Simone Lawson
The process of amending a constitution varies across different countries. In the United States, the Constitution has been amended 27 times since it was drafted in 1787. 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. A proposed amendment becomes part of the Constitution when it is ratified by three-quarters of the states. The process of amending a constitution is often challenging and time-consuming, as it typically requires a substantial impact on the country or the protection of citizens' rights. For instance, the US Constitution has been amended to grant women the right to vote, abolish poll taxes, and lower the minimum voting age. Other countries, such as Australia, Ireland, and Switzerland, have their own unique procedures for amending their constitutions.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified on 15 December 1791 and known as the Bill of Rights |
| Amendment proposal methods | 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 |
| Amendment ratification | Requires three-fourths of the states (38 of 50) |
| Amendment authority | Derived from Article V of the Constitution |
| Amendment process | Very difficult and time-consuming |
| Amendment initiators | Congress, voters, or state legislatures |
| Amendment frequency | State constitutions are amended more frequently than the federal constitution |
| Amendment recording | Two main forms: revisions to the previous text or appendices to the main text |
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What You'll Learn
- Amendments to the US Constitution are proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
- A national convention can be called by Congress for the purpose of amending the Constitution, on the application of two-thirds of state legislatures
- An amendment becomes part of the Constitution when it is ratified by three-fourths of the states
- The Archivist of the United States is responsible for administering the ratification process
- Amendments are recorded in two main forms: revisions to the previous text or appended to the main text as special articles
Amendments to the US Constitution are proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made it difficult to amend the document, and this is evident in the process required to propose and ratify amendments. Amendments to the US Constitution are proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the signature or approval of the President.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Director of the Federal Register adds legislative history notes and publishes the resolution in slip law format, along with an information package for the states. This package includes formal "red-line" copies and copies in slip law format.
The proposed amendment is then sent to the states for ratification. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When a state ratifies, it sends an original or certified copy of the action to the Director of the Federal Register, who examines the documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director maintains custody of them until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
The Archivist of the United States is responsible for administering the ratification process and, once an amendment is ratified, issues a certificate proclaiming it as an operative part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
The process of amending the US Constitution is deliberately challenging and time-consuming. Since the Constitution was put into operation in 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Of these, 27 have been ratified and are now part of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791.
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A national convention can be called by Congress for the purpose of amending the Constitution, on the application of two-thirds of state legislatures
The United States Constitution is a document that outlines the country's fundamental laws and principles. It establishes the structure and powers of the federal government, as well as the rights and freedoms of its citizens. Over time, it may become necessary to modify or add to these laws and principles to address new social, political, or economic developments. This is where the concept of amendments comes into play. Amendments are changes or additions made to the Constitution to update or clarify its provisions.
A national convention for amending the Constitution can be called by Congress when two-thirds of the state legislatures (34 out of 50 states) make an application. This process is authorized by Article V of the United States Constitution, which outlines two methods for proposing amendments. The first method, which has been used 33 times, is for Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, is the Article V Convention method, where Congress calls for a convention to propose amendments at the request of two-thirds of the state legislatures.
The process of amending the Constitution involves several steps. Once Congress proposes an amendment, it is forwarded 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 amendment in slip law format, and assembles information packages for the states. The states then take action on the proposed amendment. When a state ratifies it, an original or certified copy of the state action is sent to the Archivist of the United States, who administers the ratification process.
The OFR examines the ratification documents for authenticity and legal sufficiency. If they are in good order, the OFR maintains custody of the documents until the amendment is adopted or fails. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR drafts a formal proclamation for the Archivist to certify the amendment's validity, which is published in the Federal Register as official notice that the amendment process is complete.
While the Article V Convention method of proposing amendments has never been used at the federal level, there have been over 230 constitutional conventions at the state level. Additionally, every state except Hawaii has applied for an Article V Convention at some point, with the majority of applications occurring in the 20th century. The process of amending the Constitution ensures that any changes are carefully considered and agreed upon by a significant majority of states, reflecting a consensus across the nation.
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An amendment becomes part of the Constitution when it is ratified by three-fourths of the states
The United States Constitution was written to be a durable document, with a challenging amendment process. The Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being adopted in 1791. Amending the Constitution is a difficult and time-consuming process, as it should only be done for significant changes that affect all Americans or secure citizens' rights.
The process of amending the Constitution begins with a proposal, which can be made 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. Once a proposal is made, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA adds legislative history notes and publishes the proposal in slip law format, along with an information package for the states.
After a proposal is made, it is sent to the states for ratification. 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 can be done through the state legislatures or state ratifying conventions. 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 administers the ratification process. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. This certification is also used for record-keeping purposes and has no legal effect on the amendment itself. The process of amending the Constitution is a collaborative effort between Congress, the states, and the Archivist of the United States, ensuring that any changes made are carefully considered and widely accepted.
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The Archivist of the United States is responsible for administering the ratification process
The Archivist's responsibilities include safeguarding and making available for study all the permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights. The Archivist also has specific duties related to the ratification process for constitutional amendments.
After Congress proposes an amendment, the Archivist of the United States is charged with administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by the OFR. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register.
The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. When 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
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Amendments are recorded in two main forms: revisions to the previous text or appended to the main text as special articles
Amendments are an essential aspect of constitutions, allowing for necessary changes and updates to be made over time. The process of amending a constitution varies across different countries and jurisdictions, but it generally involves a more stringent procedure compared to passing ordinary legislation. In the United States, the authority to amend the Constitution is derived from Article V, which outlines the amendment process.
Amendments to a constitution can be recorded in two main forms: revisions to the previous text or as appended articles. In most jurisdictions, the first approach is more common, where amendments take the form of revisions to the existing text. This involves directly altering the wording of the constitution, with portions of the original text being deleted, modified, or substituted, and new articles inserted among the existing ones. This method results in an updated version of the constitution that supersedes the previous one.
On the other hand, the second method involves appending amendments to the end of the main text as special articles or codicils. This approach leaves the original text intact, adding supplementary information or articles that enhance or clarify the understanding of the constitution without altering its core content. While the original wording remains unchanged, the doctrine of implied repeal applies, meaning that in the event of a conflict, the amendment will typically take precedence. This form of amendment is less common but is used in certain jurisdictions, such as the United States, where amendments are appended as codicils.
The process of proposing and ratifying amendments can vary. In the United States, amendments can 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. Once an amendment is proposed, it undergoes a ratification process involving the Archivist of the United States and the Director of the Federal Register, who follow established procedures.
Other countries have different procedures for proposing and ratifying amendments. For example, Australia and Ireland require amendments to be passed by the legislature before being submitted to the people for approval, with Australia requiring a majority of voters in a majority of states. In contrast, Japan has not passed any amendments due to its exacting procedures. These variations in amendment processes highlight the diverse approaches taken by different countries to ensure effective governance and adaptability within their constitutional frameworks.
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Frequently asked questions
The US Constitution can be amended either 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. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of the states.
The US Constitution was written "to endure for ages to come", and so the process of amending it was made deliberately difficult. Amending the Constitution requires a high threshold of support, and amendments must have a major impact on or secure the rights of citizens.
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments (the Bill of Rights) adopted in 1791. State constitutions, on the other hand, are amended more frequently.
The process of amending a constitution varies across different countries. For example, in Australia and Ireland, amendments must first be passed by the legislature before being submitted to the people. In contrast, in the US, the President does not have a constitutional role in the amendment process.
