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Unit 6: Socio-Economic Bases and Salient Features of the Constitutions

6.2 Amendment Process in the Constitution of USA and Switzerland Notes

Amendment Procedure of USA

Methods of Proposal* Method of Ratification**

1. By two-thirds votes of both the Houses By legislatures in three-fourths (38) of the States
of Congress or
2. By Constitutional Convention called by By Conventions in the three-fourths (38) of the
the Congress when petitioned do so by States.
two-thirds (34) of the States.
* Either of the two methods may be ** States may select either of the two courses
adopted. unless the Congress specifically provides
for one.

The Founding Fathers of the American Constitution visualised that future situations would need
a change in the constitutional provisions and thus they provided Article V which reads: “The
Congress whenever two-thirds of both houses shall propose amendments to this Constitution, or
on the application of the Legislatures of two-thirds of the several States, shall call a convention for
proposing amendments, which in either case shall be valid to all intents and purposes, as part of
this Constitution, when ratified by the Legislatures of the three-fourths of the several States, or by
Conventions by three-fourths thereof as the one or the other mode of ratification may be proposed
by the Congress; provided that no amendment which may be made prior to the year one thousand,
eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section
of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in
the Senate.”
It may be pointed out here that the difficult process of constitutional amendment was adopted in
order to meet the then requirements of a confederal set up. The passionate attachment of the States
(which joined the confederation) to their individual independence made them afraid of granting
any authority to the Centre that might have ultimately deprived them of their sovereign rights.
Hence, an arrangement was made whereby the power of constitutional amendment was given to
both. As a result, the American Constitution can be amended with the bilateral action of the
federal government located at Washington, D.C. and 3/4 of the State governments.
The language of the Constitution is certainly difficult, but it implies two things: First if the work
of amendment is initiated by the Central government, then the bill must be passed by the Congress
with a two thirds majority in each house and then referred to the State legislatures to be adopted
by the two-thirds majority for the sake of its ratification. In case the three-fourths of the States so
ratify, the bill shall be taken as finally passed. However, the Congress has the power of getting the
work of ratification done either by the legislatures of Slates, or it may provide for special conventions
there. In the case of 22 amendment of 1951 the work of ratification in the States was done not by
nd
the legislatures but by special conventions.
Second, if the proposal of constitutional amendment is initiated by the State governments, it
should be supported by at least two-thirds of the State legislatures. In such a case, the Congress
shall convene a special convention where the proposal will be discussed and for adoption it is
required that it must have the support of at least two-thirds majority. If the proposal is adopted by
the constitutional convention, it shall be referred to the States for ratification. In the States the
work of ratification will be done either by the legislatures or by the constitutional conventions as
the Congress decides. However, for the sake of adoption two-thirds majority is needed and the
proposal will be taken as finally passed when, in all, three-fourth (38) States give their verdict in
favour of ratification. This method has not come into use so far.

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