Simone Lawson
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 appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. The United States Constitution, for instance, has been amended twenty-seven times since its ratification in 1788, with the first ten amendments, known as the Bill of Rights, being ratified in 1791.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. |
| Types | Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. |
| Procedure | Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. |
| Jurisdictional Differences | In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. 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. |
| Number of Amendments | The number of amendments varies by country. For example, the United States Constitution has been amended twenty-seven times, while the former constitution of the state of Alabama was amended 977 times between 1901 and 2022. |
| Ratification | Amendments become part of the constitution upon ratification. In the United States, an amendment must be ratified by three-fourths of the states (38 out of 50 states). |
| Certification | Once an amendment is ratified, the certification process involves drafting a formal proclamation and publishing it in the Federal Register and U.S. Statutes at Large. The certification process may include the President or other dignitaries. |
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What You'll Learn
How are amendments proposed?
Amendments to a constitution are modifications to the constitution of a polity, organization, or other type of entity. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
There are a number of formal differences, from one jurisdiction to another, in the manner in which constitutional amendments are both originally drafted and written down once they become law. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In Ireland and Australia, amendments are drafted in the form of Acts of Parliament but cannot become law until they have been approved in a referendum. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed.
In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The less common method is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. The use of appended articles of amendment is most famous as a feature of the United States Constitution but is also the method of amendment in a number of other jurisdictions, such as Venezuela.
Article V of the U.S. Constitution establishes two methods for proposing amendments. The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. Since the Founding, Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification. At least 11,000 proposals to amend the Constitution have been introduced in Congress, but only 27 have been ratified.
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What are the requirements for an amendment to pass?
The requirements for an amendment to pass differ from one jurisdiction to another. 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 authority to amend the Constitution is derived from Article V of the Constitution. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states (38 out of 50). The President does not have a constitutional role in the amendment process. The proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed. Once an amendment is ratified, the Archivist of the United States is responsible for administering the ratification process. The Archivist's duties include examining ratification documents for facial legal sufficiency and an authenticating signature, and drafting a formal proclamation to certify that the amendment is valid and has become part of the Constitution.
In other countries, constitutional amendments may originate as bills and become laws in the form of acts of parliament. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but must also be approved in a referendum to become law. In Australia, a majority of voters in a majority of states is required, whereas in Ireland, a simple majority of those voting at the electorate is sufficient. Switzerland follows a procedure similar to Australia's. In Estonia, amendments take the form of acts of parliament but also require a special procedure to come into force. In contrast, the former constitution of the US state of Alabama was amended 977 times between 1901 and 2022, when it was replaced by a new constitution.
Some constitutions have very stringent requirements for amendments. For example, the Constitution of Ethiopia 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. In some cases, the exacting nature of the requirements has resulted in very few or no amendments being passed over several decades. For instance, out of 44 proposed amendments in Australia, only eight have been passed.
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What are the different types of amendment?
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can directly alter the text of an existing constitution or be appended as supplemental additions (codicils), changing the government's framework without altering the original document.
Amendments are often necessary due to the length and detail of state constitutions. The process of amending a constitution varies across jurisdictions. For example, in some countries like Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In contrast, the US Constitution requires ratification by three-fourths of the states (38 states since 1959) through state legislatures or state ratifying conventions.
There have been 27 amendments to the US Constitution, with the first ten known as the Bill of Rights, ratified in 1791. The 13th, 14th, and 15th amendments are the Reconstruction Amendments. The 21st Amendment, ratified in 1933, is unique as it repealed the 18th Amendment, ending prohibition.
The amendment process can be initiated in several ways. Some states allow for the amendment process to begin through the state legislature or by popular initiative. For instance, California allows for amendments to be proposed by the legislature, constitutional convention, or voter initiative, while Texas can only propose amendments through its legislature.
The requirements for ratification also vary. Some states, like California, require a supermajority of two-thirds of each house, while others, like Texas, require a simple majority of voters in a referendum. In some countries, special procedures are mandated, such as Bulgaria's requirement for an election for a Great National Assembly to pass amendments with a two-thirds majority in three successive readings.
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How are amendments recorded?
The process of recording constitutional amendments varies across jurisdictions. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. This involves deleting portions of the original text or inserting new articles among existing ones once an amendment has become law. For instance, the former constitution of the U.S. state of Alabama was amended 977 times between 1901 and 2022.
The second, less common method is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the original text intact. This method is known as a codicil and can change the frame of government without altering the existing text of the document. An example of this method is provided by the 1919 German Weimar Constitution, which allowed any law that reached the necessary supermajorities in both chambers of parliament to deviate from the constitution without becoming part of it.
In the United States, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. 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 (OFR). The OFR examines these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director 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. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and the Nation that the amendment process has been completed. The certification document usually contains a list of the States that ratified the Amendment.
In some instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
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How do amendments affect existing text?
A constitutional amendment is a modification of the constitution of a political or social 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 (codicils), changing the frame of government without altering the existing text of the document.
Amendments can affect existing text in a number of ways. The most common method is for amendments to be interwoven into the relevant sections of an existing constitution, directly altering the text. In this case, portions of the original text may be deleted or new articles may be inserted among existing ones. This method ensures that the constitution is updated to reflect the changes made by the amendment.
Another, less common, method is to append the amendment to the end of the main text as a special article of amendment. This leaves the body of the original text intact but introduces an element of ambiguity. In the event of a conflict between the original text and the amendment, the doctrine of implied repeal usually gives precedence to the article of amendment. However, it may be unclear whether the amendment is intended to supersede or supplement the existing text. To avoid this ambiguity, an article of amendment may explicitly state that it repeals a specific existing article.
The process of amending a constitution can vary across jurisdictions. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but must be approved in a referendum before becoming law. 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.
Amendments can have a significant impact on the interpretation and application of a constitution. They can introduce new provisions, clarify existing ones, or remove outdated or irrelevant sections. In some cases, amendments may even fundamentally change the structure or principles of a government, as seen in the example of the rise of Adolf Hitler in Germany, where a wide conception of "amendment" allowed deviations from the constitution.
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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 are often interwoven into the relevant sections of an existing constitution, directly altering the text.
Amendments to a constitution are usually made through revisions to the previous text. This involves deleting portions of the original text or inserting new articles among existing ones. Amendments can also be appended to the end of the main text, leaving the original text intact.
The process for amending a constitution can vary depending on the jurisdiction. In some countries, amendments originate as bills and become laws through acts of parliament. In other cases, a proposed amendment may originate as a special joint resolution of Congress that does not require the signature or approval of the President. Most constitutions require a special procedure for enacting amendments, such as supermajorities in the legislature or direct approval by the electorate in a referendum.
