Jonah Patel
An amendment is a formal change made to a law, contract, constitution, or other legal documents. Amendments are often used to address unforeseen events or circumstances that were not considered when the original document was created. For example, many countries had to amend their banking and taxation laws to accommodate online payment systems and electronic signatures. Amendments can be made through a parliamentary or constitutional procedure, and they can add, remove, or update parts of an agreement.
| Characteristics | Values |
|---|---|
| Definition | A formal or official change made to a law, contract, constitution, or other legal document |
| Synonyms | Addition, alteration, correction |
| Purpose | Address circumstances and events unforeseen when a piece of legislation was initially signed into law |
| Examples | First Amendment to the United States Constitution, Third Amendment of the Constitution of Ireland, Amendment of the German constitution as part of the reunification process in 1990 |
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What You'll Learn
Amendments to the US Constitution
An amendment is the process of altering or amending a law, document, constitution, statute, or legislative bill or resolution. In the United States, amendments are often associated with changes to the US Constitution. Amendments to the US Constitution can fundamentally change the country's political system or governing institutions.
The US Constitution has 27 amendments, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The best-known amendments are those made to the US Constitution. The first 10 amendments are known as the Bill of Rights.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate propose around 200 amendments during each two-year term of Congress. The last proposal to gain the necessary two-thirds support in both the House and the Senate was the District of Columbia Voting Rights Amendment in 1978.
Some notable amendments to the US Constitution include:
- The Eighteenth Amendment, which established the prohibition of alcohol, was ratified in 1919.
- The Twenty-first Amendment, which repealed the Eighteenth Amendment and ended prohibition, was ratified in 1933.
- The Thirteenth Amendment, which abolished slavery and involuntary servitude within the United States, was passed by Congress on June 13, 1866, and ratified on July 9, 1868.
- The Fourteenth Amendment, which granted citizenship to all persons born or naturalized in the United States and guaranteed due process of law and equal protection under the law, was passed by Congress on June 13, 1866 and ratified on July 9, 1868.
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Amendments to other laws and documents
An amendment is the process of altering or amending a law or document, such as a constitution, statute, or legislative bill or resolution. It can be made to existing constitutions, statutes, and bills and is subject to specific parliamentary or constitutional procedures. In the United States, amendments are often associated with changes to the US Constitution.
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights, ratified in 1791. These initial amendments include fundamental rights such as freedom of speech, freedom of religion, the right to bear arms, and protection against unreasonable searches and seizures.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives. Alternatively, they can be initiated through a constitutional convention with majority votes in two-thirds of state legislatures. After ratification by Congress, an amendment must be approved by three-fourths (38 out of 50) of the states.
For instance, Amendment XI, ratified in 1795, modified Article III, Section 2 of the Constitution, limiting the judicial power of the United States in specific legal contexts. Amendment XXII, ratified in 1951, addressed term limits for the presidency, stipulating that no person could be elected president more than twice.
Amendments are not limited to constitutions but can also be applied to other laws and documents. They are a mechanism to correct, update, or refine existing provisions, ensuring that legal frameworks remain relevant and responsive to societal needs and evolving circumstances.
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How to propose an amendment
An amendment is the process of altering or amending a law or document, such as a constitution, statute, or legislative bill. Amendments can be made to existing constitutions, statutes, and bills and are proposed and effected through parliamentary or constitutional procedures.
In the United States, amendments are specifically associated with changes to the U.S. Constitution. There are two methods to propose an amendment to the Constitution:
- Congressional Proposal: The first method requires both the House and the Senate to propose a constitutional amendment through a two-thirds majority vote of the members present in each chamber. This is the more commonly used method, with Congress proposing thirty-three constitutional amendments through this procedure. Once an amendment is proposed by Congress, it is sent to the states for ratification.
- Constitutional Convention: The second method involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures (i.e., two-thirds of the several states). This method has never been used.
It is important to note that the process of proposing an amendment does not guarantee its adoption. For an amendment to be ratified and become part of the Constitution, there are specific requirements that must be met. In the case of the United States Constitution, once an amendment is proposed, it must be ratified by three-fourths of the states, either through their legislatures or popularly elected conventions, as determined by Congress.
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Ratification of amendments
An amendment is an addition or alteration made to a constitution, statute, or legislative bill or resolution. In the United States, amendments are changes made to the U.S. Constitution. Amendments can also be made to existing constitutions, statutes, and bills during their passage through a legislature.
The process of amending the U.S. Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives. Alternatively, amendments can be proposed through a constitutional convention called for by two-thirds of state legislatures. However, in practice, all 27 amendments to the Constitution so far have been proposed by Congress.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it before sending an information package to the States.
The process of ratifying an amendment can occur through one of two methods, as determined by Congress. The first method requires three-fourths (38 out of 50) of the state legislatures to ratify the amendment. The second method, used only once for the Twenty-First Amendment, involves three-fourths of state ratifying conventions approving the proposed amendment.
When an amendment is ratified by the required number of states, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is 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.
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Examples of famous amendments
There have been 27 amendments to the US Constitution, with 33 proposed by Congress. The first ten amendments, known as the Bill of Rights, were ratified in 1791. Here are some examples of famous amendments:
The Thirteenth Amendment
The Thirteenth Amendment, ratified in 1865, was the first of the three "Reconstruction Amendments" adopted after the Civil War. It solidified the legal status of slaves as free men and women. Section 1 states:
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment
The Fourteenth Amendment, also one of the Reconstruction Amendments, was adopted in 1868. It is considered one of the most far-reaching amendments due to Section 1, which contains four major clauses: the Citizenship Clause, the Privileges & Immunities Clause, the Due Process Clause, and the Equal Protection Clause.
The Fifteenth Amendment
The Fifteenth Amendment, the third Reconstruction Amendment, was adopted in 1870. It guaranteed the voting rights of former slaves and other African-American citizens.
The Eighteenth Amendment
The Eighteenth Amendment, ratified in 1919, established the prohibition of alcohol.
The Twenty-first Amendment
The Twenty-first Amendment, ratified in 1933, is the only amendment to explicitly repeal an earlier one. It repealed the Eighteenth Amendment, ending the prohibition of alcohol.
The Nineteenth Amendment
The Nineteenth Amendment granted women the right to vote.
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Frequently asked questions
An amendment is a formal or official change made to a law, contract, constitution, or other legal document.
Amendments are often introduced to address unforeseen circumstances and events that were not considered when a piece of legislation was initially signed into law.
Some well-known examples of amendments include the First Amendment to the United States Constitution, which protects freedom of speech, religion, press, and protest, and the Third Amendment to the Constitution of Ireland, which allowed Ireland to join the European Union.
The process of making an amendment can vary depending on the document being amended and the jurisdiction. In the United States, a constitutional amendment may be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives. Once ratified by Congress, it must be approved by three-fourths of the states.
