Malcolm Rivera
Amendments are changes or additions to a country's constitution. They are often proposed by Congress or a national constitutional convention and must be ratified by a certain number of states or state legislatures. In the United States, there have been 27 amendments to the Constitution, including the Bill of Rights, which comprises the first 10 amendments. Amendments can also be proposed through a People's Initiative, a Constituent Assembly, or a Constitutional Convention. In South Africa, amendments to the Bill of Rights must be passed by the NCOP with a supermajority of at least six out of nine provinces. In the United Kingdom, the final authority on quasi-constitutional matters rests with Parliament, which can make changes by simple majority.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| First 10 Amendments | Ratified on December 15, 1791 |
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the freedom of speech, or of the press |
| Seventeenth Amendment | Modified Article I, Section 3, of the Constitution |
| Nineteenth Amendment | Passed by Congress on June 4, 1919, and ratified on August 18, 1920, to grant women the right to vote |
| Amendment Proposal Methods | People's Initiative, Constituent Assembly, Constitutional Convention |
| Ratification Methods | Legislatures of three-fourths of states, State ratifying conventions in three-fourths of states |
| Amendment Process in the UK | Parliamentary sovereignty, simple majority in Parliament |
| Amendment Process in Greece | Referendum, proposal approved by lower and upper houses of the Oireachtas |
| Amendment Process in South Africa | Supermajority of at least six out of nine provinces in the NCOP |
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What You'll Learn
- The US Constitution's first 10 amendments are the Bill of Rights
- Amendments can be proposed by Congress or a national convention
- Amendments must be ratified by state legislatures or ratifying conventions
- Amendments can also be proposed by a People's Initiative or Constituent Assembly
- Amendments to the Constitution of Ireland require a referendum
The US Constitution's first 10 amendments are the Bill of Rights
The United States Constitution's first ten amendments are collectively known as the Bill of Rights. These amendments were proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791.
The Bill of Rights is one of the three founding documents of the US Constitution, and it was heavily influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. The amendments were written by James Madison as a means to limit government power and protect individual liberties.
The First Amendment prohibits Congress from making laws that establish a religion or restrict the free exercise thereof, abridge the freedom of speech or the freedom of the press, or infringe on the right of the people to assemble peacefully and petition the government. The Second Amendment affirms the right of the people to keep and bear arms, stating that a well-regulated militia is necessary for the security of a free state. The Third Amendment prohibits the quartering of soldiers in civilian homes without the owner's consent, except as prescribed by law during times of war.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment reinforces federalism by stating that the powers not delegated to the federal government by the Constitution are reserved for the states or the people.
In addition to these ten amendments, there are numerous other amendments to the US Constitution, such as the 17th Amendment, which modified Article I, Section 3, regarding the composition and election of the Senate, and the 19th Amendment, which granted women the right to vote.
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Amendments can be proposed by Congress or a national convention
The Constitution of the United States outlines the process of proposing amendments, which can be initiated by Congress or a national convention.
Amendments proposed by Congress must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This process bypasses the President, as the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) plays a crucial role in this stage by adding legislative history notes, publishing the resolution in slip law format, and preparing informational packages for the states.
The alternative method for proposing amendments involves a national convention called for by two-thirds of the state legislatures. Despite being a valid option, this method has never been utilised in the history of the United States. Scholars have debated the effectiveness of this approach, with some suggesting that states may pressure Congress to propose an amendment on a specific matter by requesting an Article V convention.
Once an amendment is proposed, either by Congress or a national convention, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The Archivist of the United States and the OFR play a crucial role in administering the ratification process, ensuring the amendment's validity and legal sufficiency.
It is worth noting that the President does not have a constitutional role in the amendment process, and the joint resolution is not subject to their signature or approval. This ensures that the amendment process is driven by Congress or a national convention, followed by ratification by the required number of states.
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Amendments must be ratified by state legislatures or ratifying conventions
The process of amending the US Constitution is outlined in Article V of the Constitution. The process involves proposing an amendment and then ratifying it. Amendments can be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention to propose amendments called by Congress at the request of two-thirds of state legislatures.
Once an amendment is proposed, it must be ratified. There are two methods for ratification, as decided by Congress: ratification by state legislatures or ratification by ratifying conventions. To become part of the Constitution, an amendment must be ratified by the legislatures or conventions of three-quarters of the states (38 out of 50 states).
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist submits the proposed amendment to the states, and the governors then formally submit it to their state legislatures or call for a convention, depending on what Congress has specified.
In some cases, state legislatures have taken action on a proposed amendment before receiving official notice. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register for examination and custody.
The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously. However, six amendments adopted by Congress and sent to the states have not been ratified by the required number of states and are therefore not part of the Constitution.
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Amendments can also be proposed by a People's Initiative or Constituent Assembly
An amendment is indeed a constitutional clause. Amendments can be proposed in several ways, one of which is through a People's Initiative. This term is specifically used in the Philippines to refer to a mode for constitutional amendment provided by the 1987 Constitution. The People's Initiative Against Pork Barrel (PIAP) is an example of this, where various groups and individuals led an initiative to criminalize pork barrel fund creation and spending.
Another way to propose amendments is through a Constituent Assembly. The Constituent Assembly is tasked with creating a constitution and has no partisan motive. It is elected on a limited franchise, and its members can be trusted to pass a constitution by a simple majority. The future Parliament, on the other hand, will be elected on adult suffrage and will act as partisans seeking to carry amendments to facilitate the passing of party measures.
In the case of India, the Constituent Assembly adopted a combination of the "theory of fundamental law", which underlies the written Constitution of the United States, with the "theory of parliamentary sovereignty" as existing in the United Kingdom. The Constitution vests constituent power upon the Parliament, and while it eliminated elaborate amendment procedures, it does require the ratification of State Legislatures for amendments to specific matters.
Therefore, while a People's Initiative and a Constituent Assembly can propose amendments, the process and scope of their involvement may vary depending on the country's constitutional framework.
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Amendments to the Constitution of Ireland require a referendum
An amendment is a change or addition to the constitution of a nation. In the context of the Constitution of Ireland, amendments are only possible through a referendum. This process of amending the constitution by referendum is not new, as Ireland's previous constitutions also provided for a similar mechanism.
The Constitution of Ireland, enacted in 1937, has been amended several times through referendums. The procedure for amending the constitution is specified in Article 46. A proposal to amend the constitution must be initiated as a bill in Dáil Éireann, passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland. This is known as a constitutional referendum.
The first two amendments to the Constitution of Ireland were adopted during a three-year transitional period when a referendum was not required. Since 25 June 1941, the third anniversary of President Hyde's election, every amendment has had to be put to a referendum after its passage through the Oireachtas. As of 2021, 38 constitutional referendums have been held, with 32 being approved by the people of Ireland.
It is important to note that there is also a provision for an ordinary referendum in Ireland, which does not relate to amending the constitution. An ordinary referendum would be held if the President decided that a bill was of such national importance that the will of the people should decide its outcome. To date, no ordinary referendum has ever been held.
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Frequently asked questions
An amendment is a change or addition to a law or document, in this case, the Constitution. Amendments are often made to correct an oversight, or address a change in circumstances.
Amendments are proposed by Congress or a national constitutional convention. They must then be ratified by either the legislatures of three-fourths of the states, or state ratifying conventions in three-fourths of the states.
The Seventeenth Amendment modified Article I, Section 3, of the Constitution. It states that the Senate of the United States shall be composed of two Senators from each State, elected by the people for six-year terms.
