Unlocking Constitutional Amendment Bonds' Purpose

A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often directly woven 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. For example, in the Federal Republic of Germany, amendments to the Basic Law must be carried by two-thirds of the Members of the Bundestag and two-thirds of the votes of the Bundesrat. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or veto. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. Once a person is in police custody and charged with an alleged offense, they may be able to get out of jail by posting bail or obtaining a bond. Bail is the money a defendant must pay to get out of jail, while a bond is a contract signed by a bail bond company, agreeing to be liable for the full bail amount if the defendant fails to appear in court.

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Constitutional amendment vs. constitutional alteration

A constitutional amendment, or constitutional alteration, 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. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document.

In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method, is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment.

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 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.

In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. An amendment may be proposed 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 the State legislatures. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).

Some constitutions use entrenched clauses to restrict the kind of amendment to which they may be subject. This is usually to protect characteristics of the state considered sacrosanct, such as the democratic form of government or the protection of human rights. Amendments may be forbidden during a state of emergency or martial law. For example, under Article 79 (3) of the German Basic Law, modification of the federal nature of the country, or abolition or alteration of Article 1 (human rights) or Article 20 (democracy, republicanism, rule of law) is forbidden. Similarly, Article 60 of the current 1988 Constitution of Brazil forbids amendments that intend to abolish individual rights or to alter the fundamental framework of the State.

Special procedures for amendments

Amending a constitution is a difficult and time-consuming process. 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, a proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. Alternatively, two-thirds of the state legislatures could ask Congress to call a Constitutional Convention, though this has never happened.

Other countries have different special procedures for constitutional amendments. For example, in South Africa, 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. At least 30 days before, the person or committee introducing the amendment must publish it for public comment, submit it to the provincial legislatures, and, if it does not need to be passed by the National Council of Provinces (NCOP), submit it to the NCOP for debate. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly.

Denmark provides another example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a general election must be held, and the new parliament must then approve the amendment again before it is submitted to a referendum. There is also a requirement that at least 40% of eligible voters must vote at the referendum for an amendment to be validly passed.

Some constitutions, like those of Australia, Ireland, and Estonia, require that all amendments be passed by the legislature before being submitted to the people. In Ireland, a simple majority of those voting at the electorate is required, while Australia and Switzerland require a majority of voters in a majority of states.

The role of the electorate in constitutional amendments

The process of amending a country's constitution varies across different nations. Most constitutions require amendments to be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures may include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.

In some jurisdictions, a referendum to amend the constitution can be triggered by a popular initiative. For example, Australia and Ireland require that all amendments be first passed by the legislature before being submitted to the people. In Ireland, a simple majority of those voting in the electorate is required, while Australia requires a majority of voters in a majority of states. Switzerland has a procedure similar to Australia's.

The Turkish constitution, adopted in 1982, has been amended 21 times as of July 2018, with all amendments passed by the people through a 2017 constitutional referendum. This referendum was intensely controversial due to its contents, which included extending presidential tenure and addressing electoral misconduct.

The Constitution of Bosnia and Herzegovina was amended in 2009 to include the outcome of the Brcko District final award. Bulgaria's constitution, on the other hand, has two procedures for amendment depending on the section being altered. Minor issues can be addressed by the Parliament with a three-quarters majority, while a two-thirds majority is required for more significant changes.

In the United States, the Fourteenth Amendment protects the fundamental right to vote, preventing states from imposing substantial burdens on this right. The Elections Clause also plays a role in regulating elections, with Congress empowered to address issues such as partisan gerrymandering. The Supreme Court has interpreted the Elections Clause broadly, allowing laws regulating congressional elections to be enacted by voters through public referendums in certain states.

While the original U.S. Constitution established the Electoral College as the means for electing presidents, the Twelfth Amendment, ratified in 1804, revised this process. It mandated distinct votes for president and vice president, with one candidate not from the same state as the elector. This amendment effectively eliminated most ties and deadlocks in subsequent elections.

In summary, the role of the electorate in constitutional amendments varies depending on the country's specific procedures. While some nations require direct approval by the people, others involve the electorate through referendums or initiatives. These processes ensure that any changes to a nation's fundamental laws reflect the will of its citizens.

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Differences in amendment drafting and recording

A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. There are differences in the manner in which constitutional amendments are drafted and recorded once they become law, depending on the jurisdiction.

In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become law in the form of acts of parliament. In Ireland and Australia, amendments are drafted as Acts of Parliament but cannot become law until approved in a referendum. In Switzerland, a similar procedure to Australia is followed. These special procedures for amendment can be so exacting that few amendments have been passed over several decades. For example, in Australia, only eight amendments out of 44 proposed have been passed. In contrast, 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 the United Kingdom, which does not have a written constitution, parliamentary sovereignty means that the final authority on all quasi-constitutional matters is the parliament itself, by a simple majority. In the US, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature. Once an amendment is ratified by three-fourths of the states, it becomes an official Article of the Constitution.

The manner in which constitutional amendments are recorded takes two main forms. One way is through a certification document, which lists the states that ratified the amendment and is used by the federal government to keep an official record. The other method is through a formal proclamation, drafted by the OFR, for the Archivist to certify that the amendment is valid and has become part of the Constitution.

Bail bonds and constitutional amendments

The Eighth Amendment of the United States Constitution provides constitutional protection against excessive bail. Excessive bail is an amount set much higher than necessary to ensure an accused defendant will make their court appearances, particularly concerning minor crimes. Bail is considered excessive when it is set at a figure higher than reasonably calculated to ensure the government's interest.

The Eighth Amendment does not provide an absolute right to bail. For instance, Section 3142 of the Bail Reform Act denies bail to defendants who are likely to flee or pose a danger to society. The Supreme Court upheld the constitutionality of the Bail Reform Act of 1984 in United States vs. Salerno, 481 U.S. 739 (1987). The Court determined that the Eighth Amendment places a restriction on the amount of bail set, so bail cannot place excessive restrictions on a defendant in relation to the perceived wrongdoing.

The Court, however, may consider the risk of flight when determining the amount of bail. Additionally, there is no constitutional protection for receiving speedy bail. In the case of United States v. Motlow, 10 F.2d 657 (1926), it was decided that the Eighth Amendment provides protection against excessive bail, including the practical denial of bail by setting an unreasonably high amount.

The process of proposing a constitutional amendment is outlined in Article V of the United States Constitution. Amendments can be proposed by Congress or by a convention called by Congress at the request of two-thirds of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, either through their legislatures or state conventions. This process ensures that any changes made to the Constitution reflect the consensus of a large majority of states.

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