment to the State legislature or calling for a convention.
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The Archivist certifies valid amendments
In the United States, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for certifying valid amendments to the Constitution. The Archivist's role in the amendment process is primarily ministerial, and they do not make any substantive determinations regarding the validity of State ratification actions.
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) then examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, 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 Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive. While the Archivist does not make determinations on the validity of State ratification actions, their certification is a crucial step in the amendment process, ensuring the amendment's compliance with legal requirements.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including, on occasion, the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. On May 18, 1992, the Archivist, for the first time, performed the duties of the certifying official for the 27th Amendment.
It is important to note that, in some cases, the Archivist may determine that an amendment cannot be certified. For instance, in 2024, the Archivist and Deputy Archivist of the United States issued a joint statement stating that the 1970s-era Equal Rights Amendment could not be certified without further action by Congress or the courts.
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The Federal Register signs to witness
In the United States, constitutional amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Notably, 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 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 examines ratification documents for facial legal sufficiency and authenticating signatures. 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 then published in the Federal Register, serving as official notice to Congress and the nation that the amendment process has been completed.
While the President does not sign the joint resolution, they have, on occasion, signed the certifications of amendments as a witness. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
In the context of witnessing a signature, a witness confirms the identity of the signer and ensures that the signature is made voluntarily and without coercion. Witness signatures are particularly important for legal and financial documents, including constitutional amendments, where disputes may arise over authenticity. While not all documents require a witness signature, some jurisdictions mandate them for certain types of agreements, such as wills and real estate transactions.
In the case of the Federal Register, the Director of the Federal Register has signed the certification as a witness, as seen with the 27th Amendment. This act serves as a protective measure, providing additional confirmation of the validity of the certification and the amendment it pertains to.
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Other countries' procedures vary
Procedures for signing constitutional amendments vary across different countries. 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. Instead, the resolution 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, publishes the resolution in slip law format, and assembles an information package for the states. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). The OFR then drafts a formal proclamation for the Archivist to certify the amendment's validity, which is published in the Federal Register. This certification process has evolved into a ceremonial function attended by dignitaries, occasionally including the President.
In other countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. However, these amendments may require approval through a referendum before they can become law. In Brazil, the Constitution outlines specific terms for amendments, including the involvement of the President of the Republic and various legislative assemblies. The amendment process in Japan allows for proposals through a People's Initiative, a Constituent Assembly, or a Constitutional Convention, reflecting the interpretation of the Constitution's irrevability.
The Constitution of Belgium can be amended by the federal legislative power, which includes the King and the Federal Parliament. To initiate the amendment process, the federal legislative power must declare the reasons for revising the Constitution through two Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and the other signed by the King and the Federal Government. Following this, the Federal Parliament dissolves, triggering a new federal election. The new Federal Parliament gains the authority to amend the articles that were previously declared revisable.
The Czech Republic's Constitution stipulates that a passage of a constitutional act requires the agreement of three-fifths of all Deputies and Senators present during the proposal's submission to each house of Parliament. Notably, this legislation does not necessitate the President's signature to become law. Similarly, in New York, there are two methods for proposing amendments: the legislative method and the initiative method. The legislative method involves publishing the amendment proposal for three months, followed by approvals by an absolute majority of members in each of the two houses during two successive terms, with an election intervening. The initiative method, on the other hand, requires a petition signed by voters amounting to 8% of the votes from the last gubernatorial election, after which the proposed amendment is submitted to voters at an election.
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Frequently asked questions
The US Constitution does not require the President's signature or approval for an amendment to be passed. Once an amendment is ratified by three-fourths of the States, it becomes part of the Constitution.
The President of Brazil must sign off on any constitutional amendments, as per Article 60 of the Constitution.
The Constitution of Belgium can be amended by the federal legislative power, which includes the King and the Federal Government. A Declaration of Revision of the Constitution must be signed by the King and the Federal Government.
Amendments in Ireland originate as bills and become law through an Act of Parliament. However, they must also be approved via a referendum.
In Japan, amendments can be proposed by a People's Initiative, a Constituent Assembly, or a Constitutional Convention. The Constitution does not specify a particular individual who must sign off on amendments.
