Omar Bennett
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. In most jurisdictions, amendments take the form of revisions to the previous text, which may involve deleting portions of the original text or inserting new articles among existing ones. A less common method is to append amendments to the end of the main text, leaving the original text intact. Amendments are typically enacted through a special procedure that is more stringent than the process for passing ordinary legislation, such as supermajorities in the legislature or direct approval by the electorate in a referendum. The U.S. Constitution, for example, requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment, followed by ratification by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity |
| Text alteration | Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils) without altering the existing text |
| Procedure | Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation, e.g. supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of procedures |
| Jurisdictional differences | In some jurisdictions, constitutional amendments originate as bills and become laws in the form of acts of parliament; in others, they originate as special joint resolutions |
| Historical examples | There have been 27 amendments to the US Constitution since 1791; the former constitution of the US state of Alabama was amended 977 times between 1901 and 2022; the US 14th Amendment granted only "males" the right to vote; the German Weimar Constitution of 1919 allowed laws reaching supermajorities in parliament to deviate from the constitution without becoming part of it |
| Recent examples | California voters will decide on Proposition 50, a constitutional amendment to allow for a new congressional district map, in a November special election |
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What You'll Learn
Amendments as revisions to previous text
Amendments to a constitution are typically revisions to the previous text. Once an amendment is passed, parts of the original text may be deleted or new articles may be inserted among existing ones. This process directly alters the text of the constitution.
However, amendments can also be appended to the constitution as supplemental additions (codicils). This method leaves the original text intact but changes the frame of government. This form of amendment is most famously associated with the United States Constitution but is also used in other jurisdictions such as Venezuela.
In some jurisdictions, such as Ireland, Estonia, and Australia, amendments originate as bills and become law in the form of acts of parliament. In Ireland and Australia, these amendments must then be approved in a referendum before becoming law. In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the president's signature or approval.
The process of amending a constitution varies across jurisdictions. For example, the Constitution of Ethiopia 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. In contrast, the former constitution of the US state of Alabama was amended 977 times between 1901 and 2022.
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Supplemental additions
A constitutional amendment can be appended to the constitution as a supplemental addition (codicil). This method of amending the constitution is less common than directly altering the text of the existing document. Supplemental additions change the frame of government without altering the existing text of the document. They are appended to the end of the main text in the form of special articles of amendment.
The use of appended articles of amendment is most famously a feature of the United States Constitution, but it is also the method of amendment in several other jurisdictions, such as Venezuela. In the US, amendments are proposed as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become law in the form of acts of parliament. However, they cannot become law until they have been approved in a referendum. This is also the case in Switzerland.
Proposition 50 in California is an example of a ballot measure that would amend the state constitution. It would add language to the California Constitution expressing support for the use of fair, independent, and nonpartisan redistricting commissions nationwide. It would also require the use of such commissions in California.
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Special procedures
The process of amending the US Constitution is outlined in Article Five and involves several steps and special procedures. Here is a detailed look at the special procedures involved:
Proposal by Congress
The first step in the amendment process is for a proposal to be made and agreed upon by Congress. There are two methods by which an amendment can be proposed:
- Proposal by Congress: The usual method is for a proposed amendment to be introduced and agreed upon by a two-thirds majority vote in both the House of Representatives and the Senate. This is the method that has been used for all amendments so far. A simple majority in both houses can also discharge the committee on a proposed amendment and consider it at full strength.
- Proposal by Constitutional Convention: The alternative method, which has never been used, is for Congress, upon application by two-thirds of the state legislatures (currently 34 states), to call a national constitutional convention. If this method were used, the convention would propose amendments, which would still need to be ratified by three-quarters of the states.
State Ratification
Once an amendment has been proposed by Congress, it must then be ratified by three-quarters of the states (currently 38 states) to become part of the Constitution. There are three methods by which ratification can occur:
- State Legislatures: The most common method of ratification is through approval by state legislatures. This method has been used for all but one of the amendments so far. In this process, the proposed amendment is sent to the state legislatures, and once three-quarters of the states have approved it, it becomes part of the Constitution.
- State Ratifying Conventions: This method has only been used once, for the ratification of the Twenty-first Amendment, which ended Prohibition. Special ratifying conventions were held in the states, and the amendment was ratified when three-quarters of the conventions approved it.
- State Ratification Events: Some amendments have included a deadline by which the ratification process must be completed. If an amendment is not ratified within the specified time frame, it is considered failed and must be proposed again if it is to be considered further.
