Malcolm Rivera
A constitutional amendment is a change or addition to a country's constitution. The process of amending a constitution varies across jurisdictions. For example, in India, a bill for a constitutional amendment can be introduced in either house of parliament and must be passed by a special majority in each house separately. In contrast, the United States Constitution has a different process, with amendments originating as special joint resolutions of Congress. Amendments can become pillars of law, such as the Twenty-Sixth Amendment in the US, which lowered the voting age to 18.
| Characteristics | Values |
|---|---|
| Amendments as bills | In some jurisdictions, like Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. |
| Amendments without executive approval | In the US, a proposed amendment does not require the President's signature and cannot be vetoed. |
| Amendments by referendum | In Ireland and Australia, amendments are drafted as Acts of Parliament but cannot become law until approved in a referendum. In Tennessee, proposed amendments must be approved by a majority of voters in a referendum. |
| Amendments by supermajority | 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. |
| Amendments by simple majority | In Indonesia, a proposal to amend the constitution must be submitted by one-third of the members of the People's Consultative Assembly, and a simple majority of members must be present for a vote. |
| Amendments by special majority | In India, a bill for a constitutional amendment must be passed in each House by a special majority (50% of total membership + two-thirds of members present and voting). |
| Amendments by special majority and state ratification | In India, if a bill seeks to amend federal provisions of the constitution, it must be ratified by the legislatures of half of the states by a simple majority. |
| Amendments by legislative convention | In Australia and Switzerland, amendments must be passed by the legislature before being submitted to the people. In Alabama, the former constitution was amended 977 times between 1901 and 2022. |
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What You'll Learn
Amendments as bills
In some countries, constitutional amendments originate as bills and become laws in the form of acts of parliament. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but cannot become law until they are 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.
In India, a bill for the amendment of the Constitution can be introduced in either house of Parliament, by a minister or a private member, and does not require the prior permission of the President. The bill must be passed in each House by a Special Majority, meaning more than 50% of the total membership of the House and a two-thirds majority of the members of the House present and voting. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a Simple Majority. After being passed by both Houses of Parliament and ratified by the State Legislatures, the bill is presented to the President for their assent. The President's assent is required for the bill to become an Act (a Constitutional Amendment Act), and the Constitution is amended according to the changes made by the Act.
In Tennessee, there are two methods for proposing amendments to the State Constitution: through the legislature and by constitutional convention. For the legislative method, the Tennessee General Assembly passes a resolution calling for an amendment, which must be passed in three separate readings on three separate days, with an absolute majority on all readings. The proposed amendment must then be published at least six months before the next legislative election in newspapers of wide circulation. After the election, the proposed amendment must go through the same procedure and is then put on the ballot as a referendum in the next gubernatorial election.
Constitutional amendments are designed to ensure that the Constitution remains a living document capable of adapting to changing circumstances while upholding its fundamental principles and values. Amendments may add to, vary, or repeal provisions of the Constitution. For example, the Twenty-Second Amendment to the U.S. Constitution, passed in 1947 and ratified in 1951, limited presidents to two terms in office. Some amendments become pillars of American law, while others are repealed or become inconsequential over time.
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Amendments without presidential approval
In the United States, a proposed constitutional amendment does not require presidential approval or signature. Instead, it originates as a special joint resolution of Congress, which is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. This is in contrast to federal legislation, which must be presented to the president for signature or veto before becoming law, according to Article I Section 7. The Supreme Court affirmed in Hollingsworth v. Virginia (1798) that constitutional amendments do not require presidential approval or veto.
The process of amending a state constitution varies from state to state in the US. For example, in Tennessee, there are two methods for proposing amendments to the state constitution: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum. The legislative method involves the Tennessee General Assembly passing a resolution with the proposed amendment's wording, which must pass in three separate readings on three separate days with an absolute majority. This process does not require the governor's approval.
In other countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In some cases, a special procedure may be required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved in a referendum before becoming law.
The authority to amend the US Constitution is derived from Article V of the Constitution, which provides two methods for proposing amendments: through a two-thirds majority vote in both houses of Congress or by a constitutional convention called for by two-thirds of the state legislatures. Of the 33 amendments submitted to the states for ratification, only one, the Twenty-first Amendment, has been ratified by a state convention. Once an amendment is proposed, it is submitted to the states for their consideration, and three-fourths of the states must ratify it for it to become valid as part of the Constitution.
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Amendments by referendum
Legislative Initiation
In most cases, the legislative body initiates the amendment process by proposing a resolution with specific wording. For instance, the Tennessee General Assembly passes resolutions for amendments, which must be approved in three separate readings on three separate days with an absolute majority.
