Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, 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 to the constitution as supplemental additions, 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. Examples of such procedures include supermajorities in the legislature or direct approval by the electorate in a referendum. The process for amending a constitution varies across jurisdictions, with some requiring amendments to first pass through the legislature before being submitted to the people, while others may follow a different set of criteria.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a modification of the constitution of a polity, organisation or other type of entity. |
| Process | Amendments are 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. |
| Procedure | Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. This can include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures. |
| Jurisdiction | There are formal differences in the manner in which constitutional amendments are drafted and written down once they become law. For example, in Ireland, Estonia and Australia, amendments originate as bills and become law in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress. |
| Example | 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. |
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What You'll Learn
Constitutional amendment definition
A constitutional amendment is a modification of the constitution of a political entity, organisation, or other types of entities. It is the process of altering or amending a law or document by parliamentary or constitutional procedure. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also 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 example, in Ireland and Australia, amendments are drafted in the form of Acts of Parliament but cannot become law until they are 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. Once it is ratified by Congress, it must be approved by three-fourths (38 out of 50) of the states.
The manner in which constitutional amendments are recorded typically takes two main forms. The first is that amendments are interwoven into the relevant sections of an existing constitution, directly altering the text. The second is that they are appended to the constitution as supplemental additions, thereby changing the frame of government without altering the existing text of the document.
The number of amendments to a constitution can vary significantly from country to country. For example, the former constitution of the U.S. state of Alabama was amended 977 times between its adoption in 1901 and its replacement in 2022. In contrast, Japan has not passed any amendments over several decades.
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Processes for amending constitutions
The process of amending constitutions varies across different nations and political systems. This response will focus on the processes for amending the US Constitution, as well as general trends in state-level constitutional amendment processes in the US, and other nations with similar systems.
United States Constitution
The authority to amend the US Constitution is derived from Article V of the Constitution. There are two methods through which an amendment can be proposed:
- Congressional Proposal: A two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. The President does not have a constitutional role in this process.
- Constitutional Convention: Two-thirds of state legislatures (34 out of 50 states) can call for a constitutional convention to propose an amendment. This method has never been used to propose an amendment.
Once an amendment is proposed, it must be ratified. Ratification can occur in two ways:
- State Legislature Ratification: Three-fourths of state legislatures (38 out of 50 states) must ratify the amendment.
- Convention Ratification: Three-fourths of state conventions must ratify the amendment.
US State Constitutions
The process for amending state constitutions varies across the 50 states. There are several common methods for proposing amendments:
- Legislative Proposal: State legislatures generate more than 80% of constitutional amendments proposed and approved each year. The requirements for legislative proposals vary, with some states requiring a simple majority, while others mandate a supermajority or support in two consecutive sessions.
- Citizen-Initiative: Seventeen states allow citizens to initiate the amendment process by gathering signatures to hold a vote on the proposed amendment. The number of signatures required varies by state.
- Constitutional Convention: Conventions are rarely used to propose amendments but remain a potential avenue. Legislators typically call for a convention, which requires approval through a referendum. A few states allow bypassing the legislature and directly calling for a convention through a citizen initiative.
Other Nations
Some nations with similar systems to the US include Australia, Ireland, and Switzerland. These countries require amendments to be passed by the legislature and then approved by a direct vote of the people (referendum). Brazil also has a detailed process outlined in its constitution, involving multiple branches of government.
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Historical examples of constitutional amendments
The US Constitution has been amended 27 times, with 33 amendments proposed by Congress. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The 11th Amendment, passed by Congress on March 4, 1794, and ratified on February 7, 1795, states that the judicial power of the US "shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State".
The 13th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, abolished slavery and involuntary servitude, except as punishment for crimes.
The 14th Amendment, passed in 1868, granted citizenship to all persons born or naturalized in the US and subject to its jurisdiction. It also prohibited states from abridging the privileges or immunities of citizens, depriving any person of life, liberty, or property without due process, or denying any person within its jurisdiction the equal protection of the law.
The 15th Amendment, passed in 1870, outlawed discrimination in voting rights on the basis of race, colour, or previous condition of servitude.
The 18th Amendment, ratified in 1919, established the prohibition of alcohol, banning "the manufacture, sale, or transportation of intoxicating liquors". This was repealed by the 21st Amendment in 1933, which is the only amendment to have explicitly repealed an earlier one.
The 16th Amendment, passed by Congress on May 13, 1912, and ratified on April 8, 1913, gave Congress the power to lay and collect taxes on incomes, without apportionment among the states.
The 17th Amendment, also passed in 1913, altered the structure of Congress by providing for the direct election of senators by the people of each state, rather than by state legislatures.
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Special procedures for amendments
Amending a constitution is a difficult and time-consuming process, and most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures vary across jurisdictions.
In the United States, the Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. However, this has never happened. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
Some countries, like Australia, Ireland, and Switzerland, require that all amendments be passed by the legislature before being submitted to the people for approval. For example, in Ireland, a simple majority of voters is required, while Australia requires a majority of voters in a majority of states. In contrast, the Constitution of Denmark mandates that after an amendment is approved by parliament, a general election must be held, and the new parliament must approve the amendment again before submitting it to a referendum. Additionally, at least 40% of eligible voters must participate in the referendum for the amendment to be validly passed.
Other countries, like Estonia and Finland, have different procedures. In Estonia, the Constitution can only be modified by a three-fifths majority in two successive complements of Parliament, and certain chapters are subject to a referendum. In Finland, amendments can be proposed by the government or any member of Parliament and must be approved by a majority of Parliament. After a parliamentary election, the amendment must be approved again by a two-thirds supermajority.
The Constitution of South Africa provides another example of a special procedure. A bill amending the Constitution must be introduced in the National Assembly and published for public comment at least 30 days beforehand. The bill must not contain any provisions other than constitutional amendments and directly related matters. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly, the lower house.
Furthermore, some states in the US, like Mississippi, have permitted citizen-initiated amendments, where proponents must gather a certain number of signatures in support of holding a vote on the amendment. However, the specific procedures can vary from state to state.
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The role of the Archivist in the US amendment process
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for managing the constitutional amendment process. This includes submitting proposed amendments to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states (38 out of 50) ratify them. The Archivist's role is primarily administrative, following procedures established by the Secretary of State and the Administrator of General Services. They do not make substantive determinations about the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive.
Once Congress proposes an amendment, the Archivist submits it to the states by sending a letter of notification to each governor, along with informational material prepared by the Office of the Federal Register (OFR). The OFR assists the Archivist in the amendment process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which the Archivist conveys to the Director of the Federal Register.
The OFR examines ratification documents for facial legal sufficiency and authenticating signatures. If the documents are in order, the Director acknowledges receipt and maintains custody. Once the OFR verifies that it has received the required number of authenticated ratification documents, it 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.
The Archivist's role in the amendment process is to uphold the integrity of the process and ensure that changes to the Constitution are carried out according to the law. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
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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 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.
In Ireland and Australia, amendments are drafted as Acts of Parliament but must be approved by a referendum to become law. In the US, a proposed amendment originates as a special joint resolution of Congress and requires ratification by three-fourths (38 out of 50) of the states.
