Jonah Patel
A constitutional amendment is a modification of a constitution of a polity, organization, or other type of entity. The names of amendments made to the US Constitution are usually capitalized, for example, the First Amendment. However, when referring to a constitutional amendment in general, constitutional is lowercase because it is an adjective. Different jurisdictions have different formal requirements for drafting and enacting constitutional amendments. For example, in Ireland, Estonia, and Australia, amendments originate as bills and become law through acts of parliament, whereas in the US, a proposed amendment originates as a special joint resolution of Congress.
| Characteristics | Values |
|---|---|
| Should "constitutional" be capitalized? | No, because it is an adjective. |
| Should "constitution" be capitalized? | In the U.S., when referring to the specific founding document, "Constitution" is capitalized. |
| Should "amendment" be capitalized? | The names of amendments to the U.S. Constitution are usually capitalized. |
| Should "constitutional amendment" be capitalized? | No, it should be written in lowercase. |
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What You'll Learn
Capitalization of 'Constitutional Amendments' in the US
In the US, when referring to the specific founding document known as the Constitution, it is standard practice to capitalize the word. This capitalization extends to the names of amendments made to this Constitution, such as the "First Amendment" protecting free speech. However, when using the word "constitution" descriptively or as an adjective ("constitutional"), it is typically lowercase. For example, one might write, "We should look that up in our constitution," or refer to a "constitutional amendment."
The US Constitution's amendments are typically capitalized in text, as seen in the example of the "First Amendment." This capitalization is consistent with the names of the first ten amendments, collectively referred to as the Bill of Rights. These amendments are considered official Articles of the Constitution once ratified by three-fourths of the States.
The capitalization of amendment names is not just a stylistic choice but also a matter of clarity and specificity. Capitalization helps distinguish the unique, proper names of these amendments from generic, descriptive phrases. For instance, "First Amendment" with a capital "A" refers specifically to the amendment in the US Constitution, whereas "first amendment" with a lowercase "a" could refer to any initial change or addition to a document or law.
Additionally, the manner in which constitutional amendments are recorded varies. They may be interwoven into relevant sections of the existing constitution, directly altering the text, or appended as supplemental additions (codicils) without altering the original document's text. In the US, a proposed amendment originates as a special joint resolution of Congress, not requiring presidential approval or veto power.
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Ireland's procedure for constitutional amendments
In Ireland, amendments to the Constitution are only possible through a referendum. The procedure for amending the Constitution is specified in Article 46. A proposal to amend the Constitution must be initiated as a bill in Dáil Éireann, the house of representatives of the Oireachtas (parliament), and then passed by both Houses of the Oireachtas.
Once a bill has been passed by both Houses of the Oireachtas, it must be submitted to a referendum. The proposal put to referendum must not contain any other proposals, and only Irish citizens can participate in this referendum. After the referendum has concluded, the referendum returning officer signs a provisional referendum certificate and publishes a copy in Iris Oifigiúil. Anyone wishing to challenge the results of the referendum has seven days to apply to the High Court for leave to present a referendum petition. If no petition is presented within seven days, the certificate becomes final, and the President will sign the bill into law, amending the Constitution.
The President does not have the power to veto an amendment, provided that the correct procedure has been complied with. However, the President may refer a bill to the Supreme Court to decide if it is repugnant to the Constitution before signing it into law. If the Supreme Court decides that the bill is repugnant, the President will not sign it into law.
Since the Constitution came into force on 29 December 1937, there have been 32 amendments. The first two amendment acts were passed during a three-year transitional period when a referendum was not required. Notable amendments include the Third Amendment, passed in 1972, which allowed Ireland to accede to the European Communities, and the Thirty-second Amendment Bill of 2013, which sought to abolish Seanad Éireann.
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Amendments to the German Weimar Constitution
In the United States, when referring to the specific founding document known as the Constitution, it is capitalized. However, when referring to a "constitutional amendment," the word "constitutional" is lowercase, as it is an adjective. Now, onto the Weimar Constitution.
