Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can directly alter the text of an existing constitution or be appended as supplemental additions (codicils), changing the frame of government without altering the existing text. 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, the Constitution has 27 amendments, with the first 10 known as the Bill of Rights. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. This article will explore the different types of constitutional amendments that have been adopted and the processes through which they were enacted.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified on December 15, 1791, and known as the Bill of Rights |
| Number of proposals to amend the Constitution | Approximately 11,848 |
| Number of amendments proposed by Congress and sent to states for ratification | 33 |
| Number of amendments that have failed | 6 |
| Number of amendments that are still pending | 4 |
| Number of amendments to the Texas State Constitution | 474 |
| Number of amendments to the Turkish constitution | 21 |
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What You'll Learn
Amendments to the US Constitution
The US Constitution has 27 amendments, beginning with the Bill of Rights, the first 10 amendments, which were ratified on December 15, 1791. The process of amending the Constitution is outlined in Article Five, which requires amendments to be properly proposed and ratified before becoming operative. Amendments can be proposed and sent to the states for ratification by a two-thirds majority vote in the Senate and the House of Representatives or by a majority vote of state delegations at a national convention called by Congress at the request of two-thirds of the states. This second method has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or conventions. Congress has also enacted statutes governing the amendment process, including setting a ratification deadline of seven years for an amendment to be ratified by the required number of states.
Some notable amendments include the 13th Amendment, which abolished slavery and involuntary servitude, and the 14th Amendment, which granted citizenship to all persons born or naturalized in the United States and guaranteed their privileges and rights. The 18th Amendment, passed in 1919, prohibited the manufacture, sale, and transportation of intoxicating liquors, but it was later repealed by the 21st Amendment in 1933.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members typically proposing around 200 amendments during each two-year term. However, only 33 amendments have been proposed by Congress and sent to the states for ratification, and six of those have not been ratified by the required number of states.
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Amendments to state constitutions
In contrast, the US Constitution outlines a two-step process for amending the nation's plan of government, as per Article Five. Amendments must be proposed and ratified before becoming operative. This can be done through a two-thirds majority vote in the Senate and the House of Representatives, or through a national convention called by Congress at the request of two-thirds of state legislatures. This second method has never been used. To become part of the US Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or conventions.
Since the US Constitution was established in 1789, there have been 27 amendments, with approximately 11,848 proposals introduced in Congress as of 2019. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments, collectively referred to as the Reconstruction Amendments, were also significant. The process of amending a state constitution can be complex and stringent, often requiring supermajorities or direct approval by the electorate.
Other countries also have their own processes for amending their constitutions. For example, in the People's Republic of China, the National People's Congress or more than one-fifth of its deputies can propose amendments, which must then be adopted by a majority vote of more than two-thirds of all deputies. In Turkey, the Grand National Assembly decides on the provisions to be submitted to a referendum, with each amendment approved by the people through a constitutional referendum.
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The process of amending a constitution
Amending a constitution is a formal and challenging process. In the United States, the constitution has been amended 27 times since it was drafted in 1787, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789.
The US Constitution outlines a two-step process for amending the nation's plan of government, as per Article Five. An amendment must be properly proposed and ratified before becoming operative. This process aims to balance the need for change with stability. An amendment can be proposed and sent to the states for ratification in two ways: by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives, or through a national convention called by Congress upon the request of two-thirds of state legislatures (34 since 1959). However, this second option has never been utilised.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). Congress has the authority to set a ratification deadline, affirmed by the Supreme Court in 1939. Once ratified, the Archivist of the United States issues a certificate, proclaiming the amendment as an operative part of the Constitution. This certification is published in the Federal Register and US Statutes at Large, serving as official notice to Congress and the nation.
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Constitutional amendments in other countries
The process of amending a constitution varies across different countries. Here are some examples of constitutional amendments in various nations:
Greece
The Constitution of Greece can be amended per the terms outlined in Article 110, under "Section II: Revision of the Constitution" and "Part Four: Special, Final, and Transitional Provisions."
Ireland
In Ireland, constitutional amendments typically originate as bills and become laws through acts of parliament. A constitutional amendment can be proposed by the lower and upper houses of the Oireachtas. For it to be successful, it must be approved by a simple majority of citizens entitled to vote for the President, and no quorum is required.
Russia
The Russian Constitution, established in 1993, can be amended per Articles 134 through 137, outlined in "Chapter 9: Constitutional Amendments and Revision of the Constitution." In 2008, amendments were made to extend the terms of the President and State Duma members.
Serbia
The Constitution of Serbia outlines the process for amendments in "Part 9: Amending The Constitution," specifically between Articles 203 and 205. In 2022, amendments were made to the sections related to the judiciary.
Australia
Australia has a unique process where constitutional amendments originate as bills and become laws through acts of parliament. However, out of 44 proposed amendments, only eight have been passed over several decades, indicating a rigorous amendment process.
United States
The United States Constitution has a well-defined amendment process outlined in Article Five. There have been 27 amendments, with the first 10, known as the Bill of Rights, being ratified in 1791. Amendments can be proposed by a two-thirds supermajority vote in both the Senate and the House of Representatives or by a majority vote of state delegations at a national convention requested by at least two-thirds of the states.
Other Examples
Some other countries with notable constitutional amendment processes include Japan, which has not had any amendments passed; the Cayman Islands, Bermuda, and Gibraltar (UK territories with their own constitutions); and various countries that require referendums for amendments, such as the one postponed in 2020 due to the COVID-19 pandemic and political crises.
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The history of constitutional amendments
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, changing the frame of government without altering the existing text. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
The US Constitution, for example, details a two-step process for amendments in Article Five. Amendments must be properly proposed and ratified before becoming operative. This process was designed to strike a balance between the excesses of constant change and inflexibility. An amendment may be proposed and sent to the states for ratification by either a two-thirds majority vote in both the Senate and the House of Representatives of the US Congress or a majority vote of state delegations at a national convention called by Congress at the request of at least two-thirds of the states. The latter option has never been used. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. Congress has also enacted statutes governing the constitutional amendment process, including a ratification deadline of seven years from the date of submission to the states.
Since the US Constitution was put into operation on March 4, 1789, there have been 27 amendments, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress. However, none of the proposals made in recent decades have become part of the Constitution. The last time a proposal gained the necessary two-thirds support in both the House and the Senate was in 1978, for the District of Columbia Voting Rights Amendment.
The constitutions of other countries, such as Texas, Turkey, and the People's Republic of China, have also undergone amendments through various procedures, including referendums and votes by the legislature.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
Article Five of the US Constitution details a two-step process for amending the Constitution. Amendments must be proposed and ratified before becoming operative. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives or by a majority vote at a national convention called by two-thirds of the states. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The first 10 amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th Amendment, which abolished slavery and involuntary servitude, is another example. The 18th Amendment prohibited the manufacture, sale, and transportation of intoxicating liquors, but it was later repealed by the 21st Amendment.
