Isabella Carter
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. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed. The United States Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| Process | Amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. |
| Amendments are then ratified by three-fourths of the States (38 out of 50). | |
| Amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures, though this has never happened. | |
| The President does not have a constitutional role in the amendment process. | |
| Jurisdiction | In some jurisdictions, such as Ireland, Estonia, and Australia, amendments originate as bills and become laws through acts of parliament, though they may still require approval through a referendum. |
| In the United States, amendments originate as special joint resolutions of Congress. | |
| In Germany, amendments are carried by two-thirds of the Members of the Bundestag and two-thirds of the votes of the Bundesrat. | |
| Textual Changes | Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. |
| Amendments can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text. | |
| Amendments may 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. |
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What You'll Learn
Amendments are modifications to a constitution
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. This means that 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. Nonetheless, there may still be ambiguity over whether an amendment is intended to supersede or to supplement an existing article in the text. An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article.
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, or direct approval by the electorate in a referendum, or even 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, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President cannot 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. This may be the case even when a special procedure is required to bring an amendment into force. Thus, for example, in Ireland and Australia, although amendments are drafted in the form of Acts of Parliament, they cannot become law until they have been approved in a referendum. In the United States, the Constitution provides that 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. 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.
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Amendments can be revisions to previous text
In the Federal Republic of Germany, the Basic Law may be amended only by a law that expressly amends or supplements its text. In the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defence of the Federal Republic, it shall be sufficient to add language to the Basic Law that clarifies that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty.
In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President cannot veto. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. For example, the Twenty-seventh Amendment, which states that any changes in pay for members of Congress cannot be implemented until after an election, directly alters the text of the Constitution.
A less common method of amending a constitution is to append the amendment 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. This means that in the event of a conflict, an article of amendment will usually take precedence over the provisions of the original text or of an earlier amendment.
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Amendments can be additions to a constitution
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In these cases, the amendments are interwoven into the relevant sections of the existing constitution, directly altering the text. For instance, the Twenty-Third Amendment, passed on June 16, 1960, and ratified on March 29, 1961, gave residents of Washington, D.C., the right to vote in presidential elections. This amendment directly altered the text of the U.S. Constitution by inserting a new article.
The process of amending a constitution can vary across different jurisdictions. In the United States, a proposed amendment originates as a joint resolution of Congress, which does not require the President's signature or approval. The amendment is then ratified by three-fourths of the states, at which point it becomes part of the Constitution. This process is designed to be difficult and time-consuming, as the framers of the Constitution intended for it to endure for ages.
In contrast, the Basic Law for the Federal Republic of Germany outlines specific terms for amending its constitution under Article 79. Amendments to this Basic Law require a two-thirds majority vote in both the Bundestag and the Bundesrat. Additionally, in some jurisdictions, a referendum may be required to amend the constitution, allowing for direct approval by the electorate.
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Amendments are enacted through a special procedure
Amendments to a constitution are modifications to the constitution of a polity, organisation, or other type of entity. 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 originates as a special joint resolution of Congress that does not require the President to sign and that the President cannot veto. 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 of the ministerial duties associated with this function to the Director of the Federal Register. 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.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, a special procedure is required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved in a referendum before they can become law.
In the Federal Republic of Germany, the Basic Law may be amended only by a law expressly amending or supplementing its text. Amendments to the Basic Law require a two-thirds majority in both the Bundestag and the Bundesrat.
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Amendments are proposed by Congress or constitutional convention
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments can be proposed by Congress or by a constitutional convention called for by two-thirds of state legislatures.
For an amendment to be proposed by Congress, it must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging and time-consuming process, as it requires significant support in both chambers. Once an amendment is proposed by Congress, it takes the form of a joint resolution, which does not require the signature or approval of the President.
To date, all 27 amendments to the Constitution have been proposed by Congress, without the need for a constitutional convention. This is despite calls for a convention by some, such as retired federal judge Malcolm R. Wilkey, who argued that a convention is necessary to address issues like gridlock and the excessive influence of interest groups.
A constitutional convention, which has never been convened, would provide an alternative avenue for proposing amendments. This process would involve two-thirds of the state legislatures requesting that Congress call for a convention. While this method has not been utilised, it stands as a potential mechanism for initiating constitutional changes.
The process of proposing amendments, whether by Congress or through a constitutional convention, is just the first step in amending the Constitution. After an amendment is proposed, it must go through the ratification process, which involves the approval of three-fourths of the state legislatures, or 38 out of 50 states. This ensures that any changes to the Constitution reflect the consensus of a significant majority of states.
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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 spell out the rights of citizens in relation to their government. They guarantee civil rights and liberties to individuals, such as freedom of speech, press, and religion. They also set rules for due process of law and reserve all powers not delegated to the federal government to the people or the states.
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 must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.
