Jonah Patel
Amendments are changes or additions to a law or document, such as a constitution. They are often made to update or clarify the original text, and can be proposed through various methods, including by a legislature, constitutional convention, or referendum. In some jurisdictions, amendments originate as bills and become law through acts of parliament, while in others, such as the United States, they are proposed as special joint resolutions of Congress. The process of amending a constitution can vary, with some requiring supermajorities in both chambers of parliament, while others, like the Indian Constitution, have been amended over 100 times since 1950. The United States Constitution, for example, has been amended 27 times since its ratification in 1788, with the first ten amendments, known as the Bill of Rights, being passed in 1789 and ratified in 1791. These amendments form the foundation of many rights and freedoms that Americans hold dear today.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of first 10 amendments | Ratified December 15, 1791 |
| Most recent amendment | 27th Amendment, ratified May 7, 1992 |
| Example of a procedure to propose an amendment | Tennessee State Constitution: through the legislature or by constitutional convention, with approval by a majority of voters in a referendum |
| Amendments in other countries | Vary by country and jurisdiction; e.g., India has amended its constitution 106 times as of August 2021, while Japan, China, and Germany have different procedures and interpretations |
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What You'll Learn
Amendments to the US Constitution
Amendments are changes made to a law or a constitution. In the context of the United States, amendments are changes or additions to the US Constitution, which is the supreme law of the country.
The US Constitution has been amended 27 times since it was ratified in 1788. The process of amending the Constitution is a rigorous one, and the document has only been amended a few times in recent decades. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified on December 15, 1791. These amendments are considered pillars of American law and encompass many of the rights Americans hold dear today. They include the First Amendment, which guarantees freedom of religion, speech, and the press, and the Second Amendment, which protects the right to bear arms.
The Thirteenth, Fourteenth, and Fifteenth Amendments, known as the Reconstruction Amendments, were added following the Civil War to address issues related to slavery, citizenship, and voting rights. The Eighteenth Amendment, ratified in 1919, established the prohibition of alcohol, but it was later repealed by the Twenty-first Amendment in 1933, which is the only amendment to explicitly repeal an earlier one. The Twenty-Seventh Amendment, the most recent addition, was proposed in 1789 but not ratified until 1992. It requires that any changes in pay for members of Congress cannot take effect until after an election.
The process of amending the Constitution begins with a proposal by Congress or the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the state legislatures or state ratifying conventions, depending on the method specified by Congress. This process is governed by statutes enacted by Congress. The Archivist of the United States administers the ratification process and issues a certificate when an amendment becomes part of the Constitution.
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Rights and Freedoms
The US Constitution's first three foundational documents are the Bill of Rights. The first ten amendments to the Constitution are included in the Bill of Rights, which was written by James Madison. It protects individual freedoms and limits government authority.
The First Amendment guarantees freedom of religion, speech, the press, and assembly. It also ensures that individuals can petition the government for a redress of grievances.
The Second Amendment protects the right to keep and bear arms.
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes.
The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. It states that warrants may only be issued with probable cause and must specifically describe the location to be searched and the items to be seized.
The Fifth Amendment provides several protections for those accused of crimes, including the right against self-incrimination, protection from double jeopardy, and the right to due process.
The Sixth Amendment grants individuals accused of crimes the right to a speedy and public trial, an impartial jury, and legal representation.
The Seventh Amendment extends the right to a jury trial in federal civil cases.
The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment.
The Ninth Amendment clarifies that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people.
The Tenth Amendment states that powers not delegated to the Federal Government by the Constitution are reserved for the states or the people.
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Amendments in Different Countries
Amendments are modifications to the constitution of a country, organisation, or another type of entity. They can be interwoven into the relevant sections of an existing constitution, directly altering the text, or they can be appended as supplemental additions, changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
United States:
The United States Constitution has been amended 27 times since it was ratified in 1788. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. Amendments in the US originate as a special joint resolution of Congress that does not require the President's signature or veto.
