Simone Lawson
A constitutional amendment is a modification of the constitution of a polity, organisation, 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. For example, in the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and cannot be vetoed. In contrast, in Ireland, Australia, and Estonia, constitutional amendments originate as bills and become laws in the form of acts of parliament, which must then be approved in a referendum.
| Characteristics | Values |
|---|---|
| Purpose | To prevent tyranny by the central government and protect individual citizens' rights |
| Process | Amendments are interwoven into existing sections of a constitution, directly altering the text or appended as supplemental additions without altering the existing text |
| Amendments are often enacted through a special procedure that is more stringent than the process for passing ordinary legislation | |
| Special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both | |
| In some jurisdictions, amendments originate as bills and become laws in the form of acts of parliament | |
| In others, a proposed amendment originates as a special joint resolution that does not require the President's signature or approval | |
| Examples | The first ten amendments to the US Constitution, known as the Bill of Rights, guarantee freedom of speech, press, and religion, and protect citizens' right to own and bear arms |
| The Twenty-Third Amendment gave residents of Washington, D.C., the right to vote in presidential elections | |
| The Twenty-Fourth Amendment removed obstacles to voting by abolishing fees at the voting booth | |
| The Twenty-Sixth Amendment lowered the voting age to 18 |
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What You'll Learn
Protecting citizens' rights
Constitutional amendments are designed to protect citizens' rights and limit government power. The first ten amendments to the US Constitution, known as the Bill of Rights, were written by James Madison as a solution to limit government power and protect individual liberties.
The Bill of Rights includes some of the most basic freedoms and rights enjoyed in the United States today. The First Amendment, for example, protects freedom of religion, speech, and the press, as well as the right to peaceful assembly. The Fourth Amendment safeguards citizens' right to privacy, protecting them from unreasonable government intrusion in their homes without a warrant. The Sixth Amendment provides additional protections for those accused of crimes, such as the right to a public trial, an impartial jury, and legal representation.
The Fourteenth Amendment addresses citizenship rights and the concept of "equal protection of the laws". This amendment has been central to landmark cases concerning racial discrimination, reproductive rights, gender discrimination, and election recounts. It establishes that states cannot make or enforce laws that infringe on the privileges or immunities of US citizens.
The Bill of Rights was added to the Constitution because it lacked limits on government power. The amendments were a response to critics who argued that the federal government was too large and would be unresponsive to the people. The Anti-Federalists, who favoured state and local government power, supported a bill of rights to safeguard individual liberty.
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Reserving state powers
A constitutional amendment is a modification of the constitution of a polity, organisation, 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 (codicils), changing the frame of government without altering the existing text of the document.
The U.S. Constitution's first ten amendments, known as the Bill of Rights, were passed in 1789. They guarantee freedom of speech, press, and religion, and protect the right to petition the government. The Bill of Rights also guarantees citizens' rights to own and bear arms, and protects them from quartering soldiers during peacetime, among other things.
The Twenty-Third Amendment, passed in 1960 and ratified in 1961, gave residents of Washington, D.C., the right to vote in presidential elections. The Twenty-Fourth Amendment, passed in 1962 and ratified in 1964, removed obstacles to voting by abolishing fees at the voting booth. The Twenty-Sixth Amendment, passed in 1971, lowered the voting age to 18.
The purpose of constitutional amendments is to ensure that the constitution remains a dynamic document that reflects the needs and values of the people it governs. Amendments allow for changes to be made to the constitution without requiring a complete overhaul of the document. This helps to maintain the stability and continuity of the government while still allowing for necessary changes to be made.
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. This is in contrast to countries like Ireland, Estonia, and Australia, where constitutional amendments originate as bills and become laws through acts of parliament, often requiring approval through a referendum.
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Removing voting obstacles
Constitutional amendments are changes made to the foundational document of a country, often in response to demands for greater protections for individual citizens. In the United States, the Constitution has been amended twenty-seven times since its ratification in 1788.
The original text of the US Constitution, as well as the Bill of Rights, left the determination of voter eligibility to the individual states. The most common criteria for voter eligibility in the early years of the republic were that the prospective voter had to be a white male who owned property above a certain value. Some states and cities allowed free African Americans and women to vote, but these were exceptions.
