Simone Lawson
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. In the United States, the Constitution has been amended only 27 times since it was drafted in 1787. The process of amending the Constitution is outlined in Article V, which provides two methods for amending the nation's frame of government. The first method, which has been used for all 27 amendments, requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The process of amending the Constitution is designed to be difficult, requiring supermajority support in both Congress and the states.
| Characteristics | Values |
|---|---|
| How it is proposed | 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 |
| Who proposes it | Congress or State legislatures |
| Who approves it | Three-fourths of the States (38 of 50) |
| Who certifies it | The Archivist |
| Who signs it | The President |
| What it changes | The text of the constitution, or appended as a supplement |
| What it affects | The frame of government |
Explore related products
![The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p49hyM5WL._AC_UY218_.jpg)
What You'll Learn
- Amendments are interwoven into relevant sections of a constitution
- Amendments are appended to constitutions as supplemental additions
- Amendments are often enacted through special procedures
- Amendments can be proposed by a constitutional convention
- Amendments can originate as bills and become laws as acts of parliament
Amendments are interwoven into relevant sections of a constitution
A constitutional amendment 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. This is the most common method of amending a constitution, with the second being to append the amendment to the end of the main text, leaving the original text intact.
Amendments are generally proposed by a legislature or a constitutional convention. For example, in the US, an amendment can be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives. In Ireland, Estonia, and Australia, amendments originate as bills and become laws in the form of acts of parliament. However, they must also be approved in a referendum to come into force.
Once an amendment is proposed, it must be ratified. In the US, ratification requires approval by three-fourths (38 out of 50) of the states. In Australia, a majority of voters in a majority of states is required, while in Ireland, a simple majority of voters is sufficient.
After an amendment is ratified, it becomes part of the constitution. In the US, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
The Amendments: Our Constitutional Rights
You may want to see also
Amendments are appended to constitutions as supplemental additions
A constitutional amendment 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. However, they can also be appended to the constitution as supplemental additions (codicils), thereby changing the framework of the government without altering the existing text of the document.
Amendments are typically 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 both. In Ireland, Estonia, and Australia, for instance, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, despite the requirement of a special procedure, these amendments cannot become law until they are approved in a referendum.
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. An amendment may be proposed 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 ratified by Congress, it must be approved by three-fourths (38 out of 50) of the states to become part of the Constitution.
The use of appended articles of amendment is most notably associated with the United States Constitution but is also employed in other jurisdictions like Venezuela. This method allows for changes to be made to the constitution without directly altering its existing text.
Canada's Constitution: Amendments and Their Impact
You may want to see also
Amendments are often enacted through special procedures
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments typically take the form of revisions to the previous text of the constitution. This means that portions of the original text may be deleted or new articles may be inserted among existing ones. In some cases, however, amendments can be appended to the constitution as supplemental additions, leaving the body of the original text intact.
The specific procedures for amending a constitution can vary across jurisdictions. While some constitutions require amendments to be passed by the legislature before being submitted to the people, others may have more stringent requirements, such as a two-thirds majority in both chambers of parliament. In some cases, a referendum to amend the constitution may be triggered by a popular initiative.
The process of enacting amendments through special procedures ensures that any changes to a constitution undergo careful consideration and receive broad support from the legislature, the electorate, or both. These procedures contribute to the stability and integrity of the constitutional framework by preventing hasty or unilateral changes.
Amendments to the Constitution: A Historical Overview
You may want to see also
Explore related products
Amendments can be proposed by a constitutional convention
A constitutional amendment is a modification of a constitution, organisation, or other type of entity. Amendments can be proposed by a constitutional convention, which is called for by two-thirds of state legislatures. This method has never been used in the United States, where amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
A constitutional convention is a gathering of representatives from various states who meet to discuss and propose amendments to the constitution. The process of amending a constitution varies across jurisdictions. For example, in Ireland, Estonia, and Australia, amendments originate as bills and become laws through acts of parliament. However, they must also be approved by a referendum. In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the President's signature or approval.
Amendments proposed by a constitutional convention would follow a similar process to those proposed by Congress. Once proposed, the amendment would be submitted to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). This process ensures that any changes to the Constitution reflect the will of the people and are not imposed by a single entity or group.
The role of a constitutional convention in proposing amendments provides a mechanism for states to initiate changes to the Constitution directly. While it has not been utilised in the United States, it stands as an important tool for states to have a direct voice in shaping the nation's governing document. The process of amending a constitution is a complex and deliberate endeavour, designed to protect the integrity of the document and ensure that any changes are thoroughly considered and widely supported.
The Right to Self-Defense: An American Constitutional Amendment
You may want to see also
Amendments can originate as bills and become laws as acts of parliament
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 (codicils), thereby changing the frame of government without altering the existing text of the document. Amendments can originate as bills and become laws in the form of acts of parliament, as is the case in Ireland, Estonia, and Australia. In these jurisdictions, amendments are drafted in the form of Acts of Parliament but cannot become law until they are approved in a referendum. This is an example of a special procedure required to bring an amendment into force, which is generally more stringent than the process for passing ordinary legislation.
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. This is the more common method, with the second being 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.
The process of amending a constitution varies across jurisdictions. 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. The Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, or through a constitutional convention called for by two-thirds of the State legislatures. Once ratified by Congress, it must be approved by three-fourths (38 out of 50) of the states to become part of the Constitution.
In contrast, countries like 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 sufficient, while Australia requires a majority of voters in a majority of states. Switzerland follows a procedure similar to Australia's. These special procedures for amendment can be exacting, resulting in few or no successful amendments over several decades.
Can Amendments Be Unconstitutional?
You may want to see also
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. 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.
The 19th Amendment to the U.S. Constitution, ratified on August 18, 1920, states that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." Another example is Article 368 of the Indian Constitution, which grants Parliament the power to amend the Constitution.
The requirements for amending a constitution vary by jurisdiction. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In other cases, a supermajority in the legislature or direct approval by the electorate in a referendum may be required.
The process for proposing a constitutional amendment depends on the country's legislative structure and constitutional provisions. For example, in the United States, an amendment can be proposed 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 India, amendments can be initiated by introducing a bill in either house of Parliament, which then requires approval by a special majority.
