Eleanor Finch
An amendment is a change or addition to a law, contract, or government document. In the context of government, the term amendment usually refers to a change or addition to a constitution. Amendments can be made to existing constitutions, statutes, and legislative bills. The process of amending a constitution typically involves a more stringent procedure than passing ordinary legislation, such as supermajority approval in the legislature or direct approval by the people through a referendum. The most well-known example of constitutional amendments is the Bill of Rights, which comprises the first ten amendments to the US Constitution.
| Characteristics | Values |
|---|---|
| Definition | A change or addition to a law, contract agreement, government document, or the constitution of a government |
| Number of amendments to the U.S. Constitution | 27 |
| First 10 amendments | Called the Bill of Rights |
| Approval by Congress | Two-thirds of the members of each house |
| Ratification | Required from three-fourths of the states |
| Ratification by state legislatures or popularly elected conventions | Depends on Congress's decision |
| Ratification in U.S. states | Approval by voters in a popular referendum |
| Initiation of amendment proposal | Two-thirds of the states or two-thirds of the members of the Senate and two-thirds of the members of the House of Representatives |
| Example of an amendment | 19th Amendment to the U.S. Constitution gave women the right to vote |
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What You'll Learn
Amendments to a contract
An amendment is a change or addition to a law, usually referring to a change in the constitution of a government. In the context of contracts, an amendment is a change, clarification, deletion, or correction to an existing contract that all parties must agree to. Also known as contract variations, contract amendments are documents used to make mutually agreed-upon changes to a pre-existing contract.
For example, if your IT company buys laptops from a computer company and the selling company informs you of a price increase two days after signing the purchase agreement, you can agree to the new price and create a contract amendment, which both parties will sign. Amendments can also help avoid contract breaches when external circumstances make it impossible to adhere to the original contract terms. For instance, during the COVID-19 pandemic, many companies amended contracts to account for shorter working hours, staff shortages, supply shortages, and compliance with government guidelines.
It is important to note that contract amendments are distinct from contract addendums. While amendments change the original contract terms, addendums keep the original terms and add new ones. For example, an amendment would change the price of laptops, whereas an addendum would add more detail to the agreement by specifying the model and make of the laptops.
Contract amendments are legally binding when all the necessary elements are present, and they can be created using digital contracting software. Amendments should be made in writing, and certain types of amendments may be required by law to be in writing, such as amendments for transfers of real or intangible property and certain financial contracts. Verbal amendments may be recognized by courts, but they can be challenging to enforce. To avoid confusion, it is best to put amendments in writing and ensure they are signed by all parties.
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Amendments to a constitution
An amendment is a change or addition to a law. The word is often used to refer to changes made to the constitution of a government. Amendments to a constitution are usually made to address perceived deficiencies in the original document, such as a failure to protect certain rights of the people.
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 US Constitution is a two-step process. First, an amendment must be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress on the application of two-thirds of the states. The second step is for the amendment to be ratified or approved by the legislatures of three-fourths of the states.
The US Constitution has been amended to address a variety of issues, including the protection of certain rights, such as freedom of speech and the right to peaceful assembly, and to grant important rights to citizens, such as the right to vote for women. The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments, addressing issues related to slavery and involuntary servitude, citizenship, and due process of law.
Amending a constitution is a significant undertaking and the process is designed to strike a balance between the need for change and the need for stability. As such, the process of proposing and ratifying amendments can be lengthy and challenging, ensuring that any changes made are well-considered and broadly supported.
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Amendments to statutes
An amendment is a change or addition to a law. The word usually refers to a change to the constitution of a government. 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. These amendments relate to how the government is run, how people are elected to public offices, and the rights of the people. For example, the 19th Amendment to the U.S. Constitution gave women the right to vote.
The process of amending the Constitution in the United States is a two-step process. The first step is for two-thirds of the members of the Senate and two-thirds of the members of the House of Representatives to vote for the amendment, or for two-thirds of the states to call for it. The second step is for the amendment to be ratified, or approved, by the legislatures of three-fourths of the states. This process is designed to strike a balance between the need for change and the stability of the law.
In the United States, Congress has enacted statutes governing the constitutional amendment process. When a constitutional amendment is sent to the states for ratification, the Archivist of the United States is responsible for administering the ratification process. Once an amendment is properly ratified, the archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
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Amendments to legislative bills
An amendment is a change or addition to a law. It usually refers to a change in the constitution of a government. 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. These amendments were proposed by Congress and ratified by the legislatures of the states, as outlined in Article Five of the original Constitution.
The first opportunity to amend a bill typically occurs during the committee stage. After a bill is introduced, it is usually referred to a committee for further consideration and debate. During this stage, committee members may propose amendments to the bill, which are then debated and voted on by the committee members. If an amendment is adopted by the committee, it becomes part of the bill as it moves forward in the legislative process.
Another opportunity to amend a bill occurs during the floor debate in the full legislative body. After a bill is reported out of committee, it is typically scheduled for a vote by the entire legislative body. Before the final vote, legislators may offer amendments to the bill, which are then debated and voted on by the full body. Depending on the rules of the legislative body, there may be limits on the types of amendments that can be offered or the number of amendments that can be proposed.
In some cases, amendments to legislative bills may also be introduced during a conference committee. If a bill passes both houses of a legislature in different forms, it is often referred to a conference committee, which is made up of members from both houses. The committee works to reconcile the differences between the two versions of the bill and may also introduce additional amendments. Once the committee reaches an agreement, the amended bill is sent back to both houses for a final vote.
The process of amending legislative bills allows for flexibility and compromise in the law-making process. It enables legislators to address concerns, incorporate new information, and find common ground on complex issues. By allowing for amendments, the legislative process can better reflect the diverse interests and perspectives of those involved in creating and passing laws.
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Amendments to resolutions
An amendment is a change or addition to a law, usually referring to a change in the constitution of a government. In the United States, there have been 27 amendments to the Constitution, with each state having its own constitution.
Matters concerning the operations of both the House of Representatives and the Senate are typically addressed through concurrent resolutions, while a simple resolution is used for issues concerning only one of these bodies. Concurrent resolutions originating in the House of Representatives are designated "H.Con.Res." followed by a unique number.
In the context of Native Corporations, amendments to articles of incorporation or resolutions are considered by the board of directors, who may approve them in accordance with the bylaws. If approved by the board, the amendment or resolution is put to a vote by the shareholders at the next annual meeting or a special meeting. The approval of an amendment or resolution typically requires a majority vote, but in some cases, a greater proportion of votes may be necessary.
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Frequently asked questions
An amendment is a change or addition to a law, contract agreement, or government document. In the context of government and law, an amendment refers to an addition or alteration to a constitution, statute, legislative bill, or resolution. Amendments can be made to existing constitutions, statutes, and bills during their passage through a legislature.
There have been 27 amendments to the US Constitution since it was ratified in 1788. The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and include the right to freedom of speech, freedom of religion, and freedom of assembly. Another example is the 19th Amendment, which granted women the right to vote.
Amending the US Constitution typically involves a two-step process. First, two-thirds of the members of the Senate and two-thirds of the members of the House of Representatives must vote in favor of the amendment. Alternatively, two-thirds of the states can call for an amendment. Second, the amendment must be ratified by three-fourths of the states, either through state legislatures or popularly elected conventions.
