Gavin Howe
The process of amending a law varies across different countries and their legislative procedures. In the United States, a bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it goes through a process of research, discussion, and voting in both the House of Representatives and the Senate. If a bill passes in both chambers, any differences between the two versions must be resolved, and a final vote is conducted. If the bill passes this final vote, it is presented to the President. The President's approval is not required for constitutional amendments, which can be proposed by Congress with a two-thirds majority vote in both chambers or by a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment becomes part of the Constitution once ratified by three-fourths of the states. This process demonstrates that amending a law after it has been passed is possible, but it requires following specific procedures and obtaining the necessary approvals.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | A sitting member of the U.S. Senate or House of Representatives, or proposed during their election campaign. Citizen groups can also petition bills to a member of Congress. |
| How is an amendment proposed? | The Congress proposes an amendment in the form of a joint resolution. |
| What is the process of amending a law? | Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. |
| What is the process of amending the Constitution in the U.S.? | The amendment must 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. Once Congress proposes an amendment, the Archivist of the United States administers the ratification process. The Archivist submits the proposed amendment to the States for their consideration. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). |
| What is the process of amending the Constitution in other countries? | In the Czech Republic, a constitutional act can only be passed with the agreement of three-fifths of all Deputies and Senators present. In Denmark, after an amendment is approved by parliament, a general election must be held, and the new parliament must approve the amendment again before submitting it to a referendum. In Estonia, the constitution can only be modified by a three-fifths majority in two successive parliaments, and a referendum for certain chapters. In Italy, four constitutional referendums have been held, with constitutional laws approved in 2001 and 2020, and rejected in 2006 and 2016. In the Netherlands, the lower house must be dissolved, and after elections, the proposal to change the constitution is considered again, requiring a two-thirds majority in both houses. In Poland, a bill to amend the constitution may be submitted by at least one-fifth of Deputies, the Senate, or the President. |
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What You'll Learn
Constitutional amendments
In the United States, the Constitution can be amended, but it is a challenging and lengthy process. The Constitution has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution states that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also sends an information package to the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
The proposed amendment is then submitted to the States for their consideration. The Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. 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.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. While the President does not have a constitutional role in the amendment process, they may witness the certification of an amendment.
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US bill amendments
In the United States, a bill is a proposal for a new law or a change to an existing law. The process of amending a law that has already been passed is similar to the process of creating a new law. A bill to amend a law can be proposed by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during an election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress that represents them.
Once a bill to amend a law is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
The process for amending the Constitution of the United States is slightly different. The authority to amend the Constitution is derived from Article V of the Constitution. An amendment to the Constitution 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. The President does not have a constitutional role in the amendment process.
Once an amendment is 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 submits the proposed amendment to the States for their consideration, and the Governors formally submit the amendment to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
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Amendments in the Czech Republic
In the Czech Republic, the constitution is not formed by a single constitutional act but by several enactments and constitutional acts. The Constitution of the Czech Republic has been amended several times since it was first enacted in 1993. Amendments to the constitution are made through constitutional acts, which are approved by both chambers of the Parliament, with a qualified majority of three-fifths of all Deputies and three-fifths of all Senators present.
Some significant amendments to the Czech Republic's constitution include the Euro-amendment, which added Articles 10a and 10b, addressing the country's membership in international organisations and the transfer of powers to such entities. This amendment also emphasised the country's commitment to fulfilling its international obligations. Another notable amendment is Act No. 395/2001 Coll., which provided the legal framework for the Czech Republic's accession to the EU in 2004. Act No. 71/2011 Coll., which came into force on October 1, 2012, introduced the election of the president by popular vote, marking a shift from the previous system of indirect election by the legislature.
The Czech Republic's constitution also includes the Charter of Fundamental Rights and Freedoms, which holds equal importance to the constitution itself. This charter asserts human and civil rights, while the constitution focuses on state sovereignty, territorial integrity, and the institutions governing the state. The constitution is divided into a preamble and eight chapters, covering topics such as legislative power, executive power, and judicial power.
In addition to amendments to the constitution, the Czech Republic's Parliament has adopted extraordinary constitutional acts to address specific situations, such as the Constitutional Act No. 69/1998 Sb., which shortened the electoral term of the Assembly of Deputies during a governmental crisis.
