Cecily Zamora
The process of amending a passed law in the United States is a complex and lengthy one. It involves multiple steps and requires approval from various legislative bodies. The US Constitution, written to endure for ages to come, has been amended only 27 times since 1787, indicating the difficulty of the process. 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 must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This process is governed by Article V of the Constitution, which outlines the procedures for amending the nation's foundational document. The right to petition for amendments is guaranteed by the First Amendment, empowering citizens to drive change.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | 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 |
| Who is responsible for administering the ratification process? | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| When does a proposed amendment become part of the Constitution? | When it is ratified by three-fourths of the States (38 out of 50 States) |
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups |
| What happens if there are differences between the House and Senate versions of a bill? | Both chambers vote on the same version of the bill, and if it passes, they present it to the president for approval or veto |
| What happens if a bill is vetoed by the president? | In most cases, Congress can vote to override the veto and the bill becomes a law |
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What You'll Learn
Bills can be proposed by citizens
In the United States, citizens can propose bills, which are proposals for new laws or changes to existing ones. This can be done by petitioning members of Congress or citizen groups who recommend a new or amended law to a representative. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research and discussion.
The process differs slightly between the House of Representatives and the Senate. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting. Only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.
If both bodies vote to accept a bill, they must work together to reconcile any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president for approval. The president can approve the bill and sign it into law or choose to veto it. If the president vetoes a bill, Congress can vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be pocket-vetoed and cannot be overridden.
It is important to note that the process for amending the Constitution of the United States is different. The authority to amend the Constitution is derived from Article V, which states 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. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
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Amendments require a two-thirds majority vote
In the United States, the lawmaking branch of the federal government is Congress, which consists of the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, and voting.
After both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president vetoes a bill, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, called a "pocket veto," which cannot be overridden by Congress.
Constitutional amendments require a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). 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 has been completed.
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The President can veto a bill
In the United States, the President can use their veto power to prevent a bill passed by Congress from becoming law. The President's veto power is not absolute, and Congress can override the veto by a two-thirds vote of both chambers. The President then has the option to approve the bill and sign it into law, or veto it. If the President chooses to veto a bill, Congress can still vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, in what is called a "pocket veto". This type of veto cannot be overridden by Congress.
The process of how a bill becomes a law differs between the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the President.
The President is required to state any objections to the bill in writing, and Congress must consider them. The veto was constructed with limits during the Constitutional Convention, and Congress can override a veto. The President's veto power was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. In 2009, Senators Russ Feingold and John McCain introduced legislation for a limited version of the line-item veto, which would give the President the power to withdraw earmarks in new bills by sending them back to Congress.
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Congress can override a veto
In the United States, a bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president.
The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill, which is called a veto. The Constitution grants the President the authority to veto legislation passed by Congress. This authority is one of the most significant tools the President can employ to prevent the passage of legislation. Even the threat of a veto can bring about changes in the content of legislation long before the bill is ever presented to the President. The President has 10 days (excluding Sundays) to act on legislation or the legislation automatically becomes law.
If the president chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law. To override a presidential veto, Congress must muster a two-thirds vote in both the House of Representatives and the Senate. The first successful congressional override occurred on March 3, 1845, when Congress overrode President John Tyler's veto of S. 66.
However, there are two types of vetoes: the "regular veto" and the "pocket veto." The regular veto is a qualified negative veto, where the President returns the unsigned legislation to the originating house of Congress within a 10-day period, usually with a memorandum of disapproval or a "veto message." Congress can override this type of veto with a two-thirds vote in each house. On the other hand, the pocket veto is an absolute veto that cannot be overridden. The pocket veto comes into effect when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. If the President blocks legislation by pocket veto, Congress cannot later override the veto—instead, the legislature must reintroduce the bill and enact it again.
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Amendments must be ratified by 38 states
The process of amending a passed law in the United States is a complex and meticulous one. It involves multiple steps and the involvement of various key figures to ensure a fair and democratic process. One of the most crucial steps in this process is the ratification of amendments by a significant majority of states, specifically, 38 out of 50 states. This requirement underscores the importance of consensus and widespread support for any changes made to the Constitution, the foundation of the country's legal system.
The process of amending the Constitution is outlined in Article V of the Constitution itself. After an amendment is proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, it enters the ratification phase. This phase is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist plays a pivotal role in ensuring the integrity and legality of the ratification process.
To become an integral part of the Constitution, an amendment must be ratified by a substantial majority of states. Specifically, the magic number is 38, which equates to three-fourths of the total number of states in the country. This requirement ensures that any changes to the Constitution reflect the will and interests of a diverse range of states, safeguarding against regional biases or discrepancies.
The process of achieving ratification from 38 states involves each state's legislature or a state-called convention. The Archivist of the United States, in conjunction with the Director of the Federal Register, follows established procedures and customs to facilitate this process. Once the required number of states has ratified the amendment, the Archivist certifies its validity, and it officially becomes part of the Constitution.
It is worth noting that, historically, amendments have rarely been proposed by a constitutional convention. All 27 amendments to the Constitution thus far have been proposed by Congress. Additionally, the President does not have a direct role in the amendment process, further emphasizing the importance of congressional and state-level support for any constitutional changes.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president for approval. The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president vetoes a bill, Congress can vote to override that veto, and the bill becomes a law.
No, the President does not have the authority to amend a passed law. If a bill has been presented to the President but not acted upon, a concurrent resolution can be requested for the bill to be returned to the Senate or the House for correction. However, if the President has approved a bill, and it has become a law, any amendment can only be made by the passage of another bill, which must take the same course as the original.
Yes, a passed law can be amended through the passage of another bill, which must go through the same process as the original bill.
The Constitution of the United States can be amended through a proposal 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 as soon as it is ratified by three-fourths of the States (38 out of 50 States).