The passage of the Thirteenth, Fourteenth, and Fifteenth Amendments after the Civil War abolished slavery, guaranteed citizenship to African Americans, and gave Black men the right to vote. However, discriminatory practices and laws such as poll taxes, literacy tests, and the rise of the Ku Klux Klan in the South prevented many African Americans from exercising their right to vote.
Several constitutional amendments and federal laws have been enacted to remove obstacles to voting and protect the rights of citizens to vote. The Twenty-Fourth Amendment, ratified in 1964, abolished poll taxes, which had been used to disenfranchise African Americans. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English and placed limits on states with a history of voter discrimination.
The Twenty-Sixth Amendment, ratified in 1971, lowered the voting age to 18 for all elections, further expanding the franchise. The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote and improved the accuracy of voter registration lists. The Help America Vote Act (HAVA) of 2002 authorised federal funding for elections and established the US Election Assistance Commission (EAC) to assist states in adopting minimum standards for voter education, registration, and ballots.
These constitutional amendments and federal laws have played a crucial role in removing voting obstacles and ensuring that all eligible citizens in the United States can exercise their right to vote.
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Amending procedures
France requires amendments to be passed by both houses with identical terms, followed by approval through a simple majority in a referendum or a three-fifths majority of the two houses of the French parliament jointly. Germany's Basic Law, which serves as its constitution, outlines the process for amending it under Article 79. The Basic Law can only be amended by a law that expressly amends or supplements its text.
Constitutions in Australia and Ireland require amendments to be passed by the legislature before being submitted to the people. A simple majority of those voting is required in Ireland, while Australia has a more complex set of criteria, requiring a majority of voters in a majority of states. Switzerland has a similar procedure to Australia.
The Indian Constitution outlines a process for amendment that is neither as flexible as Britain's nor as rigid as the USA's but aims to strike a balance between the two. Under Article 368, the Parliament can amend the Constitution and its procedures. However, the Parliament cannot amend provisions that form the Basic Structure of the Constitution, as ruled by the Supreme Court in the Kesavananda Bharati case (1973). Amendments can be initiated by introducing a bill in either house of Parliament, which must then be passed by a special majority in each house separately. If the bill seeks to amend constitutional provisions, it must be ratified by the legislatures of half of the states by a simple majority. After both houses pass the bill, it is presented to the President for assent, after which it becomes a constitutional amendment act.
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Preventing tyranny
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments 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, changing the frame of government without altering the existing text of the document.
The purpose of constitutional amendments is to prevent tyranny and protect the rights of citizens. During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. To prevent this, several state conventions in their formal ratification of the Constitution asked for a "bill of rights" that would spell out the immunities of individual citizens.
The first ten amendments to the US Constitution, known as the Bill of Rights, were passed in 1789 to prevent tyranny and protect the rights of citizens. These amendments guarantee freedom of speech, press, and religion, as well as the right to petition the government. They also guarantee the right of citizens to own and bear arms for their defence and protect citizens from unreasonable searches and seizures, among other protections.
Another example of an amendment that helps prevent tyranny is the Twenty-Third Amendment, which gave residents of Washington, D.C. a vote in presidential elections. This amendment ensures that the voices of all citizens, including those living in the nation's capital, are heard in the democratic process.
In other countries, such as India, the constitution can also be amended to prevent tyranny and protect the rights of citizens. Under Article 368 of the Indian Constitution, the Parliament can amend the constitution, but it cannot amend the Basic Structure of the Constitution as ruled by the Supreme Court. This balance between flexibility and rigidity in the amendment process allows for necessary changes to be made while maintaining the core principles of the constitution.
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Frequently asked questions
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.
Amendments are often used to guarantee rights, such as the right to free speech, press, and religion. They can also be used to modify laws, such as in the case of the Twenty-Third Amendment, which gave residents of Washington, D.C. the right to vote in presidential elections.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. This can include supermajorities in the legislature or direct approval by the electorate in a referendum. In some countries, such as 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 frequency of constitutional amendments varies from country to country and depends on the specific requirements and procedures for amendment. For example, in Australia, eight amendments out of 44 proposed amendments have been passed over several decades. In contrast, the former constitution of the U.S. state of Alabama was amended 977 times between 1901 and 2022.
