Amendments: Understanding Their Legal Status

An amendment is a section that is added to a law or rule to change it. It is a change made to a piece of writing, such as a motion or document. In some jurisdictions, 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 approved in a referendum. In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or veto power. The US Constitution has been amended 27 times since 1787, including the first ten amendments, known as the Bill of Rights, which were ratified in 1791. The amendment process is challenging and time-consuming, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures.

Explore related products

Federal Constitutional Law, Volume 5: The Fourteenth Amendment (Federal Constitutional Law Series)

$49.5 $52

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$105.57 $150

Constitutional Amendments: Making, Breaking, and Changing Constitutions

$92.7 $130

A Short & Happy Guide to Constitutional Law

$28 $28

The process of amending a law

Amending a law, or the process of amending a constitution, is a challenging and lengthy procedure. The United States Constitution, for instance, has only been amended 27 times since it was drafted in 1787. The process of amending a law typically involves proposing a change, which must then be approved by a certain majority, and then ratified or approved by a certain number of states or legislatures.

In the case of the US Constitution, amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of state legislatures, though this has never happened. Once proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states, and when ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.

The process of amending federal rules in the US also takes about three years. A proposed rule change is considered by an advisory committee and published for comment in a Preliminary Draft during the first year. In the second year, it is considered by the Standing Committee and the Judicial Conference, and in the third year, by the Supreme Court and Congress.

Amending a law or constitution is a deliberate and lengthy process to ensure that changes are well-considered and have a significant impact.

Amendments to the US Constitution

An amendment is a change or an addition to a law or a legal document. In the United States, the Constitution has been amended 27 times since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.

The process of amending the US Constitution is deliberately difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. This ensures that only significant changes affecting all Americans or securing the rights of citizens are made to the Constitution.

Some notable amendments to the US Constitution include:

• The First Amendment, which protects freedom of speech, religion, and assembly, as well as the freedom of the press and the right to petition the government.
• The Eighteenth Amendment, which established the prohibition of alcohol, was ratified in 1919 but later repealed by the Twenty-first Amendment in 1933.
• The Thirteenth Amendment, which abolished slavery and involuntary servitude, except as punishment for crimes.
• The Nineteenth Amendment, which gave women the right to vote.
• The Twenty-second Amendment, which limits the President to two terms in office.

In total, there have been approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789. However, the last successful amendment was in 1978, with the District of Columbia Voting Rights Amendment.

Amendments to the Indian Constitution

An amendment is a change or addition to a law or document, such as a constitution. In the context of a constitution, an amendment is typically a change or addition made to the original text of the document. Amendments are often made to address new issues or circumstances that may not have been contemplated when the original document was created or to clarify existing provisions.

The process of amending a constitution can vary depending on the country and the specific rules and procedures outlined in that country's constitution. In the United States, for example, the process of amending the Constitution is very difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by the legislatures of three-fourths of the states.

The Indian Constitution is the most amended national constitution in the world. As of July 2025, there have been 106 amendments to the Indian Constitution since it was first enacted in 1950. The Constitution is amended roughly twice a year because it spells out governmental powers in great detail, necessitating constitutional amendments for many matters that would be addressed by statute in other democracies.

There are three types of amendments to the Indian Constitution, of which the second and third types are governed by Article 368. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment requires a prescribed "special majority" in each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the state legislatures.

Some notable amendments to the Indian Constitution include the Eighty-sixth Amendment, which provides for the Right to Education for children aged six to fourteen and early childhood care until the age of six, and the 122nd Amendment, which introduced a Goods and Service Tax.

Explore related products

The U.S. Constitution, Declaration of Independence, Bill of Rights with Amendments: Pocket Size (Annotated)

$7.49

A Short and Happy Guide to the First Amendment (Short and Happy Series)

$21

The Constitutional Amendments: 1789 To the Present

$146.39

Make No Law: The Sullivan Case and the First Amendment

$14.59 $20

The Architecture of Constitutional Amendments: History, Law, Politics

$54.85 $60.95

Declaration Of Independence, Constitution Of The United States Of America, Bill Of Rights And Constitutional Amendments

$9.2

How amendments are recorded

The process of amending the Constitution of the United States is a difficult and time-consuming task. The Constitution grants the authority to amend it, and any proposed amendment must be passed by two-thirds of both houses of Congress before being ratified by three-fourths of the state legislatures. Once an amendment is ratified, it becomes an official part of the Constitution.

The process of recording constitutional amendments can take two main forms. The first, and most common, method is to revise the previous text of the Constitution. This involves deleting portions of the original text and inserting new articles among the existing ones. This approach directly alters the text of the Constitution.

The second method, which is less common, is to append the amendment to the end of the main text as a special article. This approach leaves the original text intact while adding supplemental information that changes the frame of government. In this case, the doctrine of implied repeal applies, where the article of amendment takes precedence in the event of a conflict with the original text or an earlier amendment.

In the United States, the Archivist of the United States is responsible for administering the ratification process and certifying the validity of an amendment. The Archivist's role includes submitting the proposed amendment to the states for consideration and receiving the ratification documents from the states. The certification document includes a list of the states that ratified the amendment and serves as an official record for the federal government.

Other countries, such as Australia, Ireland, and Switzerland, also have specific procedures for amending their constitutions. For example, in Australia, a majority of voters in a majority of states is required to pass an amendment, while Ireland requires a simple majority of those voting at the electorate.

Amendments vs. new laws

An amendment is a change or addition to a law or rule, and it can be a time-consuming and challenging process. In the United States, a proposed amendment originates as a special joint resolution of Congress, independent of the President. Once passed, it becomes part of the Constitution, altering the original text. This is a significant distinction from creating a new law, which follows a different process and does not involve changing an existing document.

The United States Constitution, for instance, has only been amended 27 times since 1787, including the first ten amendments, known as the Bill of Rights. Amending this document is intentionally difficult, as Chief Justice John Marshall wrote that it was "to endure for ages to come." As a result, some proposed amendments, such as those for congressional term limits and a balanced budget, have not been successful.

The process of amending a constitution can vary across different jurisdictions. For example, in Ireland, Estonia, and Australia, constitutional amendments start as bills and become laws through acts of parliament. However, they still require approval through a referendum. In contrast, the US Constitution can be amended through a joint resolution of Congress without the President's involvement.

The number of amendments to a constitution can vary significantly between countries. While the US Constitution has been amended 27 times, the Indian Constitution has been amended 106 times since 1950. Some constitutions, like Japan's, have not had any amendments, while others, like Alabama's former constitution, have been amended 977 times between 1901 and 2022.

In summary, amendments and new laws differ in that amendments are changes or additions to existing laws or rules, often involving a more complex process and requiring modifications to an established document. New laws, on the other hand, are typically standalone pieces of legislation that do not alter existing laws or rules directly. The process for creating new laws can vary depending on the political system and legislative procedures in place.

Frequently asked questions