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. Alternatively, they can 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's signature or veto. The US Constitution has been amended twenty-seven times since its ratification in 1788, with the first ten amendments, known as the Bill of Rights, being passed in 1789. These amendments guarantee various freedoms and rights, such as freedom of speech, press, and religion, the right to bear arms, protection from unreasonable searches and seizures, and due process rights, among others.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First Amendment | "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." |
| First 10 Amendments | Known as the Bill of Rights |
| Amendments | Are modifications to the constitution of a polity, organization or other type of entity |
| Amendments | Are interwoven into the relevant sections of an existing constitution, directly altering the text |
| Amendments | Can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document |
| Amendments | Require a special procedure that is more stringent than the process for passing ordinary legislation |
| Special Procedures | Supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures |
| Example of Special Procedures | In Australia, a majority of voters in a majority of states is required |
| Example of Special Procedures | In Ireland, a simple majority of those voting at the electorate is required |
| Example of Special Procedures | In Switzerland, a procedure similar to Australia's is followed |
| Amendments | Originate as bills and become laws in the form of acts of parliament in some jurisdictions |
| Amendments | Do not require the president's signature or approval in the United States |
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What You'll Learn
To prevent tyranny by the central government
The US Constitution has been amended twenty-seven times since its ratification in 1788. Amendments are modifications to the Constitution that can be interwoven into existing sections, or appended as supplemental additions (codicils). The purpose of these amendments is to prevent tyranny by the central government, protecting the rights of citizens.
The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified by three-fourths of the state legislatures. These amendments guarantee freedom of speech, press, and religion, as well as the right to bear arms. They also protect citizens from unreasonable searches and seizures, prohibit abuse of governmental authority, and ensure due process rights, among other things.
The Bill of Rights was a direct response to the concerns of those who believed the Constitution as drafted would lead to tyranny by the central government. The memory of British violations of civil rights before and during the Revolution was still fresh, and they demanded a "bill of rights" that would protect the immunities of individual citizens. Several state conventions ratified the Constitution with the understanding that amendments would be offered.
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, ensuring that citizens of the United States who are 18 years or older cannot be denied the right to vote by the federal government or any state on account of age.
The Twenty-Seventh Amendment, ratified in 1992, addresses congressional pay limitations. This amendment took over 200 years to be ratified, as it was first proposed in 1789. It limits the ability of Congress to increase their salaries during their term of office.
Understanding Proposed Amendments to the Constitution
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To guarantee rights and freedoms
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 the government without altering the existing text of the document.
The first ten amendments to the US Constitution, known as the Bill of Rights, were passed in 1789 and ratified in 1791. The Bill of Rights guarantees the right to the freedoms of speech, press, and religion. It also protects the right to petition the government and guarantees the people's right to own and bear arms for their defence. Citizens are also protected from seizure and search without a warrant and probable cause, and from self-incrimination and double jeopardy. The Bill of Rights also establishes the right to a fair and speedy jury trial, and the right to know the accusation and the accuser, as well as to find counsel and witnesses.
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 US Constitution has been amended twenty-seven times since its ratification in 1788. Amendments to the Constitution are proposed by Congress and ratified by the legislatures of the several states.
Amendment History: 18th Amendment's Addition to the Constitution
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To protect citizens from the government
Constitutional amendments are modifications to the constitution of a polity, organisation, or other types of entities. They are often 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 protect citizens from the government. 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. They guarantee the right to the freedoms of speech, press, and religion. They also protect the right to petition the government, and guarantee the people's right to own and bear arms for their defence. Citizens are also protected from self-incrimination and double jeopardy, and are guaranteed a fair and speedy jury trial.
The Twenty-Third Amendment, passed in 1960, gave residents of Washington, D.C., the right to vote in presidential elections. The Twenty-Fourth Amendment, passed in 1962, removed obstacles to voting by abolishing fees at the voting booth. The Twenty-Sixth Amendment, passed in 1971, lowered the voting age to 18.
Other amendments include the prohibition of the sale and consumption of alcohol, the abolition of slavery, and the limitation of the number of terms an individual can serve as president.
Amendment 19: Women's Right to Vote
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To outline election procedures
The US Constitution has been amended 27 times since it was ratified in 1788. Amendments are modifications of the constitution, directly altering the text or appended as supplemental additions (codicils). They are often used to outline election procedures, including the following:
Voting Rights
The Twenty-Fourth Amendment, passed in 1960 and ratified in 1961, gave residents of Washington, D.C., the right to vote in presidential elections. The Twenty-Sixth Amendment, passed in 1971, lowered the voting age to 18, guaranteeing the right of US citizens of this age or older to vote. The right to vote is also protected by the reservation of powers to citizens and states, rather than the federal government, in the Bill of Rights.
Election of Vice-Presidents and Presidents
The original Constitution included provisions for modifying and clarifying the procedure for electing vice-presidents and presidents. The Twelfth Amendment, passed in 1789, outlines the process for electing the President and Vice President, including the role of electors and the requirements for a candidate to win.
Congressional Terms
The Twenty-Seventh Amendment, first proposed in 1873 and ratified in 1992, limits congressional pay raises. It states that any change to the rate of compensation for members of Congress will not take effect until the beginning of the next term of office for Representatives.
Presidential Terms
The Twenty-Second Amendment, passed in 1947 and ratified in 1951, limits the number of terms an individual can serve as President to two terms. It also specifies that individuals who have served more than two years of someone else's term may not be elected more than once.
Amendments: Changing the Constitution
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To ensure equal protection under the law
The purpose of constitutional amendments is to make changes or additions to the original constitution of a nation. These amendments are often made to address new issues or changes in society that were not present or considered when the original constitution was written.
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is a key example of a constitutional amendment that sought to ensure equal protection under the law. The Fourteenth Amendment changed a portion of Article I, Section 2, and included the Equal Protection Clause, which states that:
> "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The phrase "equal protection of the laws" has been central to several landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts). The Fourteenth Amendment marked a significant shift in American constitutionalism by imposing substantially more constitutional restrictions on the states.
The Equal Protection Clause was motivated by the desire to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law. This Act was enacted due to the inequality imposed by Black Codes, which did not extend constitutional rights to Black Americans, instead considering them inferior and subject to chattel slavery. The Civil Rights Act of 1866 provided that all persons born in the United States were citizens and entitled to the "full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens."
The Twenty-Fourth Amendment, passed on August 27, 1962, and ratified on January 23, 1964, is another example of an amendment that promoted equal protection under the law. This amendment removed obstacles to voting by abolishing fees at the voting booth. Similarly, the Twenty-Sixth Amendment, passed on March 23, 1971, and ratified on July 1, 1971, lowered the voting age to 18, ensuring that citizens of this age group would not be denied the right to vote.
Hunting and Fishing: Constitutional Amendments Explained
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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 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.
The first ten amendments of the US Constitution, known as the Bill of Rights, are a famous example of constitutional amendments. They were passed in 1789 and guarantee the right to freedom of speech, press, and religion, among other things. The Twenty-Third Amendment, passed in 1960, gave residents of Washington, D.C., the right to vote in presidential elections. The Twenty-Sixth Amendment, passed in 1971, lowered the voting age to 18.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. This could include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of these. 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.
Constitutional amendments are proposed and passed to address issues or gaps in the existing constitution, to respond to changing societal needs and values, and to protect the rights of citizens. They can also be used to modify the frame of government without altering the existing text of the constitution.
