Omar Bennett
A constitutional amendment is a modification or change 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 altering the text. They can also be appended to the constitution as supplemental additions, changing the government's framework without altering the existing text of the document. Amendments are typically enacted through a special procedure that is more stringent than the process for passing ordinary legislation. An amendment alters the content of a constitutional text in a formal way.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a change or addition to an existing text or document. |
| Purpose | To adjust provisions that are inadequate, respond to new needs, or supplement rights. |
| Process | Amendments are proposed and passed by a legislative body, such as Congress, with a two-thirds majority vote in both houses. |
| Ratification | Requires ratification by state legislatures or special ratification conventions in a specified number of states (e.g., three-fourths in the US). |
| Effect | Alters the content of the constitution, becoming part of it, and may add, alter, or remove powers or rights. |
| Difficulty | Requires a higher standard than a simple majority, making it difficult to amend (e.g., only 27 amendments in US history). |
| Protection | The constitution needs protection from short-sighted or partisan amendments. |
| Precedence | Amendments take precedence over conflicting provisions in the original text or earlier amendments. |
| Jurisdiction | Procedures vary across jurisdictions, with some requiring referendums or supermajorities for approval. |
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What You'll Learn
Why amend a constitution?
A constitution is a framework for how a country exists and sets out the process by which laws are made. An amendment to a constitution is a change or addition to the existing text. 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, changing the frame of government without altering the existing text of the document.
Constitutions need to be amended to adjust provisions that are inadequate, to respond to new needs, and to supplement rights. Without amendments, the text of a constitution cannot reflect social realities and political needs over time. For example, the Thirteenth Amendment to the US Constitution ended slavery, the Fifteenth Amendment extended voting rights to all races, and the Nineteenth Amendment extended voting rights to women. The Twenty-Sixth Amendment lowered the voting age, while the Eighteenth Amendment prohibited the use of alcohol, and the Twenty-First Amendment repealed Prohibition.
The process of amending a constitution is usually more stringent than the process for passing ordinary legislation. This is to protect the constitution from short-sighted or partisan amendments. In most jurisdictions, amendments take the form of revisions to the previous text. 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.
Amendments are an important way to make fundamental changes to the constitution, which will, in turn, alter whether certain laws are allowed. They can be used to remove an issue from year-to-year consideration by Congress and the states, settling the issue and preventing political winds from changing it without a huge amount of work.
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How is an amendment made?
The process of making an amendment to a constitution varies across different countries. Here is a description of the amendment process for a few countries:
United States
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted in 1791. The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment can be proposed by 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 must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
Netherlands
To amend the Constitution of the Netherlands, a proposed law (voorstelwet) must first be passed by a simple majority in the lower house of parliament. After the lower house is dissolved and new elections are held, the proposal is considered again. To become an official amendment, the change must be passed by a two-thirds majority in both houses of parliament.
Poland
According to Article 235 of the Polish Constitution, a bill to amend the Constitution can be submitted by at least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic. The amendment must then be adopted by the Sejm (the lower house of the Polish parliament) and, within 60 days, by the Senate, using the same wording. The first reading of the bill can take place no sooner than 30 days after its submission to the Sejm.
Greece
The Constitution of Greece can be amended according to the procedures outlined in Article 110, "Section II: Revision of the Constitution" in "Part Four: Special, Final, and Transitional Provisions".
Ireland
The Constitution of Ireland can only be modified through a referendum. The amendment process begins with a proposal approved by the lower and upper houses of the Oireachtas, and the amendment is successful if it receives a simple majority of votes.
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What is the role of the President?
An amendment to a constitution is a formal change or addition to the existing text of a constitution. It is necessary to amend a constitution to adjust provisions that are inadequate, respond to new needs, and supplement rights. This ensures that the text of a constitution reflects social realities and political needs over time.
Now, regarding the role of the President in the context of amendments to the constitution:
The President does not have a formal constitutional role in the amendment process. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the process for proposing and ratifying amendments. While the President may play an informal, ministerial role in the amendment process, the Supreme Court has articulated that they are not directly involved in the proposition or adoption of amendments.
