Article Five of the United States Constitution describes the process whereby the federal Constitution may be altered. Twenty-seven amendments have been added appended as codicils to the Constitution. Amendment proposals may be adopted and sent to the states for ratification by either:
In some jurisdictions, such as Ireland, Estoniaand Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that 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.
By contrast, 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 can not veto. The manner in which constitutional amendments are finally recorded takes two main forms.
In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. 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. In other words, 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 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. Under the German Weimar Constitutionthe prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the Constitutional amendments essay, without itself becoming part of the constitution.
Methods of constitutional amendment[ edit ] The examples and perspective in this article deal primarily with Western culture and do not represent a worldwide view of the subject. You may improve this articlediscuss the issue on the talk pageor create a new articleas appropriate. July European Union[ edit ] The Treaties of the European Union are a set of international treaties between member states that describe the constitutional basis of the European Union.
SinceArticle 48 of the Treaty on European Union has laid down two procedures for the revision of the treaties. All EU countries have to ratify the treaty amendments for them to enter into force. The new treaty provisions only enter into force following their ratification by all EU countries according to their own constitutional procedures.
Albania[ edit ] The Constitution of Albania states its terms for being amending under Article within "Part An initiative for amending the Constitution may be taken by not less than one-fifth of the members of the Assembly.
No amendment to the Constitution may take place when extraordinary measures are in effect. A proposed amendment is approved by not less than two-thirds of all members of the Assembly. The Assembly may decide, by two-thirds of all its members, that the proposed constitutional amendments be voted on in a referendum.
The proposed constitutional amendment becomes effective after ratification by referendum, which takes place not later than 60 days after its approval by the Assembly. An approved constitutional amendment is submitted to referendum when one-fifth of the members of the Assembly request it.
The President of the Republic cannot return for re-consideration a constitutional amendment approved by the Assembly. An amendment approved by referendum is promulgated by the President of the Republic and becomes effective on the date provided for in it. An amendment of the Constitution cannot be made unless a year has passed since the rejection by the Assembly of a proposed amendment on the same issue or three years have passed from its rejection by referendum.
Article is the only article under this part of the Albanian constitution. Austria[ edit ] The Constitution of Austria is unusually liberal in terms of constitutional amendments.
Any piece of parliamentary legislation can be designated as "constitutional law", i. An amendment may take the form of a change of the Bundes-Verfassungsgesetz, the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act.
Furthermore, international treaties can be enacted as constitutional law, as happened in the case of the European Convention of Human Rights. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from judicial reviewhave led to much "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system.
This has led to calls for reform. If a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council of Austria is required as well.
Depending on the matter on hand, two-thirds of the Federal Councilors present attendance of one-half of all Councilors is requiredor two-thirds of all Federal Councilors must approve. If the amendment would change articles 34 or 35, the majority of councilors of at least four of the nine states is an additional requirement.
Belgium[ edit ] The Constitution of Belgium can be amended by the federal legislative power, which consists of the King in practice, the Federal Government and the Federal Parliament. In order to amend the Constitution, the federal legislative power must declare the reasons to revise the Constitution in accordance with Article This is done by means of two so-called Declarations of Revision of the Constitutionone adopted by the Chamber of Representatives and the Senateand one signed by the King and the Federal Government.
Following this declaration, the Federal Parliament is automatically dissolved and a new federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened.
Following the election, the new Federal Parliament can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two-thirds of its members are present and the Constitution can only be amended if at least two-thirds of the votes cast are in favour of the amendment.Constitutional Amendments HIS/ August 27, Constitutional Amendments The Framers of the Constitution knew their creation was not perfect and future generations would want to make changes, so they added an amendment process.
Constitutional Amendments Constitutional Amendments, summarize it, and explore the issues associated with it and its benefits and/or potential problems. You will explain what that Amendment means for the people in the USA and, possibly, in the world.
Before you start writing you can look for information on the U.S.
Constitution and the Bill of Rights. . Constitutional Topics The Constitutional Topics pages at the plombier-nemours.com site are presented to delve deeper into topics than can be provided on the Glossary Page or in the FAQ pages.
Topics are added and revised on an on-going basis. U.S. Constitutional Amendments Amendments to the Constitution of the United States of America Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the several states, pursuant to the Fifth Article of the original Constitution fn1.
led to the adoption of two constitutional amendments and describing the political, social, and/or economic changes each amendment brought to American society • Is more analytical than descriptive (analyzes, evaluates, and/or creates * information), e.g.
Mark Grossman, a professional writer specializing in American and world history, constitutional law, and the environment, said: “Constitutional Amendments is not to be a dry history – it is a comprehensive work that includes how the amendments to.