Jonah Patel
A constitutional amendment is a change or addition to the constitution, the foundational document that outlines how a country is governed. Amendments are often proposed to address perceived deficiencies in the constitution, or to adapt it to changing circumstances. The process of amending a constitution varies from country to country. In the United States, for example, an amendment must be proposed and ratified by Congress with a two-thirds majority in both the House of Representatives and the Senate. In Belgium, the federal legislative power, consisting of the King and the Federal Parliament, can amend the constitution by declaring the reasons for revision and then holding a new federal election. In Italy, a referendum is held to amend the constitution, with no quorum required.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | The Bill of Rights |
| Amendment process | Two-step process involving proposal and ratification |
| Proposal methods | US Congress with a two-thirds majority in both the Senate and House of Representatives, or a national convention called by Congress on the application of two-thirds of state legislatures |
| Ratification methods | Ratified by three-fourths of state legislatures or state ratifying conventions |
| Amendment frequency | Approximately 11,848 proposals introduced in Congress since 1789 |
| Global context | The Turkish constitution has been amended 21 times as of 2018, and the Japanese constitution includes a special clause renouncing war |
| European context | The UK does not have a written constitution, and changes are made by a simple majority in parliament |
| European context | The Belgian constitution can be amended by the federal legislative power, including the King and Federal Parliament, following specific procedures |
| European context | The Italian constitution has been amended through referendums, and the Dutch constitution requires a proposed law to be passed by a simple majority before consideration by both houses of parliament |
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What You'll Learn
The process of amending constitutions
United States
The United States Constitution has been amended 27 times since it was drafted in 1787. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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, or by a constitutional convention called for by two-thirds of the State legislatures. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The original document is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the joint resolution in slip law format, and assembles an information package for the States. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50). The OFR then 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.
Belgium
The Constitution of Belgium can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. To initiate the amendment process, the federal legislative power must declare the reasons for revising the Constitution in accordance with Article 195. This involves two Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and the other signed by the King and the Federal Government. Following this declaration, the Federal Parliament is automatically dissolved, and a new federal election must be held. After the election, the new Federal Parliament can amend the articles that have been declared revisable.
Italy
Italy has a different process for amending its constitution. While there is no quorum required, meaning referendum turnout does not affect its validity, Italy has only held four constitutional referendums, with the most recent one being in 2020.
Turkey
The Turkish constitution has been amended 21 times since its adoption in 1982. All of these amendments were approved through a constitutional referendum in 2017, meaning that all 21 amendments were added simultaneously.
Netherlands
To change the Constitution of the Netherlands, the legislature must first pass a proposed law by a simple majority. The lower house is then dissolved, and after elections, the proposal is reconsidered. To enact the change, a two-thirds majority in both houses of parliament must approve it.
The process of amending a constitution varies depending on the country and its specific laws and procedures. The above examples illustrate the diverse approaches taken by different countries in amending their fundamental laws.
The First Amendment: Freedom's Foundation
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The Bill of Rights
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice and exercise religion, the right to assemble, the right to bear arms, and other natural and legal rights. The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offence (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials). The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges.
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, and that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
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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. It changed a portion of Article IV, Section 2 of the Constitution, giving Congress the power to enforce this article through appropriate legislation.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It changed a portion of Article I, Section 2, and states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. It also prohibits states from making or enforcing any law that abridges the privileges or immunities of US citizens.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." This amendment was the last of the Reconstruction Amendments and ensured that the franchise of black men was protected.
While these amendments were intended to guarantee the freedom and civil rights of formerly enslaved individuals and protect the rights of all US 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 like Brown v. Board of Education and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realised.
First Amendment: Freedom of Speech and Beyond
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The role of the President
The US Constitution does not outline a specific role for the President in the process of amending it. The authority to amend the Constitution is derived from Article V of the Constitution. The process of proposing an amendment is initiated by Congress, which proposes amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures.
While the President does not have a constitutional role in the amendment process, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. Additionally, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In modern times, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment, a role previously performed by the Secretary of State and the Administrator of General Services. In recent history, the signing of the certification has become a ceremonial function that may be attended by the President, such as when President Nixon witnessed the certification of the 26th Amendment.
It is worth noting that the Twenty-second Amendment, ratified in 1951, established term limits for the Presidency, limiting future presidents to serving no more than two elected terms.
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Ratification by states
The Constitution of the United States provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, an amendment can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Instead, Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.
The OFR then assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information. The Archivist of the United States, who heads NARA, then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor, along with the informational material prepared by the OFR.
At this point, the Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. State legislatures have sometimes taken action on a proposed amendment before receiving official notice. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
Finally, when the OFR verifies that it has received the required number of authenticated ratification documents (from three-fourths of the States, or 38 out of 50 States), 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.
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Frequently asked questions
A constitutional amendment is a change or addition to a country's constitution.
The process of amending a constitution varies across countries. In some countries, such as the United States, amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Other countries, like Belgium, require the federal legislative power, including the King and the Federal Government, to declare the reasons for revising the Constitution before an election takes place.
The United States Constitution has 27 amendments, with the first 10 being known as the Bill of Rights, guaranteeing civil rights and liberties such as freedom of speech, press, and religion. The 13th Amendment abolished slavery, while the 17th Amendment specified that each state shall have two Senators elected by the people.
Yes, constitutional amendments can be rejected. In Italy, for example, out of the four constitutional referendums held, two were approved in 2001 and 2020, while the other two were rejected in 2006 and 2016.
The approval process depends on the country's legislative structure. In some countries, the people directly approve amendments through referendums or elections. In other cases, like in the United States, amendments are approved by a specified majority of states (38 out of 50).
