Jonah Patel
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, changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. The consequences of constitutional amendments can vary widely and are often difficult to predict. They can have both intended and unintended effects on the political system, societal norms, and individual rights. The process of amending a constitution is typically designed to be challenging, requiring supermajorities in the legislature or direct approval by the electorate through referendums. The specific procedures and requirements for amending a constitution can vary across different jurisdictions, and the impact of amendments can be far-reaching and complex.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution since 1787 | 27 |
| Difficulty of the amendment process | Very difficult and time-consuming |
| Requirements for an amendment | Major impact affecting all Americans or securing rights of citizens |
| Example amendments | Giving women the right to vote, abolishing poll taxes, lowering the voting age |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures |
| Amendment ratification | Requires ratification by three-fourths of the States |
| Amendment certification | Certified by the Archivist of the United States and published in the Federal Register |
| Special procedures for amendments | Supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both |
| Country-specific amendment processes | Ireland, Australia, Estonia, Switzerland, Japan, US state of Alabama |
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What You'll Learn
Amendments can deviate from the original constitution
Similarly, 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. Certain chapters and articles are almost unamendable and require the total consensus of the federal regional states and two-thirds of each house of Parliament.
In the United States, the Constitution has been amended 27 times since it was drafted in 1787. The amendment process is deliberately made difficult and time-consuming to ensure the document's longevity. A proposed amendment must pass through a stringent procedure, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The amendment becomes official once ratified by three-fourths of the states and is then certified by the Archivist of the United States.
Other countries, such as Ireland, Estonia, and Australia, also have specific procedures for amending their constitutions. In these countries, amendments often originate as bills and become laws through acts of parliament, but they may also require approval through a referendum.
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Amendments can be made without changing the constitution's text
Amendments to a constitution are modifications to the constitution of a polity, organization, or other type of entity. While amendments are often 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). This means that the frame of government can be changed without altering the existing text of the document.
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 in the form of acts of parliament. However, even in these cases, a special procedure is often required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved in a referendum before becoming law. In contrast, in the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or approval.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process involves Congress proposing an amendment, which is then administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and an authenticating signature. Once the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The process of amending a constitution is generally designed to be difficult and time-consuming. For example, in the United States, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states (38 out of 50 states). This stringent process ensures that amendments have a major impact and affect the rights of citizens.
While most constitutions require special procedures for amendments, there have been historical exceptions. Under the 1919 German Weimar Constitution, any law that achieved supermajorities in both chambers of parliament could deviate from the constitution without becoming part of it. This allowed for the rise of Adolf Hitler to power and was consequently ruled out in the postwar 1949 constitution, which requires explicit changes to the constitution's text for amendments.
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Amendments can be made through special procedures
Amendments to a constitution are modifications to the constitution of a polity, organization, or other type of entity. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
Special procedures for amending constitutions vary across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, a special procedure is still required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved in a referendum before becoming law. In contrast, in the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or approval.
The process for amending a constitution can be difficult and time-consuming. For example, in the United States, a proposed amendment must be passed by two-thirds of both houses of Congress before being ratified by three-fourths of the states. This two-step process, involving supermajorities at both the federal and state levels, ensures that amendments have broad support and are not easily enacted.
The special procedures for the amendment of some constitutions have proven to be so exacting that only a few proposed amendments have been passed over several decades. For example, Australia has had eight amendments out of 44 proposals passed, while Japan has had none. In contrast, other constitutions may be amended more frequently. For instance, the former constitution of the U.S. state of Alabama was amended 977 times between 1901 and 2022.
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Amendments can be made via a referendum
Amendments to a constitution are modifications to the governing document of a polity, organization, or other type of entity. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. One such special procedure is direct approval by the electorate in a referendum.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, they cannot become law until they have been approved in a referendum. In Ireland, a simple majority of those voting at the electorate is required, while Australia requires a more complex set of criteria, including a majority of voters in a majority of states. Switzerland has a procedure similar to Australia's.
In contrast, in the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. Once an amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. After receiving the required number of authenticated ratification documents from three-fourths of the States (38 out of 50), the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
The process of amending a constitution can be challenging and time-consuming, as it should be a significant change affecting a large portion of the population or securing the rights of citizens. The difficulty in amending a constitution ensures that it remains stable and enduring. For example, the United States Constitution has only been amended 27 times since it was drafted in 1787, and in Alabama, it was amended 977 times between 1901 and 2022 when it was replaced by a new constitution.
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Amendments can be made to limit presidential powers
Amendments to a constitution can be made to limit presidential powers. For example, the Twenty-second Amendment to the United States Constitution limits the number of times a person can be elected to the office of President to two terms. This amendment was a response to Franklin D. Roosevelt serving as president for four terms, which some saw as a concerning accumulation of power in the executive.
The process of amending a constitution varies across jurisdictions. In the United States, the authority to amend the Constitution derives from Article V of the Constitution. Amendments can 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 state legislatures. However, the President does not have a constitutional role in the amendment process. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The proposed amendment is then sent to the states for ratification, requiring approval by three-fourths of the states to become part of the Constitution.
Other countries, such as Ireland, Estonia, and Australia, follow a different process. In these countries, constitutional amendments often originate as bills and become laws through acts of parliament, sometimes requiring approval in a referendum. For example, in Ireland, a simple majority of voters is needed, while Australia requires a majority of voters in a majority of states. The process of amending a constitution is generally more stringent than passing ordinary legislation, and it can be challenging to gather the necessary support for an amendment.
The consequences of limiting presidential powers through constitutional amendments can vary. On the one hand, it can prevent the accumulation of power in a single individual or entity, promoting a balance of power and democratic principles. It can also establish consistent norms and traditions, such as the two-term limit for presidents in the United States, which has been adhered to by subsequent presidents. However, some may argue that limiting presidential powers can hinder a strong and consistent leadership response to crises or changing circumstances. Additionally, the process of amending a constitution can be lengthy and challenging, as seen in the case of the Twenty-second Amendment, which took almost four years to deliberate and ratify.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are usually woven into the relevant sections of an existing constitution, directly altering the text.
The process of amending a constitution varies across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, amendments originate as bills and become laws through acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or approval. Most constitutions require that amendments be enacted through a special procedure, such as supermajorities in the legislature or direct approval by the electorate in a referendum.
Constitutional amendments can have both intended and unintended consequences. They can address subjects like criminal justice procedures, presidential election systems, and women's suffrage. However, amendments may also have unexpected uses, as seen in the rise of Adolf Hitler to power under the 1919 German Weimar Constitution.
The frequency of constitutional amendments varies. For example, the former constitution of Alabama, USA, was amended 977 times between 1901 and 2022. In contrast, Japan has not passed any amendments over several decades. The United States Constitution has been amended only 27 times since 1787, indicating that amendments are typically reserved for significant changes affecting all citizens or securing their rights.
