Isabella Carter
The process of amending a constitution is a significant aspect of democratic governance. While the specific procedures may vary across jurisdictions, the overarching goal is to ensure that constitutional changes are neither too easy nor impossible to achieve. Amendments typically involve special requirements such as supermajority passage by parliament, adoption by a majority of states or provinces in federal systems, or public approval. Some countries may also allow for citizen-initiated proposals, while others restrict the right of initiative to parliament or individual MPs. The assessment of the amendment process involves evaluating the strengths and weaknesses of the procedures in place, including public consultation and established good practices. The ultimate goal is to protect the democratic system, minority rights, and other fundamental principles enshrined in the constitution.
| Characteristics | Values |
|---|---|
| Difficulty of amendment | Should be difficult but not impossible to amend |
| Right to propose amendments | MPs, groups of MPs, or citizens |
| Range of mechanisms | Multiple mechanisms should be available |
| Approval | Requires approval by parliament, ideally by supermajority |
| Public consultation | Evidence of public consultation on proposals |
| Federal systems | Adoption by a majority of states or provinces in federal systems |
| Public approval | Requires public approval |
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What You'll Learn
- Proposing amendments: via constitutional convention, petition or act of parliament
- Approval: amendments require approval by parliament or a majority of states
- Public consultation: public input is considered during the amendment process
- Voting requirements: the right to vote on amendments
- Ballot access: amendments must be received by a deadline to be placed on the ballot
Proposing amendments: via constitutional convention, petition or act of parliament
A convention to propose amendments to a constitution, such as the United States Constitution, is one of the methods authorized by Article Five of the United States Constitution. This method is also referred to as an Article V Convention, a state convention, or an amendatory convention. To propose amendments via this method, two-thirds of the state legislatures (34 out of 50) must apply, and then Congress calls a convention for proposing amendments. Following this, the amendments only become law after ratification by three-fourths of the states (38 out of 50).
This method has never been used, although there have been two nearly successful attempts since the late 1960s. In 1949, six states—California, Connecticut, Florida, Maine, New Jersey, and North Carolina—applied for a convention to propose an amendment to enable the participation of the United States in a world federal government. In the 1970s, thirty states petitioned for a convention to write a balanced budget amendment, with applications reaching 32 by 1983, just two states short of the required 34.
The other method for proposing amendments is a two-thirds vote in both houses of Congress, which has been used 33 times, with 27 of these ratified by three-fourths of the states.
At the 1787 Constitutional Convention, eight state constitutions included an amendment mechanism. Amendment-making power rested with the legislature in three of these states, and in the other five, it was given to specially elected conventions. The Articles of Confederation provided that amendments were to be proposed by Congress and ratified by the unanimous vote of all thirteen state legislatures, which was a nearly insurmountable obstacle to constitutional reform.
While there have been calls for an Article V Convention based on a single issue, it is legally unclear whether a convention summoned in this way would be bound to limit discussion to that single issue.
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Approval: amendments require approval by parliament or a majority of states
The process of amending a constitution is a significant aspect of democratic governance, requiring careful consideration and approval by designated authorities. Amendments to a constitution typically involve special requirements, such as approval by parliament or the adoption by a majority of states or provinces in federal systems. This process ensures that any changes made to the fundamental framework of a country's governance are duly authorised and reflect the will of the people.
In the context of approval by parliament, also known as the legislative body, there are varying requirements across different jurisdictions. In some countries, a supermajority vote in parliament is necessary, which means that the amendment must be supported by a significant proportion of legislators, often more than a simple majority. This process is designed to protect the constitution from being amended too easily, thereby safeguarding the democratic system and the rights of minorities.
The specific procedures for achieving parliamentary approval can vary. In some cases, the right of initiative rests solely with parliament, where individual members of parliament (MPs) or groups of MPs can propose amendments. Other mechanisms, such as citizen-initiated proposals, may also be permitted to ensure a broader range of avenues for initiating change. For example, in the Czech Republic, a constitutional act can only be passed through the agreement of three-fifths of all Deputies and Senators present during the proposal's submission in each house of Parliament.
When it comes to approval by a majority of states or provinces, the process can differ depending on the country's federal system. In the United States, for instance, an amendment proposed by Congress requires ratification by three-fourths of the states (38 out of 50) to become part of the Constitution. On the other hand, in Australia, a bill to amend the Constitution must be passed by both houses of the Parliament with an absolute majority. If one house refuses to pass the bill, it can be submitted for a referendum, where public approval plays a crucial role in the amendment process.
It is worth noting that the processes for amending constitutions vary across different countries and jurisdictions. Some nations may have additional requirements or unique procedures in place to safeguard the integrity of their democratic systems and protect the rights of their citizens. Overall, the approval process for constitutional amendments is a critical aspect of maintaining a stable and responsive governance framework that adapts to the changing needs of society while preserving fundamental principles.
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Public consultation: public input is considered during the amendment process
Public consultation is a critical aspect of the constitutional amendment process, ensuring that the voices and perspectives of citizens are considered. This process involves actively seeking input from individuals and organised groups on the proposed constitutional changes. It is a participatory process that fosters engagement and enables citizens to understand the decisions reflected in the amended constitution.
