Eleanor Finch
The term amend refers to the process of altering or changing a text, law, or document to make it better. An amendment, on the other hand, is the act of amending or the change itself. Amendments are often used to address unforeseen circumstances or events that were not considered when the original document was created. For example, the US Constitution has been amended 27 times since its ratification in 1788 to address various issues and rights, such as granting women the right to vote. Amendments can be made to financial documents as well, such as when publicly traded companies must amend their earnings reports if incorrect information is found.
| Characteristics | Values |
|---|---|
| Definition | To put right; to make emendations in something |
| Process | Altering or amending a law or document by parliamentary or constitutional procedure |
| Examples | Allowing women the right to vote; facilitating online payment systems and electronic signatures |
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What You'll Learn
Amending a constitution: the process
An amendment is a change or addition to a contract, law, or document. In the context of a constitution, it refers to the process of altering or amending it through formal procedures. The process of amending a constitution typically involves the following steps:
Proposal
A constitutional amendment can be proposed by an authorised body, such as a legislative body or a constitutional convention. For example, in the United States, a constitutional amendment can be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives, or through a constitutional convention with majority votes in two-thirds of state legislatures.
Debate and Deliberation
Once a constitutional amendment is proposed, it is then debated and deliberated upon by the relevant legislative bodies and stakeholders. This process may involve public consultations, hearings, and discussions to consider the potential impacts and implications of the proposed amendment.
Voting and Approval
After the debate and deliberation stage, the proposed amendment is put to a vote. The specific voting requirements may vary depending on the country and its constitutional framework. In some cases, a supermajority or a special majority vote may be required to approve a constitutional amendment. In other cases, a simple majority may be sufficient.
Ratification and Implementation
Once an amendment has been approved by the required majority, it then needs to be ratified and implemented. This process can vary depending on the country's constitutional procedures. In some cases, the amendment may require approval by a certain number of states or provinces, while in others, it may need to be confirmed by a constitutional court or another designated authority.
Coming into Force
After the amendment has been ratified and all the necessary legal requirements have been met, it then comes into force and becomes a part of the constitution. This may involve publishing the amended constitution, disseminating it to the public, and ensuring that all relevant authorities and institutions are aware of and comply with the new constitutional provisions.
The process of amending a constitution is typically a formal and rigorous one, designed to ensure that any changes made are carefully considered and reflect the will of the people. While the specific steps may vary between countries, the overall process generally involves proposal, debate, voting, ratification, and implementation.
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Amending a constitution: who can propose it
Amending the US Constitution is no small feat and requires the involvement of Congress and the states. According to Article V of the Constitution, there are two ways to propose amendments:
Proposal by Congress
The first method involves Congress, which can propose amendments whenever two-thirds of both Houses deem it necessary. This method has been utilised numerous times, with over 11,000 proposals introduced in Congress, although not all have been approved by the required two-thirds majority in each house for submission to the states for ratification.
Proposal by State Legislatures
The second method outlined in Article V, which has never been used, involves the states taking the initiative. If two-thirds of state legislatures apply, Congress shall call a convention for proposing amendments. This method has sparked debates among scholars, including whether Congress must call a convention upon receiving the required number of state applications and if the convention can be limited in scope.
While the state-led approach has yet to be utilised, some scholars suggest that states could prod Congress into proposing an amendment on a specific matter by applying for an Article V convention. This alternative path underscores the intricate dance between Congress and the states in the amendment process, showcasing the checks and balances inherent in the US system of government.
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Amending a constitution: voting requirements
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. Congress proposes an amendment in the form of a joint resolution. The original document is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
Once the OFR receives 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 and serves as official notice to Congress and the Nation that the amendment process has been completed.
In four US states—Hawaii, Minnesota, Tennessee, and Wyoming—amendments must be approved by a majority of voters in the entire election. Abstentions from voting on an amendment in these states are effectively treated as no votes. Illinois allows amendments to be approved if they are supported by three-fifths of voters on the amendment or by a majority of voters in the entire election. Seventeen states currently allow amendments via citizen-initiative processes.
