Simone Lawson
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, or they can be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. The process of amending a constitution varies across different countries and entities. For example, in the United States, the Constitution can be amended by a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. On the other hand, the Constitution of Australia requires an absolute majority in both houses of Parliament for an amendment to be proposed, followed by a successful referendum. The number of amendments to a constitution can vary significantly, with the US Constitution being amended 27 times since 1787, while the Indian Constitution has been amended 106 times as of August 2021.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Difficulty of amending the US Constitution | Very difficult and time-consuming |
| Authority to amend the US Constitution | Article V of the Constitution |
| Amendment proposal in the US | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment ratification in the US | Three-fourths of the States (38 of 50 States) |
| Number of amendments to the Indian Constitution | 106, as of August 2021 |
| Number of amendments to the Australian Constitution | Not mentioned |
| Australian Constitution amendment proposal | Passed by both houses of the Parliament of Australia by an absolute majority |
| Australian Constitution amendment ratification | Majority of states (New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania) |
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What You'll Learn
The amendment process
The process for amending a constitution varies across different countries. For example, in the United States, the authority to amend the Constitution is derived from Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The President does not have a constitutional role in the amendment process. Once an amendment is passed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
In Australia, a bill amending the Constitution must be passed by both houses of the Parliament of Australia by an absolute majority. If one house passes the bill while the other refuses, the bill can be attempted again. If it is refused a second time, the Governor-General may still submit the proposed change for a referendum. Australians then vote on the proposal, and for the referendum to succeed, a majority of states must agree to the proposal.
The Constitution of Indonesia states that it can be amended according to Article 37 of "Chapter XVI: Constitutional Amendments". A proposal to amend the constitution must be submitted by one-third of the members of the People's Consultative Assembly, with two-thirds of the members present. Any proposed amendment requires a simple majority of the entire People's Consultative Assembly membership.
Amending a constitution is generally a difficult and time-consuming process. For example, the U.S. Constitution has only been amended 27 times since it was drafted in 1787, while the current constitutions of the 50 states have been amended around 7,000 times. Some countries, like India, have amended their constitution many times—the Indian Constitution has been amended 106 times as of August 2021.
Amendments: Who Holds the Power to Change?
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State vs federal constitutions
An amendment is indeed a change or addition to a constitution. The United States Constitution, for example, has been amended 27 times since it was drafted in 1787. The process of amending the US Constitution is a difficult and time-consuming task. 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.
The US Constitution is based on a system called federalism, which divides powers between national and regional governments. This allows states to test ideas independently, acting as "laboratories of democracy". However, this division of powers has also led to struggles between state and federal governments throughout the country's history.
The federal government holds powers that are not listed in the Constitution but are necessary to carry out other powers. The "Necessary and Proper Clause" in Article 1, Section 8, gives the federal government certain implied powers. The Tenth Amendment, on the other hand, reserves powers for state governments, stating that any power not delegated to the federal government or prohibited to the states is reserved for the states or the people.
When Congress and state legislatures use their concurrent powers to pass conflicting laws, federal law takes priority due to the "Supremacy Clause" in Article VI of the Constitution. This clause establishes the US Constitution and federal laws as "the supreme law of the land."
In recent years, immigration, healthcare, and public health have been common battlegrounds for state vs. federal powers. While the Constitution gives the federal government the power to regulate immigration, some states try to restrict immigration or increase border control independently. Similarly, some states have fought federal mandates in the Affordable Care Act, arguing that they overstep into state powers.
First Amendment: Our Right to Freedom of Expression
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Ratification
An amendment is indeed a change or addition to a country's existing constitution. The process of amending the United States Constitution, as outlined in Article V of the Constitution, is a challenging and lengthy endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, indicating the rarity of successful amendments.
The process of amending the Constitution begins with a proposal, which can be initiated in two ways. Firstly, Congress may propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called upon request by two-thirds of the state legislatures. However, it is important to note that none of the 27 amendments to the Constitution have been proposed through a constitutional convention.
Once an amendment is proposed, it enters the ratification process. This process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register. The amendment is then formally submitted to the state legislatures, and when a state ratifies it, they send an original or certified copy of the state action to the Archivist.
The Director of the Federal Register examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The Office of the Federal Register (OFR) retains these documents until the amendment is either adopted or fails.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, which is 38 out of 50 states. Once the OFR verifies that it has received the required number of authenticated ratification documents, a formal proclamation is drafted for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
Amendment XVI: Income Tax and Congress
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Special procedures
Amending the constitution is a difficult and time-consuming process. The US Constitution, for example, has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment 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 the state legislatures.
The process of amending a constitution varies across different countries and even states. For instance, in Australia, a bill amending the Constitution must be passed by both houses of the Parliament of Australia by an absolute majority. If one house passes the bill while the other refuses, it may attempt to pass the bill again. If the second house refuses again, the Governor-General may still submit the proposed change for a referendum. Following this, Australians vote on the proposal.
In the US, the process of amending the constitution at the federal level is different from that of the individual states. While the federal Constitution has been amended 27 times, the current constitutions of the 50 states have been amended around 7,000 times. States like Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average. On the other hand, states like Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years, on average.
Some states offer multiple paths for amending their constitutions. For example, in 17 states, citizens can initiate the amendment process. In these states, proponents of an amendment must gather a certain number of signatures in support of holding a vote on the amendment. In four states, it is possible to bypass the legislature and call a convention through the initiative process. Additionally, in 14 states, referendums on calling a convention are required to appear on the ballot automatically at periodic intervals ranging from 10 to 20 years.
The First Amendment: Freedom of the Press
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History of amendments
The United States Constitution was drafted in 1787 and ratified in 1789. The Founding Fathers understood that it would need to be amended to confront future challenges and ensure that the document endured for ages to come.
The Constitution has been amended 27 times since it was drafted, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. These first 10 amendments are considered fundamental to American rights and freedoms. The First Amendment, for example, guarantees freedom of religion, speech, and the press, while the Second Amendment protects the right to keep and bear arms. The Third Amendment, though less well-known, prohibits the quartering of soldiers in private homes without consent. The Fourth Amendment guarantees the right to security against unreasonable searches and seizures.
The process of amending the Constitution is deliberately difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress, and then ratified by three-fourths of state legislatures (38 out of 50 states). While states have the option of petitioning for a constitutional convention, this has never occurred.
Despite the challenges, there have been notable attempts to amend the Constitution beyond the 27 successful instances. For example, supporters of congressional term limits and a balanced budget amendment have unsuccessfully sought to introduce new amendments.
Direct Representation: Constitutional Amendments for the People
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Frequently asked questions
An 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.
The authority to amend the US Constitution is derived from Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
The US Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights. The process of amending the Constitution is deliberately difficult and time-consuming. State constitutions, on the other hand, are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