During public consultation, the constitution-making body (CMB) communicates its activities and engages in civic education to inform citizens about the constitution and the subsequent consultation process. This includes providing information on who will be consulted, when, and where. Various materials, such as flyers, questionnaires, and educational content, are used to make the process accessible and encourage participation.
Public input is collected through various mechanisms, including public forums, meetings, and the submission of comments on the draft constitution. This input is then carefully considered and analysed by the CMB, which may include delegates nominated or elected to represent different constituencies. The input received is organised into thematic areas to facilitate a structured analysis and ensure that all perspectives are given due consideration.
The public consultation process also involves providing feedback to citizens. This includes sharing the outcomes of the consultations and explaining how their input has influenced the decision-making process. By promoting transparency and accountability, the CMB ensures that citizens understand how their contributions have shaped the final amendments.
Overall, public consultation during the amendment process strengthens the democratic nature of the constitution by empowering citizens to have a direct impact on the laws that govern them. It allows for a diverse range of perspectives to be considered, helping to create a constitution that reflects the values and needs of the people it represents.
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Voting requirements: the right to vote on amendments
Voting requirements and the right to vote have been central issues in the history of constitutional amendments. In the early days of the United States, voter eligibility was often restricted to white male property owners, with certain exceptions in some states and cities. The 15th Amendment, ratified in 1870, was a significant step towards racial equality in voting rights, granting all male citizens the right to vote regardless of their race or previous slave status. However, it did not extend the right to vote to women.
The question of voting rights for women was addressed by the 19th Amendment, ratified in 1920, which guaranteed women's suffrage. The 24th Amendment, ratified in 1964, further expanded voting rights by eliminating poll taxes. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group, requiring certain places to provide election materials in languages other than English.
Despite these advancements, barriers to voting have persisted. Some states have implemented literacy tests and other obstacles, and the Supreme Court's interpretation of the 15th Amendment was relatively narrow, leading to the rise of "Jim Crow" laws in the South that undermined the voting rights of African Americans. The 26th Amendment, which lowered the minimum voting age from 21 to 18, was ratified in 1971, expanding voting rights to younger citizens.
Today, federal laws and constitutional amendments continue to protect and expand voting rights. The Help America Vote Act (HAVA) of 2002 authorised federal funding for elections and established the U.S. Election Assistance Commission (EAC) to help states comply with HAVA's minimum standards for voter education, registration, and ballots. Most states require voters to present some form of identification, and federal laws aim to protect against discrimination in voting and make it easier for citizens to exercise their right to vote.
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Ballot access: amendments must be received by a deadline to be placed on the ballot
Ballot access laws determine whether and how a candidate or party can appear on an election ballot. In the United States, ballot access laws vary from state to state, with each state designing its own unique criteria. These laws outline the requirements that candidates, political parties, or ballot measures must meet to be placed on the ballot.
For example, in California, candidates for governor must publicly release their personal tax returns for the previous five years to be listed on the primary election ballot. In Colorado, candidates can be placed on the ballot through political party assemblies or by collecting the required number of valid signatures. In Illinois, candidates must collect an adequate number of voters' signatures on nominating petitions, with lower signature requirements for Established Parties compared to New Parties or Independent Candidates.
The deadline for filing petitions and other required paperwork is typically between four and five months before the election. However, this deadline can vary, and in Illinois, petitions cannot be circulated more than 90 days before the filing deadline. Additionally, no amendments can be made to political party rules less than 120 days before a general election, and any amendments must be filed in the same manner as the original rules and regulations.
The Supreme Court of the United States has also played a role in shaping ballot access laws. In the 1974 case of Lubin v. Panish, the Court held that states cannot require indigent candidates to pay filing fees they cannot afford, as this violates the Equal Protection Clause of the Fourteenth Amendment. Similarly, in Anderson v. Celebrezze in 1983, the Court ruled that Ohio's early filing deadline for independent presidential candidates violated the First and Fourteenth Amendments. These cases highlight the importance of ensuring that ballot access laws do not place an undue burden on candidates' rights and supporters' voting and associational rights.
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Frequently asked questions
The process for making constitutional amendments varies across jurisdictions. Amendments are distinct cases of law-making that usually involve special or additional requirements, such as passage by a supermajority of parliament, adoption by a majority of states or provinces in federal systems, and/or public approval.
The right to propose constitutional amendments is significant. In some jurisdictions, the right of initiative rests solely with parliament and individual or groups of MPs. In others, different mechanisms are also permitted, such as citizen-initiated proposals and popular initiative petitions signed by a certain percentage of registered voters.
In the case of the Federated States of Micronesia, a proposed constitutional amendment must be received by the President no later than 45 consecutive days before the date of the general election.
A constitutional convention is a standard and preferred amendment mechanism where, upon application of the legislatures of three-fourths of the states, the Congress shall enact a law authorizing a convention for the purpose of proposing a specific amendment or amendments to the Constitution.
