Kara Sears
Laws can be amended, but the process varies across jurisdictions. In the US, a bill or joint resolution may directly alter the text of a current law if its provisions are explicitly formulated as amendments. Amendments can be proposed by a People's Initiative, a Constituent Assembly, or a Constitutional Convention. In other countries, such as Ireland, Estonia, and Australia, amendments originate as bills and become law through acts of parliament and, sometimes, referendums. The Indian constitution has been amended 106 times since 1950, while the postwar 1949 German Weimar Constitution explicitly ruled out amendments that do not involve changing the text of the constitution.
Can Laws be Amended?
| Characteristics | Values |
|---|---|
| Amendments Originate as Bills | Become laws in the form of acts of parliament in some jurisdictions |
| Amendments Require Special Procedures | Ireland and Australia require amendments to be approved in a referendum |
| Amendments Without President's Approval | In the US, a proposed amendment does not require the President's signature and cannot be vetoed |
| Amendments with President's Approval | The President can approve and sign a bill into law, or refuse to approve it (veto) |
| Amendments by Supermajority | The 1919 German Weimar Constitution allowed laws with supermajorities in parliament to deviate from the constitution |
| Amendments by Consensus | The Constitution of Ethiopia requires a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly |
| Amendments by Legislative Method | The Tennessee General Assembly passes a resolution with an absolute majority on three separate readings on three separate days |
| Amendments by Convention Method | The legislature can put on any ballot the question of whether to call a constitutional convention |
| Amendments to Basic Structure | The Indian constitution cannot be amended to alter its basic structure, including the rule of law, independence of the judiciary, and separation of powers |
| Amendments by People's Initiative | The Constitution of the Republic of China allows amendments upon the proposal of one-fifth of the total number of delegates to the National Assembly |
| Amendments by Constituent Assembly | Amendments can be proposed by a Constituent Assembly |
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What You'll Learn
Who can propose a law amendment?
In the United States, the Constitution provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a "joint resolution". Alternatively, an amendment can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, in practice, all amendments to the Constitution have been proposed by Congress, with none proposed by constitutional convention.
The process of proposing an amendment can begin in Congress in two ways. Firstly, a proposal can be put forward by a committee, which is a group of legislators who specialise in a particular subject area. Secondly, any legislator can propose an amendment by drafting a bill and introducing it in their chamber of Congress. The President does not have a constitutional role in the amendment process, and therefore a joint resolution does not require their signature or approval.
Once an amendment has been proposed, 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 duties associated with this function to the Director of the Federal Register. The proposed amendment is then submitted to the States for their consideration.
The process of amending the Constitution is deliberately difficult, as the framers of the Constitution intended for it to "endure for ages to come". As a result, supporters of certain amendments, such as congressional term limits and a balanced budget amendment, have been unsuccessful in their efforts to implement change.
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The process of amending the US Constitution
Laws can be amended, and the process of doing so varies across jurisdictions. In the United States, the Constitution can be amended through a specific process outlined by Article V of the Constitution.
The second method, the convention method, involves the legislature placing a question on any ballot regarding the need for a constitutional convention. This method has never been used to propose an amendment to the US Constitution.
Once an amendment is proposed, it must be ratified by at least three-fourths of the states (38 out of 50) to become part of the Constitution. The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist of the United States to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
It is worth noting that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. However, in recent history, the certification signing has become a ceremonial function that the President may attend as a witness.
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Environmental law amendments
Laws can be amended, and this is a common occurrence. Amendments can be proposed in a variety of ways, depending on the jurisdiction. For example, in some countries like Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. In contrast, the United States handles amendments through a special joint resolution of Congress, which does not require the President's signature or approval.
The wording of an environmental rights amendment is crucial for its enforceability. Clearly spelled-out rights can help keep cases out of court, as citizens and regulators will have clear guidelines to refer to when evaluating potential projects. However, some are concerned that these amendments may lead to an increase in legal cases. For example, in the case of *Held v. Montana*, the first constitutional law climate lawsuit in the United States, a trial court judge ruled in favor of the youth plaintiffs, but the state indicated its intention to appeal.
