Omar Bennett
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. 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, 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. For example, the US Constitution has been amended 27 times, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The most recent amendment, the 27th, was proposed in 1789 but not ratified until May 7, 1992, and addresses congressional pay changes.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a modification of the constitution of a polity, organisation or other type of entity |
| Purpose | To reserve the rights of citizens, reserve powers that are not given to the government, and establish rules and procedures for elections and voting |
| Number of Amendments | The US Constitution has been amended 27 times |
| Examples | The first amendment reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, press, and religion". The seventeenth amendment changed the way US Senators are elected. The twenty-sixth amendment lowered the voting age to 18 |
| Procedure | Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended as supplemental additions (codicils). Most constitutions require a special procedure, such as supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. |
| Jurisdictional Differences | In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. |
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What You'll Learn
- The US Constitution has been amended 27 times
- Amendments can be appended to the constitution without altering existing text
- Amendments are often interwoven into relevant sections of the constitution
- Amendments are enacted through special procedures, like supermajorities
- The first 10 amendments are known as the Bill of Rights
The US Constitution has been amended 27 times
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended as supplemental additions (codicils), changing the frame of government without altering the existing text. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.
In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. An amendment becomes an official Article of the Constitution once it is ratified by three-fourths of the States. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.
The US Constitution has been amended to include pillars of American law, such as the right to free exercise of religion, the right to elect US Senators, and the right to vote for citizens aged 18 and older. Other amendments have been repealed or have become inconsequential over time. The process of amending the Constitution is intentionally difficult and time-consuming, with many proposals failing to gain the necessary support.
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Amendments can be appended to the constitution without altering existing text
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments are typically interwoven into the relevant sections of an existing constitution, directly altering the text. However, they can also be appended to the constitution as supplemental additions, known as codicils. This method of amending a constitution does not alter the existing text of the document but instead changes the frame of government.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. In Ireland and Australia, for instance, amendments are drafted in the form of Acts of Parliament but cannot become law until they have been approved in a referendum. 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.
The United States Constitution has been amended 27 times since its ratification in 1788. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified on December 15, 1791. These amendments include guarantees of freedom of speech, press, and religion, protection against unreasonable searches and seizures, and the right to bear arms.
Amendments can be appended to the constitution without altering its existing text, but this method may not always be feasible or desirable. In some cases, directly altering the text of the constitution may be necessary to effect the desired changes. Additionally, the special procedures required to amend a constitution can vary in stringency, with some jurisdictions having more complex criteria that make it challenging to pass amendments.
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Amendments are often interwoven into relevant sections of the constitution
A constitutional amendment is a modification of an existing constitution. Amendments are often woven into the relevant sections of a constitution, directly altering the text. For example, the US Constitution has been amended 27 times since its ratification in 1788. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. These amendments encompass rights such as freedom of speech, press, and religion, and the right to bear arms.
The process of amending a constitution can vary across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, amendments originate as bills and become laws through acts of parliament. However, they may still need to be approved in a referendum to become law. In the US, a proposed amendment originates as a special joint resolution of Congress, which does not require the president's signature or approval.
Amendments can also be appended to a constitution as supplemental additions (codicils), altering the government's framework without changing the existing text. An example of this is the German Weimar Constitution of 1919, which allowed deviations from its terms without amendments becoming part of the constitution. This led to the rise of Adolf Hitler, and subsequent amendments to the postwar 1949 constitution required explicit changes to the text.
The number of amendments proposed and passed can vary significantly across countries. For instance, Alabama's former constitution was amended 977 times between 1901 and 2022, while Japan has not passed any amendments over several decades.
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Amendments are enacted through special procedures, like supermajorities
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often directly woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document.
Constitutions typically require that amendments be enacted through special procedures that are more stringent than those for ordinary legislation. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. In some jurisdictions, a referendum to amend the constitution may be triggered by popular initiative.
The United States Constitution, for example, requires that amendments 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, and the joint resolution does not require their signature or approval. Once proposed, an amendment becomes an official Article of the Constitution when ratified by three-fourths of the States.
Other countries have their own unique procedures for amending their constitutions. For instance, in Ireland and Australia, amendments are drafted as Acts of Parliament but must be approved in a referendum before becoming law. In Switzerland, a procedure similar to Australia's is followed, where a majority of voters in a majority of states is required. In Ethiopia, the constitution 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.
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The first 10 amendments are known as the Bill of Rights
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. 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), 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 United States Constitution has been amended 27 times since it was ratified in 1788. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified on December 15, 1791. James Madison wrote the amendments to limit government power and protect individual liberties. The Bill of Rights was 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, and the English Bill of Rights.
The Bill of Rights includes the following:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
- The right to free speech and freedom of the press.
- The right of the people peaceably to assemble and to petition the government for a redress of grievances.
- The right of the people to keep and bear arms.
- No soldier shall, in time of peace, be quartered in any house without the consent of the owner.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
- Additional protections for people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury, and to be informed of criminal charges.
- The right to a jury trial in Federal civil cases.
- The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.
- The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
- The Tenth Amendment says that the Federal Government only has those powers delegated to it in the Constitution.
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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 either interwoven into the relevant sections of an existing constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils), 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. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.
The U.S. Constitution has been amended 27 times. The first 10 amendments, known as the Bill of Rights, were passed in 1789 and ratified on December 15, 1791.
The Seventeenth Amendment, passed in 1912 and ratified in 1913, changed the way U.S. Senators are elected by allowing people to elect two Senators from each state for six-year terms. The Twenty-Sixth Amendment, passed and ratified in 1971, lowered the voting age to 18.
