Jonah Patel
A formal revision to a constitution is referred to as a constitutional amendment. The process of amending a constitution varies across different countries and states. For instance, in the United States, the amendment process is initiated 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. On the other hand, the California State Constitution can be amended through the legislature, a constitutional convention, or a voter initiative, each requiring a majority vote. In Belgium, the federal legislative power, consisting of the King and the Federal Parliament, is responsible for amending the constitution.
| Characteristics | Values |
|---|---|
| Definition | A formal revision to the constitution is a fundamental and holistic change to a state's constitution. |
| Process | The process of formal revision to the constitution varies across different countries and states. In the United States, it involves proposing an amendment, obtaining approval, and ratifying the changes. In Belgium, it involves declarations of revision, dissolution of the Federal Parliament, and elections before amendments can be made. |
| Proposing Amendments | Amendments can be proposed by legislative bodies, constitutional conventions, or through other methods like voter initiatives or international treaties. |
| Approval | Amendments typically require approval by a supermajority, which is 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. |
| Ratification | Ratification processes may vary, but they generally involve obtaining approval from a specified number of states or legislative bodies. In the US, an amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). |
| Textual Changes | Amendments can result in revisions to the previous text, including deleting portions or inserting new articles among existing ones. Alternatively, amendments can be appended to the end of the main text as special articles, leaving the original text intact. |
| Limitations | Some constitutions have specific articles or principles that cannot be amended or revised, such as those pertaining to human rights, democracy, and the republican form of government. |
| Difficulty | The amendment process is generally designed to be difficult and time-consuming to ensure that changes have a major impact and are not made frivolously. |
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What You'll Learn
The US Constitution's formal revision process
The amendment process does not involve the President and is instead proposed by Congress in the form of a joint resolution. This resolution is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, creating an information package for the States.
The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and authenticating signatures. Once a proposed amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution.
The OFR then drafts a formal proclamation for the Archivist to certify the amendment's validity, publishing it in the Federal Register and U.S. Statutes at Large. This certification serves as official notice to Congress and the Nation that the amendment process is complete.
While the term "constitutional revision" is used in the context of changes to a state constitution, it differs from a constitutional amendment in that it represents a fundamental and holistic change. A constitutional amendment, on the other hand, amends specific articles or sections of a state's constitution.
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Amendments to the California State Constitution
A formal revision to the constitution is known as a constitutional amendment.
The California Constitution is one of the longest in the world, and it has been amended and revised numerous times since its original drafting in 1879. The constitution-making process in California is unique, with several factors contributing to its length. One of the key reasons is the influence of previous Mexican civil law, which differs significantly from other state constitutions in the US.
The people of California have the power to directly add, repeal, or amend provisions of the California Constitution through ballot propositions. These propositions can be proposed by the legislature or by citizens and are placed on the ballot after meeting the required number of voter signatures. From 1911 to 1986, the California Constitution underwent over 500 amendments or revisions, and since its enactment, it has been amended an average of five times each year.
There are three methods for proposing an amendment to the California State Constitution: by the legislature, by constitutional convention, or by voter initiative. A proposed amendment must be approved by a majority of voters. The legislative method requires approval by a two-thirds supermajority in each house, while the convention method allows voters to decide on calling a convention to revise the Constitution.
The California Constitution has been amended to include specific provisions, such as defining English as the official language and establishing a compensation commission. It also includes unique protections, such as strongly defending the corporate existence of cities and counties and granting them broad home rule powers.
The California Supreme Court has ruled on several occasions whether a proposition is a constitutional amendment or a constitutional revision. For example, in Strauss v. Horton (2009), the court decided that Proposition 8, which defined marriage as between one man and one woman, was an amendment rather than a revision.
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The German Basic Law forbids certain amendments
A formal revision to a constitution can be referred to as a constitutional amendment. While the exact definition of a constitutional revision differs from state to state, it generally refers to a fundamental and holistic change to a state's constitution. On the other hand, a constitutional amendment is written to amend specific articles or sections of a state's constitution.