However, in recent history, the President has been included in the ceremonial function of signing the certification of an amendment's completion. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Additionally, it is worth noting that the 25th Amendment to the U.S. Constitution outlines specific provisions regarding the President's role. This amendment addresses situations such as the removal, death, or resignation of the President, as well as instances where the President declares their inability to discharge the powers and duties of their office. In such cases, the Vice President assumes the role of Acting President until the President resumes their duties or a new President is nominated and confirmed by a majority vote of both Houses of Congress.
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What are the different types of amendments?
Amendments to a constitution are modifications to the constitution of a polity, organization, or other types of entities. There are different procedures for amending a constitution, and these vary across jurisdictions. For example, in 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.
There are several types of amendments, and they can be categorized based on their content, scope, and the procedure used to enact them. Here are some examples of different types of amendments:
- Substantive Amendments: These amendments introduce significant changes to the constitution, such as adding new rights or altering the structure of the government. An example is the 14th Amendment to the US Constitution, which granted citizenship and equal protection under the law to all persons born or naturalized in the United States.
- Procedural Amendments: These amendments focus on modifying the procedures outlined in the constitution, such as the amendment process itself or the rules governing elections. An example is the 26th Amendment to the US Constitution, which lowered the voting age to 18 years old.
- Clarifying Amendments: These amendments are designed to clarify the meaning or interpretation of existing provisions in the constitution. They may address ambiguities or provide further details to ensure consistent application.
- Superseding Amendments: In some cases, an amendment may supersede or replace a portion of the existing constitution. For instance, the 21st Amendment to the US Constitution, ratified in 1933, repealed the 18th Amendment (ratified in 1919), thereby ending prohibition.
- Supplemental Amendments: Instead of altering the existing text of the constitution, these amendments are appended as supplemental additions (codicils). They change the frame of government without modifying the original document.
- Technical Amendments: These amendments are made to address technical or administrative aspects of the constitution, such as updating language or correcting errors.
The process for enacting amendments can also vary, as demonstrated by the special amendment procedure outlined in Articles 157–163 for Bulgaria. This procedure is required for revising international borders, changing the form of government, altering the application of the Constitution and international treaties, or suspending citizens' rights. It involves an election for a Great National Assembly, followed by a two-thirds majority passing the amendments in three successive readings.
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What are some examples of amendments?
A constitutional amendment is a formal alteration to the content of a constitution. Over time, constitutions need to be amended to adjust provisions that are inadequate and to respond to new needs, including supplementing rights.
The United States Constitution has been amended 27 times since it was ratified in 1788. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. These amendments protected the rights and freedoms of citizens and clarified that rights not explicitly given to the federal government belonged to the states and the people.
- The Thirteenth Amendment, which ended slavery.
- The Fifteenth Amendment, which extended voting rights to all races.
- The Nineteenth Amendment, which extended voting rights to women.
- The Twenty-Second Amendment, which limited presidents to two terms in office.
- The Twenty-Sixth Amendment, which lowered the voting age to 18.
- The Eighteenth Amendment, which prohibited the use of alcohol.
- The Twenty-First Amendment, which repealed Prohibition.
- The Twenty-Seventh Amendment, which requires that any changes in pay for members of Congress cannot be implemented until after an election.
The process of amending the US Constitution is outlined in Article V of the Constitution. It requires a proposal by two-thirds of both houses of Congress, followed by ratification by three-fourths of the states. This process ensures that any changes to the Constitution are carefully considered and broadly supported.
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Frequently asked questions
An amendment to a constitution 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. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document.
Constitutions need to be amended to adjust provisions that are inadequate, to respond to new needs, and to supplement rights. Without amendments, the text of a constitution cannot reflect social realities and political needs over time.
Amendments to a constitution are made 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. In the United States, amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The amendment is then sent to the governor of each state, and at least three-fourths of the states must ratify the amendment for it to become part of the Constitution.
