Simone Lawson
The process of amending the constitution differs across jurisdictions. In the United States, for example, a proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states, whereas in other countries such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. The United States Constitution's Fourteenth Amendment, which was passed by the Senate in 1866 and ratified in 1868, is a notable example. This amendment granted citizenship to all persons born or naturalized in the country and provided equal protection under the law, extending the Bill of Rights to the states. It also addressed issues such as insurrection, public debt, and the prohibition of Confederate states from compensating former slave owners.
| Characteristics | Values |
|---|---|
| Number of methods to propose amendments | 2 |
| Example of jurisdiction where amendments originate as bills | Ireland, Estonia, Australia |
| Number of days before a constitutional amendment bill is introduced in the National Assembly that it must be published for public comment | 30 |
| Minimum number of states required to ratify an amendment | 38 |
| Article of the Constitution that provides authority to amend the Constitution of the United States | Article V |
| Amendment that protects freedom of speech, religion, and the press | First Amendment |
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What You'll Learn
Freedom of speech, religion, press, assembly and petition
The First Amendment of the United States Constitution guarantees several fundamental freedoms, including freedom of speech, religion, press, assembly, and petition. These freedoms are essential for protecting individuals' rights and liberties and have been the subject of much interpretation and debate over the years.
Freedom of speech is a cornerstone of democratic societies, and the First Amendment protects the right to express oneself without government interference. This includes the right to speak or not to speak, engage in symbolic speech, and convey political messages, even if they are offensive to some. However, the exact boundaries of what constitutes protected speech have been a subject of debate, with the Supreme Court ruling on various cases involving students' rights, symbolic protests, and obscene speech.
Freedom of religion is also guaranteed under the First Amendment, which includes two key provisions: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. On the other hand, the Free Exercise Clause protects citizens' right to practise their religion as they see fit, as long as it does not conflict with "public morals" or a "compelling" government interest, such as public health and safety.
The freedom of the press is another critical component of the First Amendment. It ensures that the media can gather and disseminate information without undue government restraint. The Supreme Court has acknowledged the unique role of the press in promoting free speech and keeping society informed. However, the press does not have unrestricted access to information, and the government can deny access in certain situations.
The right to assemble peacefully is also protected by the First Amendment. This freedom of assembly, sometimes used interchangeably with freedom of association, allows individuals to come together and express their ideas collectively. It is recognised as a fundamental human right and is included in various national constitutions worldwide.
Lastly, the right to petition the government for redress of grievances is guaranteed by the First Amendment. This right, which has historical roots in ancient documents like the Magna Carta, ensures that individuals can make complaints or seek assistance from the government without fear of retribution.
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Right to hold office
The right to hold office is a fundamental aspect of democratic governance, guaranteeing citizens the opportunity to participate in political and public life. This right is enshrined in various laws and conventions, such as Article 3 of Protocol No. 1, which establishes the obligation of holding elections to ensure the free expression of the people's opinions. The right to stand for election and hold office extends beyond legal provisions, encompassing the practical organisation of electoral systems and the establishment of conditions to facilitate the exercise of voting and candidature rights.
In the United States, the Fourteenth Amendment includes a disqualification clause that bars public officials who have engaged in treason, insurrection, or rebellion against the government from holding future public offices. This provision, primarily aimed at preventing power seizures by former Confederate officials after the Civil War, underscores the importance of upholding loyalty and stability within the country's leadership.
The right to hold office is not limited to a specific group of individuals. In the US, the President, Vice President, and all civil officers are subject to removal from office upon impeachment and conviction of treason, bribery, or other high crimes and misdemeanors. The Constitution also sets eligibility criteria for the Presidency, requiring candidates to be natural-born citizens, at least 35 years old, and residents of the United States for at least 14 years.
The right to hold office is further reinforced by provisions guaranteeing the independence of judges. Article III, Section 1 of the Constitution ensures that judges of the Supreme and inferior courts hold their offices during good behaviour, receiving compensation that remains unchanged throughout their tenure. This independence safeguards the impartial administration of justice, allowing judges to make decisions based on the law without external influence or fear of repercussions.
