Simone Lawson
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are made to change a country's political system or governing institutions. In the United States, there have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The process of amending the Constitution is outlined in Article V of the Constitution and requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states. Amendments can be proposed by Congress or by a constitutional convention called for by two-thirds of the state legislatures. The amendment process is designed to be difficult and time-consuming to ensure that only significant changes are made to the Constitution.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified December 15, 1791 |
| 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 process | Difficult and time-consuming |
| Amendment examples | Women's right to vote, prohibition, abolishing poll taxes, lowering the minimum voting age |
| Eternity clause | Protects against amendments to fundamental principles |
| Amendment procedure | Special procedures, supermajorities, referendums, popular initiatives |
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What You'll Learn
What is a constitutional amendment?
A constitutional amendment is a modification or alteration to the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly changing the text. They can also be appended to the constitution as supplemental additions, thereby changing the government's framework without altering the existing text.
Constitutions typically 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. A referendum to amend a constitution can also be triggered in some jurisdictions by popular initiative.
In the United States, 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, the Archivist of the United States is responsible for administering the ratification process. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
Amending the US Constitution is a challenging and time-consuming process. Since the Constitution was drafted in 1787, there have been only 27 amendments, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. Notable amendments include the 19th Amendment, which gave women the right to vote, the 18th Amendment, which enacted Prohibition, and the 21st Amendment, which repealed it, and the 26th Amendment, which lowered the minimum voting age from 21 to 18.
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Why are amendments made?
An amendment is an addition or alteration to a constitution, statute, legislative bill, or resolution. Amendments are made to a constitution to fundamentally change a country's political system or governing institutions. The process of amending a constitution is deliberately made difficult and time-consuming to ensure the constitution remains robust and consistent.
In the United States, there have been 27 amendments to the Constitution since it was drafted in 1787. 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 the State legislatures.
Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA adds legislative history notes and publishes the amendment in slip law format, along with an information package for the States. After an amendment is proposed, it is submitted to the State legislatures or a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who then conveys it to the Director of the Federal Register.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the States (38 out of 50). The ratification process is administered by the Archivist of the United States, who heads the NARA. Once an amendment is ratified, the Archivist certifies its validity, and it becomes part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
Some examples of amendments to the US Constitution include the Bill of Rights, which were the first ten amendments, the 14th Amendment, which granted citizenship rights and equal protection under the law, and the 19th Amendment, which gave women the right to vote.
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How are amendments proposed?
The process of proposing amendments differs from country to country. Here is a look at how amendments are proposed in the United States, China, Japan, Greece, Ireland, Australia, and Switzerland.
United States
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments to the US Constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process. The joint resolution is forwarded directly to NARA's 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. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
The other option to propose an amendment is for two-thirds of the state legislatures to ask Congress to call a Constitutional Convention. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once proposed, the amendment is ratified by three-fourths of the states (38 out of 50 states).
China
Amendments to the Constitution of the Republic of China can be proposed upon the proposal of one-fifth of the total number of delegates to the National Assembly and by a resolution of three-fourths of the delegates present at a meeting with a quorum of two-thirds of the entire Assembly.
Japan
Japan's constitution does not allow for amendments.
Greece
The Constitution of Greece can be amended through the terms mentioned under Article 110 beneath "Section II: Revision of the Constitution" of "Part Four: Special, Final, and Transitional Provisions".
Ireland
The Constitution of Ireland can only be modified by referendum, following a proposal approved by the lower and upper houses of the Oireachtas, among citizens entitled to vote for the President. A simple majority is required for the amendment to succeed, and no quorum is necessary.
Australia
Amendments to the Australian constitution must first be passed by the legislature before being submitted to the people. A majority of voters in a majority of states is required for an amendment to be passed.
Switzerland
Switzerland has a procedure similar to that of Australia.
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The ratification process
The process of amending the US Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made either 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.
Once an amendment has been 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 notifies each state's governor of the proposed amendment, and the governors then submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register (OFR). The OFR examines the ratification documents for legal sufficiency and authenticity. 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 is complete.
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Examples of amendments
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.
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 special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.
United States Constitution
The United States Constitution has had 27 amendments, the first 10 of which were ratified simultaneously on December 15, 1791, and are collectively known as the Bill of Rights. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, were also significant. The Twenty-first Amendment, ratified in 1933, is notable for repealing the Eighteenth Amendment and ending the prohibition of alcohol.
Other Countries
- Ireland: The Constitution of Ireland can only be modified through a referendum, following a proposal approved by the lower and upper houses of the Oireachtas. A simple majority of those voting is required for an amendment to succeed.
- Australia: Similar to Ireland, amendments in Australia must first pass through the legislature before being submitted to the people. However, in contrast to Ireland, a more complex set of criteria must be met, including a majority of voters in a majority of states.
- Japan: Japan's constitution has had no amendments passed over several decades due to the exacting nature of the special procedures required.
- Switzerland: Switzerland has a procedure similar to Australia's for amending its constitution.
- Greece: The Constitution of Greece can be amended through the terms mentioned under Article 110, "Section II: Revision of the Constitution".
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Frequently asked questions
An amendment is a change or addition to a law or document, in this case, the Constitution.
Amendments are made to the Constitution to ensure it remains relevant and up-to-date, reflecting the values and needs of the country at any given time.
There have been 27 amendments to the US Constitution since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were added in 1791.
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 requested by two-thirds of state legislatures.
After an amendment is proposed by Congress or a constitutional convention, it must be ratified by three-fourths of state legislatures (38 out of 50 states) to become part of the Constitution. The process is overseen by the Archivist of the United States, who works with the Director of the Federal Register to ensure the amendment's legal sufficiency before certification.
