Malcolm Rivera
A constitutional amendment is a modification of a constitution that alters the frame of government. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. The process of amending a constitution varies across jurisdictions. For instance, in the United States, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. The Supreme Court cannot overturn an amendment but can interpret it and declare it unconstitutional if it restricts citizens' rights. The chances of a constitutional amendment being repealed are slim, and the process is challenging and time-consuming.
| Characteristics | Values |
|---|---|
| How difficult is it to overturn a constitutional amendment? | Very difficult and time-consuming. |
| How many times has the United States Constitution been amended? | 27 times since 1787. |
| Who can amend the United States Constitution? | Congress and the states can amend the constitution. |
| Can the Supreme Court overturn a constitutional amendment? | No, the Supreme Court cannot overturn a constitutional amendment. |
| What is the process of amending the United States Constitution? | A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. Alternatively, two-thirds of state legislatures can request a Constitutional Convention. |
| Can a constitutional amendment be vetoed? | No, the President cannot veto a proposed amendment. |
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What You'll Learn
The Supreme Court cannot overturn an amendment
The Supreme Court is not authorised to overturn a constitutional amendment. The role of the Supreme Court is to interpret the Constitution and ensure that the laws are in compliance with it. The Supreme Court cannot overwrite the Constitution. The only way for an amendment to be overturned is if it contradicts another law or the Constitution itself.
The process of amending the Constitution is intentionally challenging and time-consuming. It requires a proposal by two-thirds of both houses of Congress, followed by ratification by three-quarters of the state legislatures. This ensures that any changes to the Constitution are thoroughly considered and widely supported.
The Constitution was designed to endure, and as such, the process of amending it is rigorous. Since its drafting in 1787, there have only been 27 amendments, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1789. The most recent amendment, the 27th Amendment, was added in 1992, illustrating the lengthy process and rarity of successful amendments.
The Supreme Court's role is to interpret and ensure compliance with the Constitution, not to make changes to it. While the Court can override laws if they contradict existing laws or the Constitution, they cannot unilaterally overturn an amendment. Any changes to the Constitution must go through the established amendment process, which involves Congress and the states.
The Supreme Court's role in the amendment process is limited to interpreting the Constitution and ensuring that the amendment process is followed correctly. They do not have the authority to block or overturn an amendment that has been validly enacted through the established process.
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Amendments are modifications of the constitution
The process of amending a constitution is a challenging and time-consuming endeavour. Amendments are modifications of the constitution, which can be achieved through two primary methods. The first method involves directly altering the text of the constitution by interweaving amendments into the relevant sections. This approach ensures that the existing document is changed to incorporate the new provisions.
The second method is to append the amendments as supplemental additions, or codicils, to the constitution. This way, the frame of government is adjusted without altering the original text of the constitution. This method allows for changes to be made while preserving the foundational document.
The process of amending the United States Constitution, for example, is deliberately challenging. Since its drafting in 1787, it has only been amended 27 times, including the first ten amendments, known as the Bill of Rights, which were ratified in 1789. To propose an amendment, two-thirds of both houses of Congress must approve it, and then three-quarters of state legislatures must ratify it. This process ensures that any changes to the constitution reflect a broad consensus and have a significant impact on the nation and its citizens.
Other countries have different procedures for amending their constitutions. For instance, in Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. However, they also require approval through a referendum, demonstrating the importance of public consensus in constitutional changes.
While the process of amending a constitution is rigorous and rarely overturned, it is not impossible. The 21st Amendment to the US Constitution, which repealed the broad prohibition on alcohol, is an example of an amendment being overturned. It is important to note that the process of amending a constitution is intended to be challenging to ensure stability and longevity in the nation's governing document.
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Amendments can be appended to the constitution without altering text
The process of amending a constitution is a difficult and time-consuming task. In the United States, for instance, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of the state legislatures. The Constitution's Article V outlines this process, which has only been amended 27 times since it was drafted in 1787.
Amendments can take two main forms. They can be interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document. This latter method of appending amendments is exemplified by the following:
In South Africa, the constitution can be amended by an Act of Parliament, but special procedures and requirements apply to the passage of constitutional amendments. A constitutional amendment bill must be introduced in the National Assembly and cannot contain any provisions unrelated to constitutional matters. Before being introduced, the bill must be published for public comment, submitted to the provincial legislatures, and, if necessary, to the National Council of Provinces (NCOP) for debate. Amendments affecting the NCOP or provincial matters must be passed by the NCOP with a supermajority of at least six out of nine provinces. If an amendment specifically concerns a province, it must also be approved by that province's legislature.
Another example is provided by the 21st Amendment to the US Constitution, which repealed the broad prohibition on alcohol and gave states the authority to define alcohol laws within their borders.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. However, they cannot become law until approved in a referendum. This differs from the US, where a proposed amendment originates as a special joint resolution of Congress that the President cannot veto.
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Amendments require a special procedure
The process of amending a constitution is deliberately made difficult and time-consuming. Changing the actual words of the Constitution or repealing an amendment requires a special procedure. In the United States, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of the state legislatures. This process is initiated by Congress or by two-thirds of the state legislatures calling for a constitutional convention.
In South Africa, a bill amending the Constitution must be introduced in the National Assembly and cannot contain any provisions other than constitutional amendments and directly related matters. At least 30 days before a constitutional amendment bill is introduced in the National Assembly, the person or committee introducing the amendment must publish it for public comment, submit it to the provincial legislatures, and, if it does not need to be passed by the National Council of Provinces (NCOP), submit it to the NCOP for debate. Amendments of the Bill of Rights and amendments affecting the role of the NCOP, the "boundaries, powers, functions or institutions" of the provinces or provisions "dealing specifically with provincial matters" must be passed by the NCOP with a supermajority of at least six out of nine provinces. If an amendment affects a specific province, it must be approved by that province's legislature. Once an Act is passed by the National Assembly and, if necessary, the NCOP, it must be signed and assented to by the President.
In Ireland and Australia, amendments are drafted in the form of Acts of Parliament but cannot become law until they have been approved in a referendum. In Estonia, amendments originate as bills and become laws in the form of acts of parliament. In Ethiopia, the Constitution 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.
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The US Constitution has been amended 27 times
The last time an amendment proposal gained the necessary two-thirds support in both the House and the Senate was in 1978, for the District of Columbia Voting Rights Amendment, which ultimately failed to be ratified by the required number of states. Since then, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress.
Despite the high volume of proposals, the Constitution has only been amended 27 times, indicating the rarity of an amendment gaining sufficient support. The most recent amendment added to the Constitution was the 27th Amendment in 1992, which prevented Congress from changing its own compensation during a term in progress. This amendment was first proposed in 1789 but was not ratified until over two hundred years later.
While the process of amending the Constitution is challenging, it is not impossible. The 27 amendments that have been successfully ratified demonstrate that significant changes can be made when there is sufficient support and consensus. However, the high bar for ratification ensures that any amendments reflect a broad consensus across the country and are not simply the result of transient political shifts or the interests of a particular group.
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Frequently asked questions
The Supreme Court cannot overturn a constitutional amendment. Their purpose is to interpret the Constitution. However, they can override laws if they contradict another existing law or the Constitution itself.
A constitutional amendment can be changed by a special procedure that is more stringent than the process for passing ordinary legislation. For example, in the United States, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of the state legislatures.
The process of amending a constitution is very difficult and time-consuming. The United States Constitution, for example, has only been amended 27 times since it was drafted in 1787.
