Gavin Howe
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. Amendments can be made to existing constitutions and statutes and are also commonly made to bills in the course of their passage through a legislature. The process of amending a constitution varies across jurisdictions. 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states. On the other hand, in India, the constitution has been amended over a hundred times since its commencement in 1950, with the Supreme Court holding that parliament's power to amend does not extend to changing the basic structure of the constitution.
| 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 is the process? | The Archivist of the United States administers the ratification process. The Archivist submits the proposed amendment to the States, which are considered by the Governors and then formally submitted to their State legislatures or a convention, depending on what Congress has specified. |
| What is required for an amendment to be made? | Two-thirds of the members of each house of Congress must approve it, and three-fourths of the states must ratify it. |
| What is an example of a famous amendment? | The First Amendment to the United States Constitution added freedom of speech, religion, press, and protest. |
| What is an example of a failed amendment? | The ERA Amendment did not pass the necessary majority of state legislatures in the 1980s. |
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What You'll Learn
- Amendments are official changes to laws, constitutions, contracts, or other legal documents
- The US Constitution can be amended by Congress with a two-thirds majority vote in both houses
- Amendments are proposed by Congress in the form of a joint resolution
- The Archivist of the US administers the ratification process, overseen by the Director of the Federal Register
- An amendment becomes part of the Constitution when ratified by three-fourths of the States
Amendments are official changes to laws, constitutions, contracts, or other legal documents
The process of amending a constitution can vary across different jurisdictions. For example, in Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, often requiring approval through a referendum. In India, the constitution has been amended over 100 times since its commencement in 1950, while the German Weimar Constitution of 1919 allowed deviations from the constitution with supermajorities in both chambers of parliament.
Amendments can also be made to contracts, which are often amended when market changes occur. For instance, a contract to deliver an item to a customer once a month may be amended to weekly deliveries if the customer requests it. Additionally, amendments can be made to bills during their passage through a legislature.
Overall, the process of amending a law, constitution, or contract involves official changes that require specific procedures and approvals, depending on the jurisdiction and the type of document being amended.
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The US Constitution can be amended by Congress with a two-thirds majority vote in both houses
The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, the authority to amend the Constitution is derived from Article V.
After Congress proposes an amendment, the Archivist of the United States, who heads the 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 informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress.
For an amendment to become part of the Constitution, it must be 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 serves as official notice to Congress and the Nation that the amendment process is complete.
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Amendments are proposed by Congress in the form of a joint resolution
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. Amendments can add, remove, or update parts of these agreements. In the United States, amendments to the Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which does not require the President's signature or approval. The original document is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The joint resolution is published in slip law format, along with legislative history notes added by the Office of the Federal Register (OFR). The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies in slip law format. The Archivist of the United States then submits the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with the informational material prepared by the OFR.
The process of proposing an amendment through a joint resolution is unique to the United States. In other jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments often originate as bills and become laws through acts of parliament. While the specific procedures may vary, the process of amending a constitution is generally a carefully prescribed and challenging endeavour, reflecting the significance of such changes to a nation's political system and governing institutions.
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The Archivist of the US administers the ratification process, overseen by the Director of the Federal Register
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives. The Archivist is appointed by the President with the advice and consent of the Senate. They are responsible for safeguarding and making available for study all permanently valuable records of the federal government.
Once Congress proposes an amendment, the Archivist of the United States 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 informational material prepared by the OFR. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The Director of the Federal Register is responsible for the care and preservation of the Presidential records and historical materials deposited in a Presidential archival depository. They are appointed by the Archivist and serve at their pleasure. The Director also performs other functions as specified by the Archivist. In practice, the administrative responsibilities of the Archivist are delegated to the Director of the Federal Register.
Once 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, under the Director, 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.
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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An amendment becomes part of the Constitution when ratified by three-fourths of the States
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. In the United States, the Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution and is a challenging and lengthy process.
An amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50 States). This means that for an amendment to be added to the Constitution, it must be approved by a significant majority of the states. The process 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 the proposal is made, it is submitted to the States for their consideration.
The process of ratification involves each State legislature formally reviewing and voting on the proposed amendment. This process can vary among States, but it typically involves multiple readings and votes over an extended period. In some cases, States may hold a referendum, allowing voters to directly decide on the amendment. Once a State has ratified the amendment, it sends an official notification to the Archivist of the United States, who is responsible for administering the ratification process.
When the required number of States (three-fourths) have ratified the amendment, the Archivist, through the Director of the Federal Register, certifies that the amendment is valid and has become part of the Constitution. 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.
The process of amending the Constitution is deliberately challenging, ensuring that any changes made are carefully considered and widely supported by the States. This process has resulted in significant amendments, such as the First Amendment, which added freedom of speech, religion, press, and protest, and the Twenty-First Amendment, which repealed prohibition.
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Frequently asked questions
An amendment is an addition or alteration made to a constitution, statute, or legislative bill or resolution. Amendments can be made to existing constitutions and statutes and are also commonly made to bills in the course of their passage through a legislature.
In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of the state legislatures or popularly elected conventions in the states. Once an amendment is ratified, it becomes part of the Constitution.
There are differences in the manner in which constitutional amendments are drafted and written down once they become law. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In other countries, such as Bulgaria and the Czech Republic, there are special procedures in place for amending the constitution.
Some examples of amendments that have become laws in the US include giving women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age from 21 to 18.