The German Basic Law, also known as the Grundgesetz, is the constitution of the reunified Germany that came into effect on 23 May 1949. It was initially intended as a provisional constitution for a West German state, as indicated by its name, but it was retained as the definitive constitution after German reunification in 1990.
The German Basic Law does forbid certain amendments, as outlined in Article 79 (3). Specifically, it forbids modifications to the federal nature of the country and any changes to Article 1, which pertains to human dignity and fundamental human rights, and Article 20, which pertains to democracy, republicanism, the rule of law, and the social nature of the state. These prohibitions were included to prevent a recurrence of events like the Nazi Gleichschaltung, where Hitler used legally valid constitutional law to effectively abolish the constitution.
While the German Basic Law does restrict amendments to certain articles, it also includes provisions for amendment and revision. For example, Article 146 originally stipulated that a reunified Germany would adopt a new constitution "freely adopted by the German people." However, when reunification occurred in 1990, the Bundestag (German Parliament) chose to amend Article 146 and retain the Basic Law as the definitive constitution. Additionally, Article 79 (1a) grants the Bundestag and the Bundesrat the right to challenge legislative acts of the European Union that infringe on the principle of subsidiarity. Article 20 also outlines the role of the Bundesrat in commenting on and approving bills, including those that pertain to amending the Basic Law.
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The Belgian Constitution's amendment process
A formal revision to the constitution is known as a constitutional amendment or constitutional revision. While similar, the two terms are distinct. A constitutional amendment is written to amend specific articles or sections of a constitution, whereas a constitutional revision refers to a fundamental and holistic change to a constitution.
The Belgian Constitution has been amended 29 times since the coordinated text of 17 February 1994 was published in the Belgian Official Journal. 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. The amendment process is governed by the provisions of Title VIII of the Constitution, which is aptly titled "The revision of the Constitution".
To amend the Constitution, the federal legislative power must declare the reasons for revising the Constitution, 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 take place. This ensures that the Constitution cannot be amended without an intervening election.
After the election, the new Federal Parliament can amend the articles that have been declared revisable. Neither Chamber can consider amendments unless at least two-thirds of its members are present, and a two-thirds majority is also required to pass an amendment. Amendments can take the form of revisions to the previous text, where portions of the original text may be deleted or new articles inserted. Alternatively, amendments can be appended to the end of the main text, leaving the original text intact.
It is worth noting that Article 196 of the Belgian Constitution restricts the Federal Parliament's ability to amend the Constitution during times of war or when the Federal Parliament cannot freely assemble in Belgium.
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The difference between constitutional amendments and revisions
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. 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 are typically proposed by a legislature or constitutional convention, and must be approved by a majority of voters.
A formal revision to the constitution is called a constitutional revision. A constitutional revision differs from a constitutional amendment in that it is a fundamental and holistic change to a state's constitution. It alters basic principles in the constitution, such as the principle of separation of powers or the system of checks and balances. It also alters the substantial entirety of the constitution, as it affects multiple substantial provisions.
In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. This means that once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. A 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 process of amending a constitution varies across jurisdictions. For example, in the United States, the authority to amend the Constitution is derived from Article V of the Constitution. After Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, the Archivist of the United States administers the ratification process. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states.
In California, there are three methods for proposing an amendment to the state constitution: by the legislature, by constitutional convention, or by voter initiative. In Belgium, the federal legislative power, consisting of the King (Federal Government) and the Federal Parliament, can amend the Constitution by declaring the reasons for revision in accordance with Article 195. This involves two Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and Federal Government. Following this, the Federal Parliament is dissolved, and a new federal election must take place before the Constitution can be amended.
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Frequently asked questions
A formal revision to the constitution is called a constitutional amendment.
The process of amending the constitution is a difficult and time-consuming task. It involves proposing an amendment, which can be done 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 proposed, the amendment must be ratified by three-fourths of the states.
A constitutional amendment is written to amend specific articles or sections of a state's constitution. On the other hand, a constitutional revision is a fundamental and holistic change to a state's constitution. While amendments can be proposed by Congress or a constitutional convention, revisions typically require a state constitutional convention.