Publication and Awareness
Before an amendment is put to a vote, it is essential to ensure that citizens are informed about the proposed changes. In Tennessee, for example, the proposed amendment must be published at least six months before the next legislative election in widely circulated newspapers. This step is not legally required but is done by precedent.
Voter Approval
The core of the "Amendments by referendum" process lies in obtaining voter approval. In most cases, a simple majority of voters is required to approve the amendment. However, some jurisdictions, like Texas, require an absolute supermajority of two-thirds of voters to approve changes to the constitution.
Special Procedures
Some jurisdictions, like Ireland, Estonia, and Australia, require amendments to go through special procedures. In these places, amendments take the form of Acts of Parliament, necessitating legislative approval before being submitted to the electorate.
Frequency of Amendments
The frequency of amendments through referendums varies significantly across different jurisdictions. For example, Alabama's constitution was amended 977 times between 1901 and 2022, while Australia has only passed eight amendments out of 44 proposed.
In summary, "Amendments by referendum" provide a direct avenue for citizens to shape their constitutions. While the specific steps and requirements differ, the common thread is the involvement of the electorate in approving or rejecting changes to the fundamental laws that govern them.
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Amendments to uphold fundamental principles
A constitutional amendment is a change or addition to a country's constitution, the document that outlines the fundamental principles of the state. Amendments are often proposed to uphold fundamental principles by protecting civil rights and liberties, ensuring the rule of law, and maintaining the independence of the judiciary.
The process of amending a constitution varies across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, subject to special procedures and approval in a referendum. In the United States, amendments are proposed through a joint resolution of Congress, which does not require the President's signature or approval.
The Indian constitution, for example, has been amended several times to uphold the basic structure outlined in the Kesavananda Bharati Case, which includes principles such as the supremacy of the Constitution, the rule of law, independence of the judiciary, separation of powers, federalism, secularism, and democratic values.
The United States Constitution's first ten amendments, known as the Bill of Rights, are a prime example of amendments that uphold fundamental principles. These amendments guarantee civil rights and liberties, such as freedom of speech, freedom of religion, the right to bear arms, protection from unreasonable searches and seizures, and due process of law.
Additionally, the Tennessee State Constitution offers an interesting case study. It allows for two methods of proposing amendments: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum, ensuring that any changes uphold the principles supported by the people of Tennessee.
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Amendments to address evolving political, social, and economic needs
A constitutional amendment is a change or addition to a country's constitution, which is the supreme law of the land. Amendments are made to address evolving political, social, and economic needs, ensuring the constitution remains dynamic, relevant, and responsive to changing circumstances. This process of amending the constitution helps to uphold its fundamental principles and values.
The process of amending a constitution varies across different jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. However, they may require approval through a referendum. In the United States, a proposed amendment originates as a special joint resolution of Congress, which the President cannot veto. Amendments can also be made through constitutional conventions, as seen in Tennessee, where proposed amendments must be approved by a majority of voters in a referendum.
The number of amendments to a constitution varies. For example, the former constitution of Alabama was amended 977 times between 1901 and 2022, while the Indian constitution has been amended 106 times since 1950. The U.S. Constitution has been amended 27 times since 1788, with amendments such as the Bill of Rights, the Twenty-Second Amendment limiting presidential terms, and the Twenty-Sixth Amendment lowering the voting age to 18.
The process of amending a constitution is often rigorous to protect its integrity. In India, amendments can be proposed by a minister or private member in either house of Parliament, but they must be passed by a Special Majority in each House separately. If federal provisions are amended, ratification by half of the state legislatures is required. The President's assent is then necessary for the bill to become a Constitutional Amendment Act. 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.
Constitutional amendments are essential to ensure that a constitution remains adaptable and relevant to the evolving needs of a country. While the process and frequency of amendments vary, they play a crucial role in shaping the legal and societal framework of a nation.
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Frequently asked questions
A constitutional amendment is a change or addition to a country's constitution.
The process of constitutional amendment varies across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In other cases, amendments may be proposed by a country's legislative body and then approved by a majority vote in a referendum.
The United States Constitution has been amended twenty-seven times since its ratification in 1788. Notable examples include the First Amendment, which protects freedom of religion, speech, and the press, and the Twenty-Sixth Amendment, which lowered the voting age to 18. The Indian Constitution has been amended 106 times since 1950 to address evolving political, social, and economic needs.
Yes, a constitutional amendment can be repealed or replaced by a new amendment. For example, several amendments to the US Constitution have been repealed or have become inconsequential over time.
