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 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 process for amending a constitution varies across jurisdictions. For example, 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. On the other hand, in countries like Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, often requiring approval through a referendum.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified on December 15, 1791 |
| Most recent amendment | Twenty-Seventh Amendment, ratified on May 7, 1992 |
| Difficulty of amending the Constitution | Very difficult and time-consuming |
| Jurisdiction | Varies; in Ireland, Estonia, and Australia, amendments originate as bills and become law in the form of acts of parliament |
| Proposal methods | 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 state legislatures |
| Amendment process | Publication for public comment, submission to provincial legislatures, and debate in the National Council of Provinces (NCOP) |
| Approval process | Requires an absolute two-thirds supermajority in the National Assembly and, in some cases, the NCOP |
| Certification | Conducted by an official of the federal government, such as the Archivist of the United States, and published in the Federal Register |
| Amendment characteristics | Interwoven into relevant sections of the Constitution or appended as supplemental additions |
| Special procedures | May include supermajorities, direct approval by the electorate in a referendum, or a combination of both |
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What You'll Learn
The amendment process
To propose an amendment in the US, a two-thirds majority vote is required in both the House of Representatives and the Senate, or two-thirds of state legislatures can request a constitutional convention. This proposal is in the form of a joint resolution, which does not require the President's signature or approval. Once proposed, an amendment must be ratified by three-fourths of the states to become an official Article of the Constitution. The Archivist of the United States is responsible for certifying that the amendment is valid and has become part of the Constitution. This certification is a formal record and is published in the Federal Register.
In other countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become law through acts of parliament, sometimes requiring approval through a referendum. In Tennessee, there are two methods for proposing amendments: through the legislature or by constitutional convention, with the majority of voters in a referendum approving the proposed amendment.
Overall, the amendment process is designed to be challenging, ensuring that amendments are reserved for significant changes that impact all citizens or secure their rights.
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How to propose an amendment
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 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.
There are two methods for proposing amendments to a constitution: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum. Here is a step-by-step guide on how to propose an amendment:
Legislative Method:
- The legislature passes a resolution calling for an amendment and stating its wording.
- This resolution must pass three separate readings on three separate days, with an absolute majority on all readings.
- It is then published at least six months before the next legislative election in newspapers of wide and general circulation.
- After the election, the proposed amendment must go through the same procedure again (absolute majority on three separate readings).
- It is then put on the ballot as a referendum in the next gubernatorial election.
Constitutional Convention:
- Two-thirds of State legislatures call for a constitutional convention to propose amendments.
- The convention proposes amendments, which are then sent to the states for potential ratification.
- A proposed amendment becomes an official Article of the Constitution once it is ratified by three-fourths of the States.
It is important to note that the specific procedure for proposing an amendment may vary from one jurisdiction to another. For example, in the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or veto. In contrast, in countries like Ireland and Australia, amendments are drafted as Acts of Parliament but require approval through a referendum to become law.
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Ratification and certification
The process of amending the United States Constitution is a difficult and time-consuming task. A proposed amendment becomes an official Article of the Constitution once it is ratified by three-fourths of the States (38 out of 50 States). This is done by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist is responsible for administering the ratification process and ensuring that the amendment is valid and has become part of the Constitution.
The process of ratification and certification involves several steps and can vary across jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament and referendums. In the United States, however, the process is different. 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.
Once an amendment is proposed, it must be passed by two-thirds of both houses of Congress. Then, it is sent to the states for ratification. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the amendment is considered ratified and becomes part of the Constitution.
The certification of an amendment is a formal process. The Archivist drafts a formal proclamation certifying 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 certification document includes a list of the states that ratified the amendment and is used by the federal government for record-keeping purposes.
The ratification and certification process for a constitutional amendment is a rigorous and meticulous procedure designed to ensure the integrity and longevity of the Constitution. It involves multiple levels of approval and verification to guarantee that any changes made to the Constitution are carefully considered and widely accepted.
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Special procedures
Amending a constitution is a difficult and time-consuming process. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
In the United States, the Constitution provides that an amendment may be proposed either 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 former method has been used 33 times to propose amendments, while the latter has never been used. Once proposed, an amendment is sent to the states for ratification. It becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
Other countries have different special procedures for amending their constitutions. For example, in Bulgaria, there are two procedures for amendment, depending on the part of the constitution to be amended. The normal amendment procedure allows the Parliament to amend the Constitution for minor issues with a three-quarters majority, or a two-thirds majority upon reintroduction in parliament after two months. The special amendment procedure is the only way to revise the international borders of Bulgaria, change the form of government, change the way the Constitution and international treaties are applied, or suspend citizens' rights. In this case, a Great National Assembly is elected, consisting of 400 deputies, with 200 elected by proportional vote and 200 elected by the first-past-the-post method.
In Ireland and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, they must also be approved in a referendum to come into force. In Switzerland, a similar procedure is followed, with a more complex set of criteria requiring a majority of voters in a majority of states. 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. Certain parts of the Constitution, such as those describing Human and democratic rights, are almost unamendable and require the total consensus of the federal regional states and two-thirds of each house of Parliament.
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Amendment history
The United States Constitution has been amended 27 times since it was first drafted in 1787 and 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 originally proposed in 1789 but wasn't ratified until May 7, 1992.
The process of amending the Constitution varies across jurisdictions. In the US, 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 Congress to call a Constitutional Convention, though this has never happened. Once proposed, an amendment must be ratified by three-fourths of the states to become an official Article of the Constitution.
In other jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become law through acts of parliament, sometimes requiring approval through a referendum. In Tennessee, there are two methods for proposing amendments: through the legislature or by constitutional convention, both requiring approval by a majority of voters in a referendum.
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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 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.
The process of amending a constitution varies depending on the jurisdiction. In the United States, 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. Once proposed, an amendment must be ratified by three-fourths of the states to become an official Article of the Constitution.
There have been 27 amendments to the United States Constitution, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. The most recent amendment was proposed in 1789 but was not ratified until 1992.
There are two methods for proposing amendments to the Tennessee State Constitution: through the legislature or by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum. The legislative method involves the Tennessee General Assembly passing a resolution with an absolute majority on three separate readings on three separate days. The proposed amendment is then put on the ballot as a referendum in the next gubernatorial election.
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