Isabella Carter
A constitutional amendment is a change or addition to the original constitution, the highest law of a nation. The process of amending a constitution varies across countries and may involve proposals from a country's legislative body, a referendum, or a constitutional convention. For instance, the Turkish constitution was amended 21 times following a constitutional referendum in 2017, while the US Constitution has been amended 27 times since 1787, with amendments proposed by Congress and ratified by three-fourths of the states. The Belgian constitution, on the other hand, can be amended by the federal legislative power, consisting of the King and the Federal Parliament, following specific procedures. These amendments demonstrate the dynamic nature of constitutions, allowing for necessary changes to reflect evolving societal needs and values.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Difficulty of amending the US Constitution | Very difficult and time-consuming |
| Number of amendments to the Turkish Constitution | 21 |
| Authority to amend the US Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification alternative | Conventions in three-fourths of the States |
| Amendment process in Belgium | Federal legislative power, consisting of the King and the Federal Parliament |
| Amendment process in Italy | Constitutional referendum |
| Amendment process in the Netherlands | Simple majority proposing to change the constitution |
| Amendment process in Poland | Article 235 of "Chapter XII: Amending the Constitution" |
| Amendment process in Sweden | Two identical decisions by the Riksdag, separated by a general election |
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What You'll Learn
The US Constitution has been amended 27 times
Amending a constitution is the process of making changes or additions to the fundamental laws of a nation. In the context of the United States Constitution, the process of amending the document is deliberately designed to be difficult and time-consuming. This is to ensure that any changes made are significant and have a lasting impact on the nation.
Since the US Constitution was drafted in 1787, it has been amended 27 times, including the first ten amendments, known as the Bill of Rights, which were adopted in 1791. The process of proposing and ratifying amendments is outlined in Article V of the Constitution. An amendment can 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 is sent to the States for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's role is to ensure the validity of the ratification documents and to certify that the amendment process has been completed.
The process of amending the US Constitution is not unique, and other countries such as Belgium, Italy, and Japan have also amended their constitutions through various procedures. However, the US Constitution's amendment process ensures that any changes made are carefully considered and have the support of a significant majority of the States.
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The amendment process
Firstly, an amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA adds legislative history notes to the resolution and publishes it in slip law format.
Secondly, two-thirds of State legislatures can request that Congress call a Constitutional Convention to propose amendments. This second method has never been used, although it does have its supporters. Once an amendment has been proposed, it must be ratified. Ratification can occur in two ways, as determined by Congress: through the legislatures of three-fourths of the States, or by conventions in three-fourths of the States.
In other countries, the process of amending the constitution differs. In Belgium, for example, the federal legislative power, consisting of the King (Federal Government) and the Federal Parliament, can amend the Constitution. In Italy, constitutional referendums are held, and in the Netherlands, a simple majority in the lower house of parliament is required to propose a change, which must then be passed by a two-thirds majority in both houses.
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Ratification by states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. This process involves two steps: proposing an amendment and ratifying it.
An amendment can 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 state legislatures. Once proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
During the ratification process, the Archivist submits the proposed amendment to the states for their consideration. Each governor receives a letter of notification, along with informational material prepared by NARA's Office of the Federal Register (OFR). The governors then formally submit the amendment to their state legislatures, or a state convention is called, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through the state legislatures or a state convention, depending on Congress's determination. Once the required number of states have ratified the amendment, the OFR 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.
In certain instances, states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. While the Archivist does not make substantive determinations on the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
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Belgium's federal legislative power
Belgium is a federal, representative democratic, constitutional monarchy. The country's federal legislative power is vested in the government and the two chambers of parliament: the Senate and the Chamber of Representatives. The Belgian Constitution does not mention the Federal Parliament; instead, it stipulates that federal legislative power is exercised by the King and the Chamber of Representatives (and exceptionally the Senate). The Chamber of Representatives is the primary legislative body, and the Senate functions as a meeting place for the federal communities and regions.
The Chamber of Representatives has 150 members, while the Senate has 60. All 150 representatives are elected directly via a system of proportional representation. The Chamber of Representatives has the sole power to legislate in certain matters, including naturalizations, ministerial liability, the state budget, and military quotas. In these cases, the Senate's approval is not required for a bill to pass. However, in certain matters, both chambers have equal power. There are three different legislative procedures that can be followed: the one-chamber procedure, the optional two-chamber procedure, and the mandatory two-chamber procedure.
The Belgian Federal Parliament sits in the Palace of the Nation in Brussels. The eligibility requirements for the Chamber of Representatives include a minimum age of 21, citizenship, and residency in Belgium. The number of seats in the Chamber is constitutionally set at 150, elected from 11 electoral districts. The districts are divided along linguistic lines: 5 Flemish (87 seats), 5 Walloon (48 seats), and the bilingual district of Brussels (15 seats).
The Belgian Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. To amend the Constitution, the federal legislative power must declare the reasons for the revision, in accordance with Article 195. This is done through two Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one 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.
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Italy's constitutional referendums
Amending a constitution means making changes to the fundamental laws within it. In Italy, there are four types of legally binding referendums, one of which is a constitutional referendum. This type of referendum can be requested when a new constitutional law is approved by parliament.
Italy has held four constitutional referendums in its history: in 2001, 2006, 2016, and 2020. The 2016 Italian constitutional referendum was held on 4 December and concerned a bill to reform the composition and powers of the Parliament of Italy, as well as the division of powers between the State, the regions, and administrative entities. The bill was first introduced by the government in the Senate on 8 April 2014 and underwent several amendments before receiving its final approval on 20 January 2016 (Senate) and 12 April 2016 (Chamber). In accordance with Article 138 of the Constitution, a referendum was called after a formal request from more than one-fifth of the members of both the Senate and the Chamber of Deputies. The referendum was rejected, with 59.11% voting against the reform.
The 2020 Italian constitutional referendum was held on 20 and 21 September 2020 and concerned a reduction in the size of the Italian Parliament. The referendum was initially scheduled for 29 March but was postponed due to the coronavirus pandemic. Voters were asked whether they approved a constitutional law that would amend various aspects of the Italian Constitution, including reducing the number of MPs in the Parliament and limiting the total number of incumbent life senators appointed by the President. The proposed changes were approved, with 69.96% voting in favour.
The 2001 referendum was the first time a constitutional referendum was successful in Italy, while the referendums in 2006 and 2016 rejected constitutional reform proposals.
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Frequently asked questions
A constitutional amendment is a change or addition to a country's constitution.
The US Constitution has a specific amendment process. An amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It is then ratified by three-fourths of the state legislatures or by three-fourths of state ratifying conventions, as determined by Congress.
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted in 1791 as the Bill of Rights.
The UK does not have a written constitution. The final authority on constitutional matters is the parliament itself, which can make changes with a simple majority.
Amendments to the Turkish constitution are passed by the people through a constitutional referendum.
