Simone Lawson
A constitutional amendment bill is a proposal to make changes to a country's constitution, the document that establishes the rules and principles of the country and its government. The process of amending a constitution varies across countries. For example, in the US, the authority to amend the Constitution comes from Article V of the Constitution itself, and amendments can be proposed by Congress or by a constitutional convention called for by two-thirds of state legislatures. On the other hand, Australia and Ireland require all amendments to first be passed by the legislature before being submitted to the people for a vote. In South Africa, a constitutional amendment bill must be introduced in the National Assembly and can only contain provisions related to constitutional changes.
| Characteristics | Values |
|---|---|
| Country | Australia, Ireland, Switzerland, Ethiopia, South Africa, Turkey |
| Amendment Process | Passed by the legislature before being submitted to the people, passed by both houses of the Parliament of Australia, passed by a two-thirds majority of the country's regions, passed by an Act of Parliament, passed by an absolute two-thirds supermajority in the National Assembly, passed by both houses of Parliament |
| Number of Amendments | 44 in Australia, 977 in Alabama, 27 in the US |
| Time Taken | 8 amendments passed in Australia over several decades, none in Japan, 977 amendments in Alabama between 1901 and 2022 |
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What You'll Learn
The US Constitution and Amendments
The US Constitution is a foundational document that establishes the structure and principles of the US federal government. It was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution consists of a preamble, seven articles, and 27 amendments.
The first 10 amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791. These amendments were proposed by the First Congress of the United States in 1789 and address fundamental rights and freedoms, such as freedom of speech, religion, and the press, as well as the right to bear arms and protection from unreasonable searches and seizures.
The process of amending the Constitution is outlined in Article Five of the original document. It requires a proposal by a two-thirds majority vote in both houses of Congress or by a constitutional convention requested by two-thirds of the state legislatures. The proposed amendment then needs to be ratified by three-fourths of the state legislatures or by special ratifying conventions in three-fourths of the states.
Since the Bill of Rights, 17 additional amendments have been added to the Constitution. These amendments address a range of issues, including slavery, citizenship, voting rights, and the election process. The most recent amendment, the 27th Amendment, was ratified in 1992, over 200 years after it was first proposed in 1789, and deals with congressional salary increases.
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The Bill of Rights
A constitutional amendment bill is a type of legislation that proposes changes to a country's constitution. In the United States, the Bill of Rights is the collective term for the first ten amendments to the US Constitution.
The US Constitution was written in 1787 by delegates from 12 states, and it established a federal system with a national government composed of three separate powers. However, the Anti-Federalists believed that the Constitution gave too much power to the federal government and not enough protection to individual liberties. James Madison, then a member of the US House of Representatives, attempted to alter the Constitution's text, but several representatives objected, saying that Congress had no authority to do so. As a result, Madison's changes were presented as a list of amendments that would follow Article VII.
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and they became the first 10 amendments of the Constitution, or the Bill of Rights. These amendments were designed to limit government power and protect individual liberties.
The first ten amendments, or the Bill of Rights, include:
- Freedoms and Petitions: Congress shall make no law respecting an establishment of religion, prohibiting its free exercise, or abridging freedom of speech, the press, and the right to assemble and petition the government.
- Right to Bear Arms: The right of the people to keep and bear arms shall not be infringed.
- Quartering of Soldiers: No soldier shall be quartered in any house in time of peace without the owner's consent or in time of war without prescribed legal means.
- Search and Arrest: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall be issued without probable cause.
- Rights in Criminal Cases: Additional protections for people accused of crimes, such as the right to a speedy and public trial by an impartial jury, to be informed of criminal charges, to face witnesses, and to have their own witnesses and legal representation.
- Right to a Fair Trial: Extends the right to a jury trial in federal civil cases.
- Rights in Civil Cases: Addresses bail, fines, and punishment.
- Rights Retained by the People: Listing specific rights in the Constitution does not deny other rights retained by the people that are not specifically mentioned.
- States' Rights: Powers not delegated to the United States by the Constitution are reserved for the states or the people.
- Reserved Powers: The powers of the federal government are limited to those specifically granted in the Constitution.
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The Amendment Process
The process of amending a constitution varies across different countries. For instance, in the United States, the authority to amend the Constitution comes from Article V of the Constitution. The US Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process. The amendment is then sent to the National Archives and Records Administration (NARA) for processing and publication. Once the required number of authenticated ratification documents are received, a formal proclamation is drafted 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 of the amendment's completion.
In Australia, a constitutional amendment bill must first be passed by both houses of the Parliament of Australia by an absolute majority. If one house passes the bill and the other refuses, the bill may be attempted again. If the second house refuses again, the Governor-General may submit the proposed change for a referendum, where Australians vote on the proposal. For the referendum to succeed, a majority of states must agree to the proposal.
In Ethiopia, the Constitution can only be modified by a two-thirds majority of the country's regions, as well as a two-thirds majority of a joint session of the Federal Parliamentary Assembly, according to Article 105. However, Chapter Three and Articles 104 and 105 are nearly impossible to amend as they require the total consensus of the federal regional states and two-thirds of each house of Parliament.
In South Africa, a constitutional amendment bill must be introduced in the National Assembly, containing only provisions related to constitutional amendments. Most amendments need to be passed by an absolute two-thirds supermajority in the National Assembly, which is the lower house.
In Turkey, the President of the Republic may send back laws on constitutional amendments to the Grand National Assembly for reconsideration. If the Assembly readopts the law with a two-thirds majority, the President may submit it to a referendum. If the law is adopted with less than a two-thirds majority and is not sent back for reconsideration, it is published in the Official Gazette and submitted to a referendum.
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Ratification
The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were ratified on December 15, 1791, and are known as the Bill of Rights.
The authority to amend the Constitution is derived from Article V of the Constitution. 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 by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format.
When an amendment is proposed, governors then formally submit it to their state legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once the OFR 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, serving as official notice to Congress and the nation that the amendment process has been completed. The signing of this certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
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The Indian Constitution
The process of amending the Constitution of India involves making changes to the nation's fundamental or supreme law. The procedure for amendment is laid down in Part XX (Article 368) of the Constitution. This procedure ensures the sanctity of the Constitution and keeps a check on the arbitrary power of Parliament.
There are three types of amendments to the Constitution of India. The first type of amendment must be passed by a "simple majority" in each house of Parliament. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures.
The Constitution (Twenty-fourth Amendment) Act, 1971, for example, amended Article 13 to make it clear that Article 368 provides for the amendment of the Constitution and the procedure for doing so. It also amended Article 368 itself to specify that when a Constitution Amendment Bill is passed by both Houses of Parliament, the President should give his assent.
Another example is the Constitution (Forty-second Amendment) Act, 1976, which amended the Preamble to the Constitution to include the words "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC". This amendment sought to expressly spell out the high ideals of socialism, secularism, and the integrity of the nation.
The Constitution (Fifty-second Amendment) Act, 1985, is another illustration of a constitutional amendment bill. This bill made provisions regarding splits and mergers of political parties and the disqualification of members of Parliament or State Legislatures on the grounds of defection.
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Frequently asked questions
A constitutional amendment bill is a proposed change to the constitution. In the US, there have been 27 amendments to the Constitution, beginning with the Bill of Rights, which consists of the first 10 amendments.
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in 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 as soon as it is ratified by three-fourths of the States (38 out of 50).
The first ten amendments to the US Constitution, known as the Bill of Rights, include the right to freedom of speech and freedom of religion, the right to bear arms, and protection from unreasonable government intrusion into citizens' homes.