Amendment Becoming Law
Once an amendment is ratified, it becomes part of the Constitution. The Archivist of the United States, an official in the National Archives and Records Administration, then certifies the amendment and sends copies to the states. The amendment then has the same force of law as any other provision in the Constitution.
Amendment Process
It is important to note that the amendment process is a lengthy and deliberate procedure. It was designed to be difficult to amend the Constitution to ensure that any changes have broad support and are carefully considered. The process also ensures that the states have a significant role in amending the document that defines their relationship with the federal government.
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Differences in drafting and recording
There are several differences in the drafting and recording of constitutional amendments across various jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments are initially drafted as bills and enacted as Acts of Parliament. However, even in these countries, a special procedure is often required to bring an amendment into force. For instance, in Ireland and Australia, amendments must be approved in a referendum before becoming law. On the other hand, in the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or approval.
The manner in which constitutional amendments are recorded typically takes two main forms. The most common method is to revise the previous text of the constitution, deleting portions of the original text or inserting new articles among existing ones. This approach directly alters the wording of the constitution. The second method, which is less common, involves appending amendments to the end of the main text as special articles of amendment, leaving the original text unchanged. This method is famously associated with the United States Constitution but is also employed in other jurisdictions like Venezuela.
While most constitutions require amendments to be enacted through special procedures, there is variation in the stringency of these procedures across jurisdictions. Some countries, like Ireland, only require a simple majority of voters to pass an amendment. In contrast, countries like Australia and Switzerland have more complex criteria, requiring a majority of voters in a majority of states. In certain cases, the special procedures may be so stringent that few or no amendments have been passed over several decades, as seen in Australia and Japan, respectively.
The process of drafting and recording constitutional amendments can also be influenced by historical and political factors. For example, the 1949 constitution of Germany explicitly ruled out a very wide conception of "amendment" that was present in the 1919 Weimar Constitution, which allowed laws reaching the necessary supermajorities in parliament to deviate from the constitution without becoming part of it. This change was made to prevent a repeat of the circumstances that enabled the rise of Adolf Hitler.
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Examples of amendments
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, 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.
United States of America
The US Constitution has been amended twenty-seven times since it was ratified in 1788. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified on December 15, 1791. These amendments are pillars of American law, guaranteeing various civil rights and liberties. For example, the First Amendment protects freedom of religion, speech, and the press, among other things.
Other notable amendments include the Twenty-Third Amendment, which gave residents of Washington, D.C., the right to vote in presidential elections; the Twenty-Fourth Amendment, which removed obstacles to voting by abolishing fees at the voting booth; and the Twenty-Sixth Amendment, which lowered the voting age to 18. The most recent amendment, the Twenty-Seventh Amendment, was proposed in 1789 but not ratified until 1992. It requires that any changes in pay for members of Congress cannot take effect until after an election.
Australia
Australia has a complex amendment procedure. Amendments must first be passed by the legislature and then submitted to the people. A majority of voters in a majority of states is required for an amendment to be approved. As a result of these stringent criteria, only eight out of 44 proposed amendments have been passed over several decades.
Ireland
Similar to Australia, Ireland requires that amendments are first passed by the legislature. However, Ireland only requires a simple majority of those voting at the electorate for an amendment to be approved.
Switzerland
Switzerland has a procedure similar to Australia, requiring a majority of voters in a majority of cantons (states) to approve an amendment.
Bulgaria
Bulgaria has a special amendment procedure (Articles 157-163) that is the only way to revise international borders, change the form of government, or suspend citizens' rights. Amendments are passed by a two-thirds majority in three successive readings of the Great National Assembly, which consists of 400 deputies.
Czech Republic
In the Czech Republic, passage of a constitutional act requires the agreement of three-fifths of all deputies and senators present at the time the proposed act is laid before each house of Parliament. It is the only type of legislation that does not require the signature of the President to become law.
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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 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. Most constitutions require special procedures for amendments, such as supermajorities in the legislature or direct approval by the electorate in a referendum.
In countries like Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, followed by approval in a referendum. The United States, on the other hand, uses a special joint resolution of Congress that doesn't require the President's signature or veto power.
The first method is to revise the previous text by deleting portions of the original text or inserting new articles among existing ones. The second method is to append special articles of amendment to the end of the main text, leaving the original text intact.
Yes, the United States Constitution has had 27 amendments, including the Bill of Rights, which were the first 10 amendments ratified in 1791. Another example is Proposition 50 in California, which aimed to introduce a new congressional district map and promote fair, independent, and nonpartisan redistricting commissions.
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