Signature-collection requirements for amendments are often tied to the number of votes cast in the last gubernatorial election. Arizona and Oklahoma have the highest requirements, needing amendment supporters to collect signatures equal to 15% of the votes cast in the previous election for governor. Massachusetts has the lowest requirement at 3%. More than half of the states also require a geographic distribution of signatures, such as collecting signatures from 2% of registered voters in every state senate district, as in Colorado.
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Amending a constitution: examples
Amending a constitution typically requires a special procedure that is more stringent than the process for passing ordinary legislation. This can take various forms, including supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. Here are some examples of how different countries have approached amending their constitutions:
United States
In the United States, a proposed amendment to the Constitution originates as a special joint resolution of Congress that does not require the President's signature or approval. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. Once proposed, the amendment is submitted to the states for ratification, with three-fourths of the states (38 out of 50) needing to ratify for it to become part of the Constitution.
Ireland
The Constitution of Ireland can only be modified by referendum, following a proposal approved by both the lower and upper houses of the Oireachtas. A simple majority of those voting in the referendum is required for the amendment to succeed, and no quorum is necessary. Additionally, in Ireland, constitutional amendments originate as bills and become laws through acts of parliament, but they must also be approved in a referendum.
Australia
Australia has a similar process to Ireland, where constitutional amendments first need to be passed by the legislature before being submitted to the people in a referendum. However, Australia has a more complex set of criteria for amendment approval, requiring a majority of voters in a majority of states.
Bulgaria
Bulgaria has a specific procedure for amending its constitution, outlined in Articles 157-163. This procedure is the only way to revise international borders, change the form of government, modify how the Constitution and international treaties are applied, or suspend citizens' rights. It involves electing a Great National Assembly consisting of 400 deputies, with a combination of proportional vote and first-past-the-post methods. The amendments then need to be passed by a two-thirds majority in three successive readings.
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Amending a constitution: reasons
Amending a constitution is a significant and challenging process, and there are several reasons why a country might undertake this task. Firstly, amendments are typically required to clarify or modify specific provisions outlined in the constitution. Constitutions are foundational documents that outline the structure of a government and its fundamental principles. However, they may not include all the laws governing a nation. Therefore, amendments become necessary when changes are required that go beyond regular lawmaking and impact the core framework of the state.
Secondly, the process of amending a constitution is deliberately made challenging to ensure stability and permanence. The Framers, the authors of the US Constitution, intentionally designed a lengthy and intricate amendment process. They believed that this would foster stability in the country. Indeed, the difficulty of amending a constitution lends permanence to any changes made. Once an amendment is ratified, it becomes an integral part of the constitution and can only be altered through another amendment. This process safeguards against frequent and impulsive changes to the foundational laws of a nation, ensuring that any modifications are carefully considered and broadly supported.
Constitutional amendments are also pursued as a means of achieving lasting change. Activists and reformers have historically advocated for constitutional amendments when seeking profound and enduring reforms. This is particularly relevant when addressing issues that existing laws or policies fail to adequately address. For example, in the United States, a constitutional amendment was necessary to legalise same-sex marriage in certain states, demonstrating how constitutional amendments can be a powerful tool for driving systemic change.
The process of amending a constitution can vary across jurisdictions, and some nations require multiple approval methods. For instance, some countries, like Australia and Ireland, mandate that amendments be approved by the legislature and the people via a referendum. In contrast, others, like the United States, require a two-thirds majority vote in both houses of Congress, followed by ratification by three-fourths of the states. These stringent procedures underscore the significance and complexity of amending a constitution.
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Frequently asked questions
To amend the constitution means to change or modify it for the better.
An amendment is a change or addition to the terms of a contract agreement, government document, or law.
Amendments may be introduced to address circumstances and events that were not foreseen when a piece of legislation was initially signed into law.
A constitutional amendment may be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives or through a constitutional convention with majority votes in two-thirds of state legislatures.
The US Constitution was amended to allow women the right to vote. The first 10 amendments to the US Constitution constitute the Bill of Rights.
