Simplifying Amendments: Statutes Vs. Constitutions

The ease of amending a statute versus a constitution depends on several factors, including the jurisdiction and the level of government. For example, in the United States, state constitutions are amended regularly and are much easier to modify than the federal Constitution. The US Constitution is considered one of the most difficult constitutions to amend in the world, having only been amended 27 times. In contrast, the constitutions of the 50 states have been amended approximately 7,000 times, with some states amending their constitutions more than three to four times per year on average. The process of amending a statute or constitution typically involves proposing changes, securing the necessary level of legislative support, and following established ratification procedures. While statutes are generally easier to repeal or amend than constitutions due to the higher threshold for amending constitutional provisions, the specific requirements and processes can vary across different jurisdictions and levels of government.

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Federal constitutions are harder to amend than state constitutions

Federal constitutions are notoriously harder to amend than state constitutions. The US Constitution, for instance, has only been amended 27 times, while the constitutions of the 50 states have been amended approximately 7,000 times.

The US Constitution is considered ancient and virtually impervious to amendment. In the last 50 years, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but each proposal has failed.

The authority to amend the US Constitution is derived from Article V of the Constitution. A bill to amend the Constitution may be submitted by at least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic. Amendments to the Constitution are made by means of a statute adopted by the Sejm and then adopted in the same wording by the Senate within 60 days. A proposed amendment must be approved by a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution.

In contrast, state constitutions offer multiple paths for amendments, which are much easier to enact. State legislatures generate more than 80% of constitutional amendments approved each year. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. The easiest route to legislative approval of amendments is to allow approval by a majority vote in a single session, which is available in 10 states.

Additionally, 17 states provide another path for enacting amendments through citizen-initiative processes. In these states, amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment. While citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted annually, they are considered at a rapid pace in certain states, such as California and Colorado.

Amendments are often necessary due to lengthy state constitutions

Amendments are a necessary and common feature of constitutions, especially in the United States. The US Constitution has been amended 27 times, but state constitutions have been amended far more frequently, with around 7,000 amendments across the 50 states. Some states, like Alabama, Louisiana, and California, amend their constitutions more than three to four times per year on average.

The lengthy nature of state constitutions is one reason why amendments are often necessary. State constitutions are, on average, three times longer than the federal constitution and contain extensive details. This means that amendments are needed to update, clarify, or modify certain sections as society evolves and new issues arise. For example, amendments have been used to give women the right to vote, abolish poll taxes, and lower the minimum voting age.

State constitutions are generally easier to amend than the federal constitution. States offer multiple paths for amending their constitutions, and the processes vary. Amendments can be crafted by legislatures, citizens, conventions, or commissions. In California, for instance, there are three methods for proposing an amendment: by the legislature, by constitutional convention, or by voter initiative. A proposed amendment must then be approved by a majority of voters. Other states may require a supermajority legislative support, with an absolute supermajority of two-thirds of the membership of each house needed to approve an amendment.

The process of amending a constitution can be time-consuming and challenging. In the United States, a proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by three-fourths of the states. This stringent process ensures that amending the constitution is not an easy task, as it was intended to "endure for ages to come." However, the ease of amending state constitutions compared to the federal constitution highlights an interesting dynamic in the US constitutional landscape.

The UK Parliament can repeal or amend the Human Rights Act

Generally, statutes are easier to repeal or amend than constitutions. While the US Constitution has only been amended 27 times, state constitutions are amended regularly, with the 50 states' constitutions having been amended around 7,000 times. State constitutions are much easier to modify than the federal constitution, and state constitutional amendments are adopted frequently.

In the UK, the final authority on all quasi-constitutional matters is the UK Parliament (the legislature). This means that when the legislature wishes to make changes to constitutional matters, there can be no entrenchment clause or special procedure that can stand in its way. While consideration must be given to the Human Rights Act, which supersedes all legislation, the act can itself be repealed or amended by a simple majority of Parliament.

The UK government has published a Bill of Rights Bill that would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. This Bill was introduced in the House of Commons on 22 June 2022 and has not yet had its second reading.

The Human Rights Act has been criticised for creating additional legal uncertainty and costs for public authorities, and for shifting the balance of power between Parliament, the executive, and the judiciary. However, some believe that the Act is functioning as intended and enables human rights to be effectively enforced in the UK, with little need for recourse to the European Court of Human Rights.

The Human Rights Act cuts across a vast range of policy areas, and while it can only be repealed or modified by the UK Parliament, devolved legislatures can legislate in relation to human rights within their devolved policy areas.

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The US Constitution has only been amended 27 times

The US Constitution has been amended only 27 times since it was drafted in 1787. This is because the process of amending the Constitution is challenging and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states (38 out of 50 states). This two-step process, involving both the federal and state governments, is designed to ensure that any changes made to the Constitution are carefully considered and widely supported.

The authority to amend the Constitution comes from Article V of the Constitution itself. Congress proposes an amendment in the form of a joint resolution, which does not require the signature or approval of the President. Instead, the proposal is sent directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA adds legislative history notes and publishes the resolution in slip law format, along with an information package for the states.

For an amendment to be ratified, three-fourths of the states must approve it either through their legislatures or state ratifying conventions. Only one amendment, the Twenty-first Amendment, has been ratified through the latter method. This amendment repealed the Eighteenth Amendment, which established the prohibition of alcohol. It is worth noting that none of the 27 amendments to the Constitution have been proposed by a constitutional convention, despite this being a possible route for initiating the amendment process.

The process of amending state constitutions varies across the country. Some states require amendments to be approved by a simple majority, while others demand a supermajority legislative support. State constitutions are generally amended more frequently than the federal Constitution, with the current constitutions of the 50 states having been amended around 7,000 times.

State legislatures generate most constitutional amendments

State legislatures are responsible for generating most constitutional amendments in the United States. While the process of amending state constitutions varies, state legislatures generate more than 80% of the constitutional amendments considered and approved annually across the country.

State legislatures can propose amendments, which must then be approved by a majority of voters. Some states require supermajority legislative support for amendments, while others need only a simple majority. The simplest path to legislative approval is through a majority vote in a single session, which is possible in 10 states.

State constitutions are amended more frequently than the federal constitution. For example, the 50 state constitutions have been amended approximately 7,000 times, whereas the U.S. Constitution has been amended only 27 times. This is partly because state constitutions are typically much longer and more detailed than the federal constitution, making amendments necessary more often.

In addition to state legislatures, citizens' initiatives can also lead to constitutional amendments. Seventeen states allow citizen-initiated amendments, which must gather a certain number of signatures to be placed on the ballot. In some states, citizen-initiated amendments must also secure the support of a portion of the legislature before appearing on the ballot. Once on the ballot, citizen-initiated amendments are generally ratified by a simple majority of voters, although some states require a supermajority.

Commissions are another method of proposing constitutional amendments, although Florida is the only state where commissions can place amendments directly on the ballot. Two separate commissions in Florida meet every 20 years to propose amendments, with one focused specifically on tax and budget items.

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