Omar Bennett
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, or they can be appended 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.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a modification of the constitution of a polity, organisation or other type of entity |
| Amendment procedure | Most constitutions require a special procedure for amendments, such as supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both |
| Amendment originator | Amendments can be proposed by Congress or by a constitutional convention called for by two-thirds of state legislatures |
| Number of amendments | There have been 27 amendments to the US Constitution since 1791 |
| Amendment content | Amendments can directly alter the text of the constitution or be appended as supplemental additions (codicils) |
| Amendment ratification | An amendment must be ratified by three-fourths of the states (38 out of 50) through state legislatures or state ratifying conventions |
| Amendment deadline | Congress has stipulated that an amendment must be ratified within seven years of being submitted to the states |
| Amendment certification | The certification of an amendment is published in the Federal Register and U.S. Statutes at Large, serving as official notice of the completion of the amendment process |
| Rights reserved | Amendments can reserve the rights of citizens not specifically mentioned in the constitution, such as suffrage rights and freedom of speech |
| State sovereignty | Amendments can protect state sovereignty, such as by shielding states from lawsuits by non-resident citizens |
Explore related products
What You'll Learn
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 to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
The last time an amendment gained the required support for submission to the states was the District of Columbia Voting Rights Amendment in 1978. However, it was not ratified by the required number of states and is still pending, along with three other amendments. Six amendments have not been ratified, with one closed and failed by its terms, and another closed and failed by the terms of the resolution proposing it.
The amendment process is designed to strike a balance between constant change and inflexibility. An amendment should address a significant issue affecting all Americans or securing the rights of citizens. Examples of amendments include giving women the right to vote, repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age to 18.
Amending the Constitution: The Power to Change
You may want to see also
The first 10 amendments are known as the Bill of Rights
A constitutional amendment is a modification of the constitution of a polity, organisation, or another type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. Alternatively, 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 first ten amendments to the US Constitution are collectively known as the Bill of Rights. These amendments were ratified on December 15, 1791, and were added to the Constitution to limit government power and protect individual liberties. James Madison wrote the amendments, which were 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 cannot make laws regarding an established religion or prohibit the free exercise thereof.
- The freedom of speech, freedom of the press, and the right to assemble and petition the government are protected.
- The right of the people to keep and bear arms shall not be infringed.
- No soldier can be quartered in any house in times of peace or war without consent or prescription by law, respectively.
- Citizens have the right to be free from unreasonable government intrusion in their homes and are protected by the requirement of a warrant.
- The accused has the right to a speedy and public trial, an impartial jury in criminal cases, and to be informed of criminal charges.
- The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.
- The listing of specific rights in the Constitution does not mean that people do not retain other rights that are not explicitly mentioned.
- The Tenth Amendment states that the Federal Government only has the powers delegated to it in the Constitution.
The Eighth Amendment: Protecting Us from Cruel Punishments
You may want to see also
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 enacted through a special procedure that differs from the process for passing ordinary legislation. For example, in some jurisdictions, amendments may require supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.
In the United States, the process of amending the Constitution is outlined in Article V of the Constitution. An amendment 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 the State legislatures. Once an amendment is proposed, the Archivist of the United States administers the ratification process. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
While amendments typically involve directly altering the text of the constitution, they can also be appended as supplemental additions or codicils. This means that the frame of government can be changed without actually modifying the existing text of the document. This approach allows for adjustments to be made while preserving the original wording of the constitution.
The process of amending a constitution varies across different jurisdictions. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but require approval in a referendum to become law. In contrast, the former constitution of the US state of Alabama was amended 977 times between 1901 and 2022, demonstrating a higher frequency of amendments compared to other countries with more stringent amendment procedures.
Constitution Amendments: States' Power to Ratify
You may want to see also
Explore related products
Amendments must be enacted through a special procedure
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. Alternatively, they can be appended to the constitution as supplemental additions (codicils), thereby 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 two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative.
For instance, in Ireland and Australia, amendments are drafted in the form of Acts of Parliament but cannot become law until they have been approved in a referendum. In Australia, a majority of voters in a majority of states is required for an amendment to be passed. In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. To become part of the US Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
The special procedures for the amendment of some constitutions have proven to be so exacting that few or none of the proposed amendments have been passed over several decades. For example, out of 44 proposed amendments in Australia, only eight have been passed. In Japan, none of the proposed amendments have been passed.
Smith's Case: Amendments that Shaped the Nation
You may want to see also
State constitutions in the US are amended regularly
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended as supplemental additions, changing the frame of government without altering the existing text of the document.
The US Constitution is difficult to change and has only been amended 27 times since it was enacted in 1789. State constitutions, on the other hand, are much easier to modify and are amended regularly. The constitutions of the 50 states have been amended around 7,000 times. States offer multiple paths for amending their constitutions. For example, in California and Colorado, citizen-initiated amendments are considered at a particularly brisk pace. In Rhode Island, voters approved an automatically generated referendum that led to the last full-scale state constitutional convention in the US in 1986, submitting 14 amendments to voters, 8 of which were approved.
The frequency of amendments varies across different states. Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average. In contrast, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years, on average.
While the US Constitution requires amendments to be enacted through a special procedure, such as supermajorities in the legislature or direct approval by the electorate in a referendum, state constitutional conventions were once called regularly to adopt piecemeal amendments to existing constitutions. From 1776 to 1986, 250 constitutional conventions were held in the 50 states. Although there has been a lack of convention activity in recent decades, conventions remain a viable route for amending state constitutions.
Most Popular US Constitution Amendments: What's the Buzz?
You may want to see also
Frequently asked questions
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. 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. Examples include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. In some jurisdictions, constitutional amendments originate as bills and become laws in the form of acts of parliament.
There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The most recent amendment, the Twenty-Seventh Amendment, was proposed in 1789 but not ratified until May 7, 1992.
The Bill of Rights, comprising the first 10 amendments to the US Constitution, guarantees various rights and freedoms. These include freedom of speech, press, and religion, the right to bear arms, protection from unreasonable searches and seizures, due process rights, and the right to a fair and speedy trial, among others.
The Seventeenth Amendment, passed in 1912 and ratified in 1913, changed the way US Senators are elected by providing that they be directly elected by the people of their state.