The Constitution of the German Reich, commonly known as the Weimar Constitution, was the constitution that governed Germany during the Weimar Republic era. It was signed on August 11, 1919, by Friedrich Ebert, the first president of Germany, and it became effective on August 14, 1919. The Weimar Constitution was created after the end of World War I, during the German revolution of 1918–1919, which saw the collapse of the Imperial German government. The Weimar Constitution established a federal semi-presidential republic with a parliament consisting of an elected lower house, the Reichstag, and an appointed upper house, the Reichsrat.
The Weimar Constitution included a range of civic rights and freedoms, including freedom of speech, habeas corpus, and religious freedom. It also guaranteed equality before the law for all Germans and abolished public legal privileges or disadvantages based on birth or rank. The constitution specified the powers of the Reich President, including command over the military, the appointment and dismissal of officials, and the authority to intervene with the aid of the armed forces to enforce compliance with constitutional duties.
While the Weimar Constitution did not establish a special body for carrying out constitutional amendments, Article 76 stated that the constitution could be amended by law. However, it specified that acts amending the constitution required the presence and consent of at least two-thirds of the legal number of members. This provision highlights a distinction from the US Constitution, which provides for alternative procedures outside the legislative process for amending the constitution.
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Ethiopia's constitutional modification requirements
In general, when discussing a "Constitutional Amendment", the word "constitutional" is lowercase because it is an adjective. However, when referring to the specific founding document known as the Constitution, it is capitalized. For example, in the U.S., George Washington's signature graces the Constitution, which guarantees the right to free speech in the First Amendment.
Now, turning to the topic of Ethiopia's constitutional modification requirements, the country's Constitution outlines a specific process for implementing changes. According to Article 105, any modification requires the approval of a two-thirds majority of Ethiopia's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. This process ensures that any alterations to the Constitution are carefully considered and agreed upon by a significant proportion of the country's regions and legislative body.
It is worth noting that certain chapters and articles within the Ethiopian Constitution are particularly challenging to amend. Chapter Three, which outlines Human and Democratic Rights, along with Articles 104 and 105, require the unanimous consent of the federal regional states and a two-thirds majority in each house of Parliament. This heightened requirement underscores the importance of these fundamental rights and the consensus needed to modify them.
The Ethiopian Constitution also emphasizes the equality of its regions, granting each the power to veto amendments to specific articles. This provision ensures that regional perspectives are considered in the constitutional amendment process, further safeguarding the rights and interests of all Ethiopian citizens.
In summary, Ethiopia's constitutional modification requirements involve securing a two-thirds majority from both the country's regions and the Federal Parliamentary Assembly. Certain chapters and articles, pertaining to human and democratic rights, face additional amendment hurdles, requiring unanimous consent from federal regional states and a two-thirds majority in both houses of Parliament. The constitution's recognition of regional equality further strengthens the voice of individual regions in the amendment process. These procedures reflect a thoughtful approach to governing and protecting the rights of Ethiopians.
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US state constitutions and amendments
In the US, the names of amendments made to the Constitution are typically capitalised. For example, the "First Amendment" or the "Fourth Amendment". However, when referring to a constitutional amendment in a general sense, it is written in lowercase, for example, "a constitutional amendment".
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The US Constitution is a relatively short document, containing only 4,543 words. It is a foundational text, outlining the structure of the federal government and the separation of powers into the legislative, executive, and judiciary branches.
Each US state also has its own constitution, which is much longer than the US Constitution. State constitutions are detailed documents, providing a framework for the day-to-day relationships between the state government and the people. They often include a bill of rights, outline the structure of the state government, and establish an executive branch, a state legislature, and state courts.
State constitutions can be amended, and some states allow amendments by initiative. For example, the Constitution of American Samoa, one of the US territories with its own constitution, has been amended several times since its adoption in 1960. The process of amending the US Constitution is outlined in Article V, and proposals for amendments can originate from Congress or a national convention requested by state legislatures.
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Frequently asked questions
In the United States, when referring to the specific founding document known as the Constitution, it is capitalized. The names of amendments made to this Constitution are also usually capitalized. For example, the "First Amendment". However, the word constitutional is lowercase because it is an adjective.
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text.
A proposed amendment becomes an official Article of the US Constitution once it is ratified by three-fourths of the States. The Article usually goes into force at this time, although there may be a delay in some cases. Amendments do not need to be signed or approved by the President.