Ireland and Australia:
In Ireland and Australia, amendments originate as bills and become laws in the form of Acts of Parliament. However, they must also be approved in a referendum to come into force. In Ireland, a simple majority of those voting is required, while Australia has a more complex set of criteria, requiring a majority of voters in a majority of states.
Switzerland:
Switzerland has a procedure similar to Australia, also requiring amendments to be passed by the legislature before being submitted to the people.
Germany:
The 1919 German Weimar Constitution had a very wide conception of "amendment," allowing any law that reached the necessary supermajorities in both chambers of parliament to deviate from the constitution without becoming part of it. This was ruled out in the postwar 1949 constitution, which only allows amendments by explicitly changing the constitution's text.
Ethiopia:
The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. Chapter Three, describing human and democratic rights, and Articles 104 and 105 are almost unamendable, requiring total consensus from the federal regional states and two-thirds of each house of Parliament.
European Union:
The European Union has two paths for amendments: ordinary revision and simplified revision. Ordinary revision relates to key changes in the competences of the EU and requires an intergovernmental conference to adopt proposals for amendments by consensus. Simplified revision applies to the EU's policies and internal actions, where the European Council unanimously adopts decisions on amendments after consulting the necessary bodies.
The amendment processes in different countries vary, with some having more stringent requirements than others.
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Process of Amendment
The United States Constitution has been amended 27 times since it was ratified in 1788. The authority to amend the Constitution comes from Article V of the Constitution. The process to alter the Constitution consists of proposing an amendment and subsequent ratification.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a convention requested by two-thirds of state legislatures. However, all 27 amendments to the Constitution have been proposed by Congress. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) 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.
After processing, the OFR 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 process. The Archivist of the United States then 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. Once three-quarters of the States (38 out of 50) have ratified the amendment, it becomes an operative part of the Constitution. The Archivist drafts a formal proclamation certifying 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 is complete.
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History of Amendments
Amendments are changes or additions to a country's constitution, which are usually made through a formal process involving proposal, debate, and ratification. In the United States, the Constitution has undergone numerous amendments throughout its history, with 27 amendments successfully ratified and implemented.
The first 10 amendments to the US Constitution, collectively known as the Bill of Rights, were proposed by the First Congress in 1789 and ratified simultaneously on December 15, 1791. These amendments were designed to protect the fundamental rights and freedoms of American citizens, including the right to free speech, the right to bear arms, and protections against unreasonable searches and seizures.
Over the years, additional amendments have been proposed and ratified to address specific issues and evolving societal needs. For example, the 11th Amendment, ratified in 1795, clarified the judicial powers of the United States and limited the ability of citizens to sue states in federal court. The 12th Amendment, which superseded a portion of the original Constitution, outlined the processes for electing the President and Vice President and established their term limits.
Some amendments have addressed civil rights and equality. The 14th Amendment, ratified in 1868, granted citizenship to "all persons born or naturalized in the United States" and guaranteed equal protection under the law. It also reversed the Supreme Court's narrow interpretation of state powers in the infamous Dred Scott case. The 19th Amendment, ratified in 1920, guaranteed women's right to vote, a milestone achievement in the women's suffrage movement.
More recently, the 26th Amendment lowered the voting age to 18 across the nation. Proposed in 1971 and ratified in 1971, it ensured that young adults aged 18 or older could not be denied the right to vote based on age. This amendment exemplified the ongoing evolution of American democracy and the expansion of voting rights.
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Frequently asked questions
A constitutional amendment is a change or addition to the constitution, which can be proposed through a number of methods, including a People's Initiative, a Constituent Assembly, or a Constitutional Convention. Amendments can originate as bills and become laws in the form of acts of parliament, or they can be proposed as a special joint resolution of Congress.
The US Constitution has been amended 27 times since it was ratified in 1788. The first 10 amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. The most recent amendment was proposed in 1789 but wasn't ratified until 1992.
The first amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The fourteenth amendment states that: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
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