The right to hold office is a cornerstone of democratic societies, empowering citizens to actively engage in the political process and shape the direction of their communities, states, and nations. It fosters representation, accountability, and the protection of the rights and interests of the people.
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Public debt validity
The validity of public debt is addressed in the Fourteenth Amendment of the US Constitution, specifically in Section 4, also known as the Public Debt Clause. This section states that the validity of the public debt of the United States, authorised by law, shall not be questioned. This includes debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion.
The Fourteenth Amendment was passed by Congress in 1866 and ratified in 1868, following the Civil War and during the Reconstruction Era. The main goal of this amendment was to guarantee equal rights and protections for all citizens, including those newly emancipated. The Public Debt Clause within this amendment served several purposes.
Firstly, it put beyond question the obligations of the government issued during the Civil War. This included prohibiting the use of federal funds to pay the Confederacy's war debts or compensate former slave owners after the Emancipation Proclamation. It also ensured that debts incurred by the United States government during the war, such as those for suppressing insurrection or rebellion, would be honoured.
Secondly, the Public Debt Clause has a broader connotation, as indicated by its language. It embraces "whatever concerns the integrity of the public obligations" and applies to government bonds issued both before and after the adoption of the amendment. This interpretation was affirmed by Chief Justice Hughes, who stated that the US government has rights and incurs responsibilities similar to those of individuals when making contracts.
The Public Debt Clause has been cited in legal cases such as Perry v. United States (1935), where the Court concluded that a Joint Resolution attempting to override a gold-clause obligation in a government bond exceeded congressional power. However, it is worth noting that the Supreme Court has only once interpreted the Public Debt Clause in a plurality opinion, and never in a majority opinion.
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Ratification process
The ratification process for constitutional amendments in the United States is outlined in Article V of the Constitution. This process involves two methods for proposing and ratifying amendments, both of which require a two-thirds majority. The first method is through a joint resolution passed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification, becoming part of the Constitution once three-fourths (38 out of 50) of the state legislatures have ratified it.
The second method, which has never been utilised, involves a constitutional convention called for by two-thirds of the state legislatures. Amendments proposed through this method must also be ratified by three-fourths of the states, either through their state legislatures or state conventions.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for legal sufficiency and authenticity before acknowledging receipt and maintaining custody of them.
When the required number of authenticated ratification documents is reached, the Office of the Federal Register (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 serves as official notice to Congress and the nation that the amendment process is complete.
It is important to note that the ratification process does not involve a vote by the electorate, and the President does not have a constitutional role in this process. Additionally, while most amendments have included a time limit for ratification, Article V does not specify any time constraints.
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Amendment proposal methods
The Constitution of the United States outlines two methods for proposing amendments:
Congressional Proposal
The first method, which has been used for all 27 amendments to the Constitution, requires a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution. The President does not have a constitutional role in this process, so the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) then adds legislative history notes to the joint resolution and publishes it in slip law format.
Constitutional Convention
The second method involves two-thirds of state legislatures calling for a convention to propose amendments. This method has never been used to propose an amendment.
Once an amendment is proposed, it is submitted to the states for their consideration. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The OFR examines ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody of them. Once the OFR verifies that it has received 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.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments 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 state legislatures. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states.
Passed by the Senate on June 8, 1866, and ratified two years later, the Fourteenth Amendment granted citizenship and equal protection under the laws to all persons "born or naturalized in the United States." It also banned those who had engaged in insurrection against the United States from holding any civil, military, or elected office without the approval of two-thirds of the House and Senate.
The First Amendment prevents Congress from making any laws that would respect an establishment of religion, prohibit the free exercise of religion, abridge the freedom of speech, abridge the freedom of the press, or infringe on the right of people to assemble and petition the government for a redress of grievances.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In contrast, 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.