The process of amending environmental laws can vary across states in the US. Generally, the state legislature must pass the legislation for the amendment, and then it is presented to the voters to decide if it will be added to the state constitution. Citizen petitions can also initiate the amendment process if they gather enough signatures from state residents. As of March 2024, citizens in Florida were attempting to get an environmental rights amendment on the ballot through this method.
In addition to the US, other countries have also implemented environmental rights amendments. For example, Tunisia has written the right to a healthy environment into its constitution, while Colombia enforces this right through climate change litigation.
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The role of the public in law amendments
The public plays a crucial role in the law amendment process, particularly in the context of constitutional amendments. While the specific procedures for amending laws vary across different jurisdictions, the public's involvement is often a key aspect of the process.
In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills in the legislature but must be approved by a referendum, where the public directly votes on the proposed changes. This ensures that significant alterations to the foundational document of a country, which may have long-lasting implications, are subject to the explicit approval of the people.
The United States, for example, has a similar process for proposing amendments to the Constitution, where they must be passed by a two-thirds majority in both the House of Representatives and the Senate and then ratified by at least three-fourths of the states. While the President is not directly involved in this process, the amendments ultimately affect the nation as a whole, demonstrating the public's indirect role through their elected representatives.
In other countries, like India, the constitution outlines specific procedures for proposing amendments, including the requirement for a simple majority of the entire People's Consultative Assembly. This process involves the public through their elected representatives, who propose and vote on the amendments.
Additionally, in certain jurisdictions, multiple methods for proposing amendments exist. For instance, in the Republic of China, amendments can be proposed through a People's Initiative, a Constituent Assembly, or a Constitutional Convention, each involving varying levels of public participation.
Overall, the role of the public in law amendments is essential to ensuring that the laws accurately reflect the values and interests of the people. The processes in place, whether direct or indirect, allow for public input and help maintain the integrity and legitimacy of the legal system.
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The President's role in law amendments
Laws can be amended, and while the president of the United States has no formal constitutional role in the process, they can play an informal and ministerial role. The U.S. Constitution does not outline a role for the president in amending it, and the Supreme Court has affirmed this interpretation. Nonetheless, some presidents have played a role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including what would become the Bill of Rights, to the states for ratification after Congress approved them.
The president can also sign a joint resolution proposing an amendment, as was the case with President Abraham Lincoln and the Thirteenth Amendment, which abolished slavery. Similarly, President Jimmy Carter signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In the process of a bill becoming a law, the president has the power to approve a bill and sign it into law or veto it. Congress can, however, override a presidential veto and pass the bill into law. If the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be pocket-vetoed, and Congress cannot override this.
In summary, while the president can play an informal role in the amendment process, their role is not constitutionally defined, and they do not have a direct say in amending the U.S. Constitution. Their primary role relates to the approval of bills, which can include proposed amendments, and their ability to transmit these to the states for ratification.
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Frequently asked questions
The process of amending a law involves proposing changes to the text of the existing law. This can be done by inserting new text, striking out existing text, or both. In some jurisdictions, such as 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. In other jurisdictions, such as Ireland and Australia, amendments originate as bills and become laws through acts of parliament, often requiring approval through a referendum.
Yes, a country's constitution can be amended, but the process and requirements vary across different countries. For example, the Indian constitution has been amended 106 times since 1950, while the German Weimar Constitution of 1919 allowed deviations from the constitution without formally amending it. The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly.
In some cases, laws can be amended without the explicit approval of the executive branch, such as the president or governor. In the United States, for example, a bill can become a law without the president's signature if Congress overrides a presidential veto. Additionally, in the state of Tennessee, the General Assembly can pass a resolution for an amendment without the governor's approval. However, in most cases, the executive branch plays a significant role in the law-making process, including the amendment of existing laws.
