Jonah Patel
Amendments and laws are two very different things. Laws are created by Congress and approved by the president, and there are thousands of them. Amendments, on the other hand, are changes to the constitution, which is the supreme law of the land. Amendments are above laws in the hierarchy, and they cannot be overturned except by another amendment. Amendments are harder to pass than laws and require approval by Congress and ratification by the states. They are like remodelling a house, changing its fundamental structure, while laws are more like repainting or buying new furniture.
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What You'll Learn
Amendments are above laws in the hierarchy
Amendments are modifications of the Constitution of a polity, organisation, or other types of entities. They can be interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended to the constitution as supplemental additions (codicils), thereby changing the frame of the government without altering the existing text of the document. Amendments are changes to the Constitution, which is the supreme law of the land. No law or regulation that conflicts with an amendment is allowed to stand as it would be deemed unconstitutional.
In the United States, laws are made by Congress and approved by the President. However, Congress can pass a law without the President's approval by overruling the President with a two-thirds majority vote. Nevertheless, no law can be made that contradicts the Constitution. For example, a law cannot state that "every state gets 3 senators" because the Constitution stipulates that each state gets 2. Similarly, a law cannot legalise slavery because the 13th Amendment to the Constitution prohibits it. The Supreme Court and other courts decide which laws align with the Constitution.
Amendments are in a hierarchy above laws, and all passed laws must be compatible with the existing amendments. Amendments have to pass through Congress and be ratified by the states. For example, before 1919, states and Congress could restrict voting rights based on sex, which effectively prevented women from voting in most of the United States. While some states allowed partial or full voting rights for women, they could revoke those rights at any time. The 19th Amendment changed this by prohibiting the denial of voting rights based on sex.
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Amendments directly alter the constitution
Amendments and laws differ in their function and the processes through which they are passed. While laws are made by Congress and approved by the President, amendments are changes to the constitution, which directly alter the text of the constitution and are above all other laws.
Amendments are a level above laws and are often interwoven into the relevant sections of an existing constitution, directly modifying the text. They can also be appended as supplemental additions (codicils), thereby changing the frame of government without altering the existing text. Amendments are typically enacted through special procedures that are more stringent than those for passing ordinary legislation. For example, in the United States, amendments must pass by Congress and be ratified by the states.
The process of amending a constitution varies across different countries. For instance, the Constitution of Spain can be amended through procedures detailed in "Part X: Constitutional Amendment", while the Swedish Constitution consists of four fundamental laws that can be amended through specific processes outlined in the Instrument of Government.
Amending a constitution is a significant undertaking, often requiring broad approval and a lengthy process. It involves fundamentally changing the framework within which laws are created and enforced. This distinction is crucial, as it ensures that the core principles of a nation or entity, as enshrined in its constitution, are not easily altered but are instead resilient and enduring.
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Laws are made by Congress and approved by the president
In the United States, laws are made by Congress and approved by the president. If the president decides not to approve a law, Congress can overrule the president with a two-thirds majority vote. However, it's important to note that no law can contradict the Constitution. The Constitution is the supreme law of the land, and any law conflicting with it is considered unconstitutional and cannot stand. The Constitution sets broad, fundamental guidelines, and laws provide specific instructions within those guidelines. For example, if the Constitution says, "be a good person," a law would define what being a "good person" means in the context of family interactions.
Amendments, on the other hand, are changes to the Constitution itself. They are a level above laws and can't be overturned except by another amendment. The process of amending the Constitution is lengthy and typically involves most states individually approving the change. Amendments are often interwoven into the relevant sections of the Constitution, directly altering the text. They can also be appended as supplemental additions, changing the frame of government without altering the existing text.
The distinction between laws and amendments can be understood by thinking of a house. Passing a law is like repainting or buying new furniture; it changes the appearance without fundamentally altering the structure. In contrast, amending the Constitution is like remodelling the house by removing or relocating walls and plumbing. It not only changes the appearance but also transforms the very dimensions of the home.
The motivation for amending the Constitution instead of passing a law arises when there is a conflict between a law and the Constitution, or when an overarching ruling or a fundamental process change is required. Amendments are typically restrictions on the government, while most laws are restrictions on people. For example, the 13th Amendment abolished slavery, and no law contradicting it can be made or upheld.
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Laws can be revoked after each election
A constitutional amendment is a modification of the constitution of a country, organisation, or another type of entity. Amendments are either woven into the existing sections of a constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. Amendments are in a hierarchy above laws and thus take precedence over them.
Laws, on the other hand, are restrictions on the people and are passed by Congress and approved by the President. If the President does not approve, Congress can overrule the President with a two-thirds majority vote. However, no law can contradict the Constitution, and the Supreme Court decides which laws fit with the Constitution and which do not.
Since amendments are above laws in the hierarchy, they cannot be overturned except by another amendment. Amendments are also more stringent than laws in terms of the process for their passing. For example, in the US, amendments have to be passed by Congress and ratified by the states.
Now, coming to the point about laws being revoked after each election, this is indeed true. After each election, a law can be revoked, changed, or left alone. This is because the Constitution sets broad, fundamental guidelines, and laws are specific directives that are based on those guidelines. Thus, laws can be changed more easily than the Constitution, which requires an amendment to be modified.
To summarise, while amendments are changes to the Constitution and are above laws in the hierarchy, laws are specific restrictions on people that are passed by Congress and approved by the President. Laws can indeed be revoked after each election, as they are not as fundamental as amendments and are thus easier to change.
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Amendments require ratification by the states
Amendments are modifications to the constitution of a polity, organization, or other type of entity. They are often interwoven into the relevant sections of an existing constitution, directly altering the text. In contrast, laws are the rules and regulations that are created within the framework established by the constitution.
In the United States, for example, the Constitution is the supreme law of the land, and any law or regulation that conflicts with it is considered unconstitutional and is not allowed to stand. The Constitution sets broad, fundamental guidelines, while laws provide more specific instructions for particular situations within those guidelines. For instance, if the Constitution says to "be a good person," a law might define what being a "good person" means in the context of family interactions.
Amendments to the Constitution are a level above laws and require a more stringent process for approval. In the U.S., amendments must pass by Congress and be ratified by the states. This typically involves a lengthy process where most states must approve the amendment individually. On the other hand, laws can be made by Congress and approved by the President, or Congress can override a presidential veto with a two-thirds majority vote.
The ratification process for amendments ensures that any changes to the Constitution are carefully considered and broadly supported by the states. This helps maintain the stability and integrity of the constitutional framework. It's worth noting that the specific procedures for amending a constitution can vary from country to country. For example, the Swedish Constitution outlines a process that involves the Riksdag taking two identical decisions separated by a general election to amend its fundamental laws.
In summary, amendments are changes to the constitution itself, while laws are the specific rules and regulations created within the framework set by the constitution. Amendments typically require a more rigorous ratification process, including the approval of the states, reflecting their fundamental nature and importance in governing the country.
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Frequently asked questions
An amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are either 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 of the document.
A law is a rule enacted by a legislative body that dictates what people should do in a specific situation.
Amendments are in a hierarchy above laws. While laws can be passed by Congress and approved by the president, amendments have to pass by Congress and get ratified by the states.
No. The Constitution sets broad, fundamental guidelines, and laws are specific instructions on how to follow those guidelines. The Supreme Court's job is to decide which laws fit with the Constitution and which ones don't.
Sure. Prior to 1919, states and Congress could restrict voting rights on the basis of sex, which precluded women from voting in most of the US. An amendment was passed that changed the Constitution and ensured that voting could not be restricted on the basis of sex.
