Amendments: Constitutional Law Or Legal Suggestions?

Amendments to a constitution are revisions to the previous text. They are considered to be above the law, and no law can be made that contradicts the Constitution. Amendments are often subject to different procedures than laws, such as requiring ratification by the states. In the United States, there have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The process of amending a constitution varies across jurisdictions, with some countries requiring a referendum for amendments to come into force.

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Amendments are above laws in the hierarchy

The US Constitution is composed of a preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights. Amendments to the Constitution are a level above laws in the hierarchy. They change and amend the Constitution and can only be overturned by another Amendment. This means that laws passed must be compatible with the existing amendments. For example, you couldn't make a law that says "You can have slaves" because the 13th Amendment to the Constitution prohibits slavery.

The process of amending the Constitution is a lengthy one. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. Once an amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.

In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament or referendums. In the United States, however, a proposed amendment originates as a joint resolution of Congress that does not require the President's signature or approval.

Amendments are often restricted during states of emergency or martial law to prevent the abuse of power, as seen in Hitler's use of constitutional law to abolish the constitution.

Amendments require ratification by states

The Constitution of the United States is the basis of the governmental system. Amendments to the Constitution are above the laws and change the Constitution itself. They cannot be overturned except by another Amendment. The Constitution provides that 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. Congress decides which method the states must follow for a proposed amendment to become effective.

The Archivist of the United States, who heads the National Archives and Records Administration (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 the relevant information. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.

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 examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in 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.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The 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.

Laws can't contradict the Constitution

The US Constitution is the supreme law of the United States, and any laws that contradict it are invalid. The Constitution forms the basis of the US governmental system, and laws must be compatible with its existing amendments. Amendments to the Constitution are above laws in the hierarchy and can only be overturned by another Amendment.

The Supreme Court's role is to decide which laws fit with the Constitution and which do not. In the case of Marbury v. Madison in 1803, the Supreme Court established the right of the courts to determine the constitutionality of the actions of the other two branches of government. Chief Justice John Marshall established the principle of judicial review, adding to the system of checks and balances to prevent any branch of the Federal Government from becoming too powerful.

The Supreme Court's power to invalidate federal and state laws that contradict the Constitution has never been seriously challenged. For example, in Marbury v. Madison, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President. In another case, a Maryland law that charged non-residents a higher rate for a trader's license than residents was found to violate the Privileges and Immunities Clause of Art. IV, § 2. Similarly, a Kansas law imposing certain requirements on foreign corporations engaged in interstate commerce was found to be unconstitutional.

Therefore, laws cannot contradict the Constitution, and the Supreme Court plays a crucial role in ensuring that the laws passed are compatible with the Constitution.

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Amendments can be forbidden in emergencies

Amendments to the US Constitution are considered to be above laws in the hierarchy of rules. They change and amend the Constitution and can only be overturned by another Amendment. Laws must be compatible with the existing Amendments, and the Supreme Court decides which laws fit with the Constitution.

In the US, the President is granted enhanced powers during emergencies. The Brennan Center has identified 137 statutory powers that may become available to the President when declaring a national emergency, with an additional 13 powers becoming available when Congress declares a national emergency. These powers include the ability to deploy the National Guard to American cities, as seen during protests and crime emergencies, and to ask the Supreme Court for emergency rulings on legal challenges.

The President can also suspend the operation of statutes during a national emergency, such as suspending distribution in grade requirements on the Navy, and waiving procedural and substantive limitations to protect and expand the domestic industrial base capabilities essential for national defense.

While the President's powers during emergencies can be significant, there are preconditions set by legislators that must be met for their invocation, such as an invasion, rebellion, or national security threat. However, the President has a degree of latitude in defining these preconditions.

In summary, while Amendments to the Constitution are considered above laws and cannot be easily changed, the President does have the authority to take extraordinary actions during emergencies, which can include suspending or bypassing certain laws and regulations.

Amendments can be appended to the Constitution

The process of amending the Constitution varies across jurisdictions. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. This means that once an amendment has become law, parts of the original text may be deleted or new articles may be inserted among existing ones.

However, in some jurisdictions, amendments are appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. This means that in the event of a conflict, an article of amendment will usually take precedence over the provisions of the original text or an earlier amendment.

For example, in Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, despite going through this process, they cannot become law until they have been approved in a referendum.

In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed. Amendments to the Constitution are considered a level above laws as they actually change and amend the Constitution. They cannot be overturned except by another Amendment. Amendments have to pass by Congress and get ratified by three-fourths of the States (38 out of 50 States).

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