Malcolm Rivera
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, changing the frame of government without altering the existing text of the document. The United States Constitution has been amended 27 times since it was ratified in 1788, with the first 10 amendments, known as the Bill of Rights, being passed in 1789 and ratified in 1791. The amendment process is challenging and time-consuming, requiring a two-thirds majority in both houses of Congress.
| Characteristics | Values |
|---|---|
| Definition | A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. |
| Types | Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text; or appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text. |
| Number of Amendments | The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. |
| Difficulty | Amending the US Constitution is a difficult task. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. |
| Procedure | In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed. In Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament, subject to approval in a referendum. |
| Examples | Notable amendments to the US Constitution include the First Amendment, guaranteeing freedom of religion, speech, and the press; and the Twenty-Sixth Amendment, lowering the voting age to 18. |
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What You'll Learn
Amendments are modifications to a constitution
Most constitutions require amendments to go through a special procedure that is more stringent than the process for passing ordinary legislation. This might include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament, but they must be approved in a referendum before becoming law. In contrast, 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.
The process of amending a constitution can be challenging and time-consuming. In the United States, for instance, a proposed amendment must be passed by two-thirds of both houses of Congress before being ratified. As of 2022, the US Constitution has been amended 27 times since it was ratified in 1788, with the first ten amendments, known as the Bill of Rights, being adopted in 1791. Some amendments have become pillars of American law, such as the First Amendment, which protects freedom of religion, speech, and the press. Other amendments, while still technically in effect, have become inconsequential over time.
The number of amendments proposed and adopted can vary significantly across different jurisdictions. For example, Alabama's former constitution was amended 977 times between 1901 and 2022, while Japan has not passed any amendments over several decades. The difficulty of the amendment process has been a topic of debate, with some arguing that it is necessary to ensure the constitution's longevity, while others believe it contributes to political gridlock.
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They can be appended or interwoven into existing text
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be appended to the constitution or interwoven into the relevant sections of an existing constitution.
Amendments that are appended to the constitution are supplemental additions (codicils) that do not alter the existing text of the document. This method of amending a constitution is most famously associated with the United States Constitution, but it is also used in other jurisdictions such as Venezuela. In the US, amendments are appended to the constitution as special articles of amendment, which take precedence over conflicting provisions in the original text or earlier amendments.
Amendments that are interwoven into the existing text of a constitution directly alter the wording of the document. This method of amending a constitution is used in various jurisdictions, including Ireland, Estonia, and Australia, where amendments are drafted as Acts of Parliament and must be approved by a referendum before becoming law.
The process of amending a constitution can be difficult and time-consuming, and it often requires special procedures such as supermajorities in the legislature or direct approval by the electorate in a referendum. In the United States, for example, a proposed amendment must be passed by two-thirds of both houses of Congress before being ratified by three-fourths of the state legislatures. The US Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being adopted in 1791.
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Most constitutions require special procedures to amend
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, 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 two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative. For instance, in Ireland and Australia, amendments are drafted in the form of Acts of Parliament but cannot become law until they have been approved in a referendum. In contrast, 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.
The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. Similarly, the Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply to the passage of constitutional amendments. A bill amending the Constitution must be introduced in the National Assembly and cannot contain any provisions other than constitutional amendments and directly related matters.
The current Constitution of Bulgaria outlines two procedures for amendment, depending on the part of the constitution to be amended. The normal amendment procedure allows the Parliament to amend the Constitution for minor issues with a three-quarters majority or a two-thirds majority upon reintroduction in parliament after two months. The special amendment procedure is the only way to revise international borders, change the form of government, or suspend citizens' rights.
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The US Constitution has been amended 27 times
The purpose of this two-step process is to strike a balance between the need for change and the stability of the Constitution. Amendments can be proposed by members of Congress or by a national convention called by Congress on the application of two-thirds of state legislatures. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with around 200 amendments typically proposed during each two-year term of Congress. However, only a small fraction of these proposals has become part of the Constitution.
Amendments can take two main forms. The most common method is to revise the existing text of the Constitution, deleting or inserting new articles among the existing ones. The second method is to append the amendment to the end of the main text as a supplemental addition, leaving the original text intact. This method, known as a codicil, is famous as a feature of the US Constitution but is also used in other jurisdictions such as Venezuela.
The US Constitution has been amended to address a range of issues, including granting women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age. Other proposed amendments include allowing voluntary school prayer, making English the official language, and abolishing the Electoral College.
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Amendments can be proposed by Congress or a convention
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often directly interwoven into the relevant sections of an existing constitution, 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. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
In the United States, there are two methods by which amendments to the Constitution may be proposed. The first method, which has been used to propose all 27 amendments to the Constitution, involves a two-thirds vote in both houses of Congress. This proposal originates as a special joint resolution of Congress that does not require the signature or approval of the President. Once proposed, the Archivist of the United States administers the ratification process, which requires three-fourths of the states (38 out of 50) to ratify the amendment for it to become part of the Constitution.
The second method, authorized by Article Five of the United States Constitution, involves a convention for proposing amendments. This method has never been used, but it can be triggered when two-thirds of the state legislatures (34 out of 50) apply to Congress for a convention. The convention proposes amendments, which become law only after ratification by three-fourths of the states (38 out of 50).
There are ongoing debates about the specifics of the convention method, including whether a convention can be limited to addressing certain topics or if it has the power to propose anything it sees fit. Some scholars argue that states may determine the scope of an Article V convention by applying for a convention on specific subjects, while others argue that the text of the Constitution provides only for a general convention, not limited in scope.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text.
Amendments to a constitution usually 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 inserted. Amendments can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text.
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 ratified by three-fourths of the States, it becomes part of the Constitution.
There have been 27 amendments to the US Constitution since it was ratified in 1788. The first ten, known as the Bill of Rights, were passed in 1789 and ratified in 1791. The most recent amendment, the 27th Amendment, was ratified in 1992.
