Malcolm Rivera
A constitutional amendment is a modification of the constitution of a political or organizational entity. Amendments can be integrated into existing sections of a constitution, directly altering the text, or appended as supplemental additions. Most constitutions require amendments to be enacted through a special procedure, such as supermajorities in the legislature or direct approval by the electorate in a referendum. As of 2025, there have been 27 amendments to the Constitution of the United States, with 33 proposed since its inception in 1789. The process for amending the US Constitution is outlined in Article Five and involves a two-step process of proposal and ratification. The most recent amendment, the Twenty-seventh Amendment, aimed to reduce corruption in Congress by requiring an election before any increase in their salary takes effect.
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What You'll Learn
The process of constitutional amendments
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. The process of amending a constitution varies across jurisdictions. For example, in Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. However, they must also be approved through a referendum. In contrast, the United States Constitution outlines a two-step process for amending its constitution, originating from Article V of the Constitution. This involves proposing an amendment and achieving subsequent ratification.
The first step of proposing an amendment can be initiated in two ways. Firstly, the U.S. Congress can propose an amendment with a two-thirds majority vote in both the Senate and the House of Representatives. Alternatively, a national convention can be called by Congress upon the request of two-thirds of the state legislatures. This second option has never been used. Once proposed, the amendment is sent to the states for ratification.
The second step involves achieving ratification by three-quarters of the states (38 states). This can be done through the legislatures of three-quarters of the states or ratifying conventions in three-quarters of the states. This second method of ratification has only been used once in American history, in 1933, for the ratification of the Twenty-First Amendment.
Once an amendment is ratified by the required number of states, it becomes an operative part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist notifies each state governor, who then submits the amendment to their state's legislature or ratifying convention. When the Office of the Federal Register (OFR) verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
Amending a constitution is a challenging and time-consuming process, as it should be a significant change affecting a large portion of citizens. For example, the Constitution of Ethiopia can only be modified by a two-thirds majority of its regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. Similarly, the South African Constitution requires that a bill proposing a constitutional amendment be introduced in the National Assembly at least 30 days in advance and be published for public comment and debate.
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The Bill of Rights
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 (codicils), 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.
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights.
The process of creating the Bill of Rights was not without opposition. James Madison, for instance, initially opposed the idea of a bill of rights, arguing that the state bills of rights offered only an illusion of protection against tyranny. He also believed that enumerating the rights of the people would be counterproductive as natural rights are too numerous to list. However, he eventually agreed to support adding a bill of rights and even served as its author.
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Amendments to the US Constitution
Amendments to a constitution are modifications to the constitution of a polity, organisation, or other types of entities. Amendments can be woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. Most constitutions require amendments to be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
The United States Constitution has had 27 amendments since it was put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments. Six amendments have been adopted by Congress but have not been ratified by the required number of states. Four of those amendments are still pending, one has failed by its own terms, and another has failed by the terms of the resolution proposing it.
The process of amending the US Constitution is detailed in Article Five of the Constitution and involves two steps: proposing and ratifying. An amendment can be proposed and sent to the states for ratification by the US Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, a national convention can be called by Congress on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) through their legislatures or state ratifying conventions. The Twenty-first Amendment, ratified in 1933, is the only amendment to repeal an earlier one—the Eighteenth Amendment, which established the prohibition of alcohol.
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Amendments to the South African Constitution
A constitutional amendment is a modification of the constitution of a country. Amendments are often interwoven 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 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.
The South African Constitution, formally titled the "Constitution of the Republic of South Africa, 1996", has been amended eighteen times since it came into effect on 4 February 1997. The process of amending the South African Constitution involves several steps and requires the fulfilment of certain conditions. Here are some key amendments to the South African Constitution:
The Constitution Second Amendment Act: This amendment came into force on 7 October 1998 and included five provisions. These provisions extended the term of office for municipal councils, extended deadlines in the transition to the post-apartheid system of local government, allowed for the designation of alternates to replace members of the Judicial Service Commission, empowered Parliament to assign additional functions to the Public Service Commission, and renamed the Human Rights Commission to the South African Human Rights Commission.
The Constitution Third Amendment Act: Implemented on 30 October 1998, this amendment enabled the establishment of municipalities across provincial boundaries through agreements between the national government and relevant provincial governments.
The Eighth and Ninth Amendments: These amendments, which came into force on 20 June 2002, allowed legislators to "cross the floor". This means resigning from their political party and joining or forming a new party without losing their elected position. The Eighth Amendment specifically applied to members of municipal councils, while an accompanying ordinary act, the Loss or Retention of Membership of National and Provincial Legislatures Act, addressed members of the National Assembly and provincial legislatures.
The Constitution Eighteenth Amendment Act: Signed on 19 July 2023, this amendment recognised South African Sign Language as an official language, in addition to the existing eleven official spoken languages.
It is important to note that the process of amending the South African Constitution involves specific procedures and requirements, including the introduction of bills in the National Assembly, public consultation, and approval by the relevant legislative bodies.
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Amendments to the German Weimar Constitution
An amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
The Weimar Constitution, officially known as the Constitution of the German Reich, was the constitution that governed Germany during the Weimar Republic era. It was signed on 11 August 1919 and came into effect on 14 August 1919. The Weimar Constitution was drafted after the end of World War I, during which the government of Imperial Germany collapsed. The constitution created a federal semi-presidential republic with a parliament whose lower house, the Reichstag, was elected by universal suffrage using proportional representation. The upper house, the Reichsrat, was appointed and represented the interests of the federal states.
The Weimar Constitution included a significant number of civic rights, such as freedom of speech, habeas corpus, and freedom of religion. It also guaranteed equality before the law for all Germans, regardless of gender or social status.
Regarding amendments to the Weimar Constitution, Article 76 of the constitution states that "the constitution may be amended by law, but acts amending the constitution can only take effect if two-thirds of the legal number of members are present and at least two-thirds of those present consent." This is an example of a special procedure that is often required for enacting constitutional amendments, which is more stringent than the process for passing ordinary legislation.
In 1928, anti-democratic constitutional lawyers Carl Schmitt and Carl Bilfinger introduced the notion of constitutional identity to justify implicit limits on amendments to the Weimar Constitution. Their theories argued that a legally relevant constituent power only existed if the Weimar Constitution provided for a special body, such as a constitutional assembly, to carry out constitutional amendments. This was in contrast to the Constitution of the United States, which distinguishes between legislative and constituent power.
The Enabling Act, passed in 1933, formally met the requirements for a constitutional amendment under Article 76, but it did not explicitly amend the Weimar Constitution. Instead, it stated that the procedure for constitutional reform had been met, rendering the constitution's other provisions null. This act ultimately contributed to the rise of Nazi Germany and the consolidation of Hitler's power.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution or appended as supplemental additions.
There have been 27 amendments to the Constitution of the United States. The first ten amendments were adopted and ratified simultaneously and are known as the Bill of Rights.
Article Five of the United States Constitution outlines a two-step process for amending the nation's plan of government. Amendments must be properly proposed and ratified before becoming operative. An amendment may be proposed and sent to the states for ratification by the U.S. Congress or a national convention called by Congress. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The Twenty-seventh Amendment to the United States Constitution states that any law that increases or decreases the salary of members of Congress may only take effect after the next election of the House of Representatives.
Yes, there are formal differences in the manner in which constitutional amendments are drafted and enacted as laws across different jurisdictions. For example, in Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, subject to approval in a referendum. In contrast, in the United States, a proposed amendment originates as a special joint resolution of Congress.
