Isabella Carter
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 appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document. The number of amendments and the procedures for amending a constitution vary across jurisdictions. For example, the US Constitution has been amended 27 times, while the former constitution of the US state of Alabama was amended 977 times between its adoption in 1901 and its replacement in 2022. Amendments to the US Constitution originate as a special joint resolution of Congress, while in Ireland, Estonia, and Australia, amendments originate as bills and become laws in the form of acts of parliament. Amendments to the Indian Constitution can be made by a simple or special majority of Parliament, depending on the article in question.
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What You'll Learn
The Bill of Rights
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.
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes, addressing the laws that gave British soldiers this right before the Revolutionary War. The Fourth Amendment protects citizens from unreasonable searches and seizures of their persons or private property by the government. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury for serious criminal charges, protection against double jeopardy, and the right against self-incrimination. It also states that no person can be deprived of life, liberty, or property without due process of law. The Sixth Amendment provides additional protections for those accused, such as the right to a speedy and public trial and an impartial jury.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It also changed a portion of Article I, Section 2 of the Constitution, which pertains to the apportionment of representatives among the states and the voting rights of male citizens above the age of 21.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying citizens the right to vote based on "race, color, or previous condition of servitude". This amendment was the last of the Reconstruction Amendments and was passed in the wake of the narrow election of Ulysses S. Grant to the presidency in 1868, which convinced Republicans of the importance of protecting the franchise of black men.
While the Reconstruction Amendments were intended to guarantee the freedom and civil rights of formerly enslaved individuals and protect the rights of all citizens, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions such as Brown v. Board of Education in 1954 and legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of these amendments were realized.
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The right to vote
The Fifteenth Amendment, ratified on February 3, 1870, was a significant milestone in the expansion of voting rights. This amendment granted all male citizens, regardless of race or previous slave status, the right to vote. While this was a crucial step towards racial equality, it did not guarantee universal male suffrage, as many African American men still faced barriers to voting due to discriminatory practices and laws.
The Voting Rights Act of 1965 further extended protections by prohibiting voter discrimination based on race, colour, or membership in a language minority group. It mandated that certain places provide election materials in languages other than English and placed restrictions on states with a history of voter discrimination. However, in 2013, a key provision of this act involving federal oversight of voting rules was struck down by the Supreme Court.
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Ratification process
The United States Constitution has been amended 27 times since it was ratified in 1788. The authority to amend the Constitution comes from Article V of the Constitution. The process of amending the Constitution is known as the ratification process.
The process of ratifying an amendment begins with a proposal from Congress, which must pass with a two-thirds majority vote in both the Senate and the House of Representatives. This proposal is sent to the states for ratification, where it must be ratified by three-fourths (38 out of 50) of the state legislatures. This is the traditional process that has been used for all amendments so far.
Article V also provides an alternative process, which has never been used. In this process, two-thirds of the state legislatures can request that Congress call a constitutional convention to propose amendments. Any amendment proposed in this way must then be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
The mode of ratification is determined by Congress, and there is no time limit for ratification specified in Article V. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments. Once an amendment is ratified, the Archivist of the United States certifies that it is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large as official notice to Congress and the nation that the amendment process is complete.
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Amendments to the Indian Constitution
The Indian Constitution is the most amended national constitution in the world, with over 100 amendments since its inception and adoption in 1950. It is a dynamic document that has continuously evolved to meet the changing needs of society, politics, and governance. The Constitution is amended roughly twice a year, reflecting the growth of Indian democracy, highlighting policy priorities, and marking shifts in power structures. Some amendments have made minor procedural changes, while others like the 42nd and 44th Amendments have fundamentally reshaped the Constitution's spirit and framework.
The Constitution of India, as a living document, has evolved over the decades through a series of significant amendments. These constitutional amendments reflect the dynamic needs of governance, societal transformation, and legal reform in a developing democracy. The Constitution is designed with enough flexibility to adapt to changing needs while ensuring the preservation of its foundational principles. It borrows from various international constitutions and the Government of India Act of 1935.
There are three types of amendments to the Constitution of India, of which the second and third types are governed by Article 368. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least one half of the State Legislatures.
The procedure for making Constitutional Amendments in India is provided under Article 368, which ensures a balance between flexibility and rigidity. An amendment bill can be introduced in either House of Parliament but not in any of the state legislatures. The bill must be passed by a special majority in both Houses, with no joint sitting allowed if there is a disagreement. For federal provisions, the bill also needs approval by at least half of the state legislatures with a simple majority. The President must then give assent, after which the bill becomes a Constitutional Amendment Act.
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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.
In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President cannot veto. A proposed amendment becomes an official Article of the Constitution once it is ratified by three-fourths of the States.
There have been 27 amendments to the US Constitution 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. The most recent amendment, the Twenty-Seventh Amendment, was proposed in 1789 but not ratified until May 7, 1992.
The Seventeenth Amendment, passed on May 13, 1912, and ratified on April 8, 1913, changed the way US Senators are elected. It established that Senators would be elected by the people of their state and clarified the process for filling vacancies in a state's Senate representation.