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Amendments in Italy
In Italy, the legislative function is jointly exercised by the two Houses of Parliament (the Senato della Repubblica or Senate of the Republic, and the Camera dei Deputati or Chamber of Deputies). For a bill to become law, it must be approved by both Houses, in identical form.
The process for the formation of the law is established in the Constitution and in the Parliamentary Procedure Rules and includes the following phases:
- Submission of a Bill: A bill may be presented by the Government (the Council of Ministers), by any deputy, by at least 50,000 voters (concerning bills of popular initiative), by the National Council of the Economy and Labor, or by the Regional Councils.
- First Review of the Bill: The bill is first assigned to the competent parliamentary Committee (steering Committee), which conducts an inquiry and prepares a report with the text of the bill for the Assembly.
- Examination of the bill by a Committee as a draft: A committee, specifically charged by the Plenary, prepares a text of the draft bill for the review of the Plenary, which must hold a final vote and may not amend the bill.
- Debate on the Floor of the House: The debate begins with the rapporteur's presentation, addresses by the Government representative, and those of the Deputies who express the position of the various Groups on the general policy expressed in the bill. Then, the individual articles of the bill are examined, and the amendments presented to the text drafted by the Committee are put to the vote.
- Approval of the bill as a whole: After any motions have been considered and after the explanations of the vote have been delivered, the next step in the procedure is the approval of the bill as a whole.
- Transmission of the text to the other House and its approval in the same form or with amendments: The text is sent to the other Chamber for its approval of the same text, or with amendments. This is the so-called "'navette', which occurs when the text of a bill is amended and sent to the other chamber for the approval of an identical version.
- Promulgation by the President of the Republic: If the bill is approved by both Houses in identical form, it is promulgated by the President of the Republic and becomes law. The President may opt to resend the law to Parliament for a new review, thus reopening the legislative procedure. If the law is approved again, the President must promulgate it.
- Publication in the Official Journal and entering into force: After promulgation, the law is published by the Ministry of Justice in the Official Gazette of the Italian Republic (Gazzetta Ufficiale della Repubblica italiana). The law enters into effect – and therefore becomes mandatory for all citizens – at the fifteenth day following its publication in the Official Gazette, except when the same law establishes another date.
The Constitution of Italy, as a rigid constitution, overrules other laws and cannot be repealed or amended by them. However, Article 138 of the Constitution provides for a special procedure for the Parliament to adopt constitutional laws, including laws to amend the Constitution. This process is referred to as iter legis aggravato, or a strengthened legislative process ad hoc for the passing of a constitutional law. The Constitutional Court has also stated in multiple judgments that some principles contained in the Constitution are "supreme principles" (principi supremi), which cannot be repealed, even by amending the Constitution.
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Amendments by superseding
In the United States, laws can be amended after they have been passed. The process of amending a law that has already been passed is similar to the process of creating a new law. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president.
The Constitution of the United States can also be amended after it has been passed. The authority to amend the Constitution is derived from Article V of the Constitution. Amendments to the Constitution 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
In the context of corporate returns, a superseding return refers to a return filed after the original return but within the filing period, including any extensions. It must be a complete XML filing of the entire return, with all required forms, schedules, and attachments. Taxpayers filing a superseding return must indicate that it supersedes the original return by selecting the appropriate checkbox in the software. The MeF system processes both superseding and amended returns for specific forms.
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Frequently asked questions
Yes, laws can be amended after they have been passed. In the US, the Constitution can be amended after it has been passed with a two-thirds majority vote in both the House of Representatives and the Senate.
A bill is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the US Senate or House of Representatives. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
The 21st Amendment to the US Constitution, passed in 1933, repealed the broad prohibition on alcohol and gave states the ability to define alcohol laws within their borders. The Turkish Constitution has been amended 21 times as of 2018, with all amendments being passed at the same time through a constitutional referendum in 2017.
The process of amending a law differs across countries. For example, in the Czech Republic, passage of a constitutional act requires the agreement of three-fifths of all Deputies and Senators present when the proposed act is laid before each house of Parliament. In Denmark, after an amendment has been approved by parliament, a general election must be held, and the new parliament must approve the amendment again before it is submitted to a referendum.
