Keith Mack
Amendments to a law can be made by altering the text of the current law or by superseding its provisions. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. 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 once it is ratified by three-fourths of the states. Amendments can also be made to existing statutes or bills in the course of their passage through a legislature.
| 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 |
| What happens after an amendment is proposed? | The Archivist of the United States submits the proposed amendment to the States for their consideration |
| What is the process of ratification? | Ratification can be by state legislatures or popularly elected conventions in the several states; in many U.S. states, proposed amendments must be approved by the voters in a popular referendum |
| When does a proposed amendment become part of the Constitution? | When it is ratified by three-fourths of the States (38 out of 50) |
| What is the role of the OFR? | The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. It also drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution |
| What is the role of the President in the amendment process? | The President does not have a constitutional role in the amendment process |
| How can a bill amend a statute? | By inserting new provisions, striking out provisions, or making specific alterations/modifications in existing provisions |
| What is the role of Congress? | Congress decides whether the ratification will be by state legislatures or popularly elected conventions in the several states |
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What You'll Learn
The US Constitution amendment process
The US Constitution has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the US Constitution is a difficult and time-consuming procedure. An amendment may be proposed either by the 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.
The Congress proposes an amendment in the form of a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
The Archivist of the United States, who heads the National Archives and Records Administration (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. 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.
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). 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 the Congress and the Nation that the amendment process has been completed.
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Congress proposes an amendment
The process of amending a law in the United States is a complex and lengthy procedure. The authority to amend the US Constitution is derived from Article V of the Constitution. The process begins with Congress proposing an amendment, which must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging threshold to meet, as it requires significant support for the amendment across both chambers of Congress.
Once the amendment is proposed by Congress, it is then 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 this 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, providing them with the necessary information to consider the proposed amendment.
The proposed amendment is then submitted to the States for their consideration. Each Governor receives a letter of notification along with the informational material prepared by the OFR. At this stage, the Governors formally submit the amendment to their State legislatures, or a state may call for a convention, depending on Congress's specifications. It is worth noting that some State legislatures have been known to act on proposed amendments without waiting for official notification.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). Once the OFR receives and verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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State legislatures or state convention ratification
The process of amending a law can vary across different jurisdictions. In the context of the United States Constitution, an amendment may be proposed by 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.
Once an amendment is proposed, it is submitted to the states for their consideration. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications. State legislatures can choose to wait for official notification before taking action on a proposed amendment, although this is not a requirement.
The ratification method in a state legislature is procedurally straightforward. A resolution, memorial, or proclamation of ratification is proposed, and it is voted on in each chamber of the state legislature. This process is simpler than the convention method of ratification, which is separate and distinct from a state legislature.
In the convention method, delegates are elected using statewide block voting, with candidates listed on the ballot based on their stance on the proposed amendment. Write-in votes are also permitted. The convention is convened, and a majority of delegates form a quorum. This method allows for a more direct representation of registered voters' sentiments on sensitive issues, as delegates are presumed to be average citizens who are less likely to bow to political pressure.
It is important to note that the United States Supreme Court has ruled that a popular referendum cannot substitute for the legislature or a ratifying convention. Additionally, a referendum cannot approve or disapprove of their decisions.
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The President's role in the amendment process
However, there have been instances where Presidents have played an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery, even though his signature was not necessary. Similarly, President Jimmy Carter signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was not required. In addition, President Clinton has endorsed the idea of a crime victims' rights amendment.
In the past, the certification of an amendment's ratification was often witnessed by the President. For instance, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
The President can also play an indirect role in the amendment process by influencing Congress, which has the power to propose and approve amendments. The President can approve or veto a bill, and Congress can override a veto by voting on it.
It is important to note that the Supreme Court has clarified that the President has no formal constitutional role in the amendment process, and the submission of a constitutional amendment does not require their action.
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Bills and how they become laws
Bills are legislative proposals that, when enacted, become laws. The process by which a bill becomes a law is known as the legislative process. In the United States, this process varies between the House of Representatives and the Senate, and at the federal level, it involves multiple steps.
Firstly, a bill is introduced in either the House of Representatives or the Senate. Bills can be introduced by any member of Congress, although only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties. Once introduced, the bill is sent to the relevant committee in the originating chamber, which specialises in the area the bill concerns. The committee considers, investigates, and may amend or rewrite the bill before reporting it back to the full chamber.
The second stage involves debate and vote in the first chamber (the House of Representatives or the Senate). The bill is debated and voted on, and if it passes, it moves to the other chamber, where the process repeats. If the second chamber approves the bill as received, it will be sent directly to the president for consideration. However, if amendments are made, the bill returns to the first chamber for approval of the changes. This 'bouncing back' of a bill between chambers is known as 'reconciliation'.
Once both chambers agree on the same version of the bill, it is presented to the president for consideration. The president can approve the bill and sign it into law or refuse to approve it by vetoing it. If the president vetoes the bill, Congress can override the veto with a vote, 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 vetoed by default, known as a 'pocket veto', which cannot be overridden.
The process by which a law is amended depends on the jurisdiction and the type of law being amended. In the context of the US Constitution, 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. After an amendment is proposed, the Archivist of the United States administers the ratification process, submitting the proposed amendment to the States for their consideration. For an amendment to become part of the Constitution, three-quarters of the States (38 out of 50) must ratify it.
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Frequently asked questions
The process of amending a law differs across countries and states. In the United States, a bill (or joint resolution) may directly alter the text of current law only if its provisions are formulated explicitly as amendments to that text. A provision amending existing law may either insert new text in the law, strike out existing text, or strike out text and insert new text.
The authority to amend a law is dependent on the type of law and the country or state in question. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
For an amendment to be made, there are typically specific requirements that need to be met. In the United States, two-thirds of the members of each house of Congress must approve an amendment, and three-fourths of the states must ratify it. In some U.S. states, proposed amendments to a state constitution must also be approved by voters in a popular referendum.
