Keith Mack
The process of amending a law involves introducing new legislation that alters the text of a current law. This can be done by inserting new text, striking out existing text, or both. In the United States, any amendments to existing laws must be made to the official evidence of the law, which is typically the United States Code or the Statutes at Large. The process of amending laws is a complex one, and guidance is often required from the Office of Legislative Counsel and the American Law Division of CRS. There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, which were the first 10 amendments ratified on December 15, 1791.
| Characteristics | Values |
|---|---|
| How to amend a law | A bill (or joint resolution) may directly alter the text of a current law only if its provisions are formulated explicitly as amendments to that text |
| Amendments to a law can either insert new text, strike out existing text, or strike out text and insert new text in its place | |
| Amendments to existing law must be made to the official evidence of the law, which usually means the United States Code or the Statutes at Large | |
| Amendments to a law can be explicit or implicit |
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What You'll Learn
The process of amending a law
Proposing an Amendment
Formulating the Amendment
The proposed amendment must then be carefully formulated. A bill or joint resolution may directly alter the text of a current law by inserting new text, striking out existing text, or doing both. This process must follow specific rules, such as the "Ramseyer rule" and the "Cordon Rule," which require a "comparative print" showing how the bill will alter existing law.
Ratification and Implementation
Once an amendment is proposed and formulated, it must go through a ratification process. In the US, 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, and it becomes part of the Constitution once ratified by three-fourths of the States (38 out of 50). The Office of the Federal Register (OFR) plays a crucial role in this process, examining ratification documents and drafting a formal proclamation for the Archivist to certify that the amendment is valid.
Communication and Publication
The final steps in the amendment process involve communication and publication of the amended law. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble an information package for the States, including formal copies of the joint resolution. This serves as official notice to Congress and the nation that the amendment process is complete.
It is important to note that the process of amending a law can vary depending on the jurisdiction and the specific legislative body involved. The above overview provides a general idea of the steps involved in amending a law, particularly in the context of amending the US Constitution.
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Limitations on the power to amend laws
Another limitation is the requirement of a "comparative print" as stipulated by House Rule XIII, clause 3(e)(1) (the "Ramseyer rule") and Senate Rule XXVI, paragraph 12 (the "Cordon Rule"). When a committee reports a bill that amends an existing law, they must provide a comparative print showing how the bill would change the law. This comparative print aids in understanding the intended effect of the amendment and ensures transparency in the legislative process. It helps to identify potential conflicts or ambiguities between the existing law and the proposed changes.
In some cases, bills may have the effect of supplementing or superseding current law without explicitly amending it. However, this can lead to ambiguities in the interpretation of the law. Courts generally presume that provisions in a new enactment that address the same subject as existing law are intended to be read together and will attempt to give effect to both. On the other hand, if there are conflicts between provisions of a new law and an existing statute, judicial interpretation or further enactments may be necessary to resolve the inconsistencies.
It is important to note that the process of amending laws is complex and varies across different jurisdictions. While the above limitations provide a general framework, the specific rules and procedures may differ based on the legal system in question. The power to amend laws is a fundamental aspect of the legislative process, but it is subject to checks and balances to ensure the integrity and clarity of the law. These limitations help maintain a coherent and consistent legal framework that serves the interests of the people and the principles of good governance.
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Ratification of amendments
The process of amending a law typically involves introducing and passing a bill in the legislative body. In the United States, this process can vary between the federal and state levels, but I will focus on the federal level, specifically on amending the Constitution.
The Constitution of the United States outlines a two-step process for amending its provisions, which involves proposal and ratification. An amendment can be proposed by either the 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 an amendment is proposed, it is sent to the states for their consideration and ratification.
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 by sending a letter of notification to each state governor, along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register for examination and custody. Once the required number of authenticated ratification documents is received, the Director 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.
It is worth noting that amendments can have time limits for ratification, and any amendment proposed must be ratified by the required number of states within the specified timeframe. Additionally, while most amendments are ratified by state legislatures, one method that has been used is through state ratifying conventions in three-fourths of the states, as was the case with the Twenty-first Amendment in 1933.
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![An Act to Amend the Laws in Force Respecting the Sale of Intoxicating Liquors and the Issue of Licenses Therefor [Sic], and Otherwise for Repression of Abuses Resulting from 1864 Leather Bound](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Referendums on amendments
Referendums and initiatives are electoral devices that allow voters to express their wishes regarding government policy or proposed legislation. In the United States, the process of initiatives and referendums allows citizens of many states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation or voting down existing legislation.
In the US, there are two types of referendums: legislative referral (also known as "legislative referendum" or "referendum bill") and popular referendum (also known as "veto referendum", "citizen referendum", or "statute referendum"). Legislative referral involves the legislature putting proposed legislation up for popular vote, either voluntarily or, in the case of a constitutional amendment, as an obligatory part of the procedure. With the exception of Delaware, 49 US states allow legislatively referred state constitutional amendments.
Popular referendums, on the other hand, are initiated by citizens or organizations who gather a predetermined number of signatures to qualify a measure to be placed on a ballot for voting. This process is also known as an "initiative" or "ballot initiative". Washington, D.C., and many other states have initiative and veto referendum processes. Additionally, multiple forms of direct democracy also exist at the local level, with availability varying by jurisdiction depending on state and local laws.
In some cases, an indirect initiative may be rejected, leading to a popular vote on the proposition, sometimes accompanied by the legislature's alternative proposal or a statement of the reasons for the rejection. This process is known as an "indirect initiative" or "legislative referendum". The referendum for constitutional ratification was first used in the state of Massachusetts in 1778 and has since been a significant tool for citizens to express their wishes and directly influence government policy and legislation.
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Amending laws vs. the Constitution
Amending laws and amending the Constitution are two different processes with varying levels of difficulty. While amending laws can be done through bills or joint resolutions that alter the text of the current law, amending the Constitution is a more challenging and time-consuming endeavour.
Amending Laws
A law can be amended by a bill (or joint resolution) that directly alters the text of the existing law. This can be done by inserting new text, striking out old text, or both. These amendments can supplement, repeal, or modify the current law. The Ramseyer Rule (House Rule XIII, clause 3(e)(1)) and the Cordon Rule (Senate Rule XXVI, paragraph 12) require that a committee reporting a bill amending existing law provides a "comparative print" showing how the bill would change the law. This helps clarify the intended effect of the amendment.
Additionally, bills that do not explicitly insert or strike out provisions of existing laws may still have the effect of supplementing or superseding them. In these cases, judicial interpretation or further enactments may be necessary to resolve any ambiguities.
Amending the Constitution
The process of amending the United States Constitution is deliberately designed to be challenging. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come." As of 2025, the Constitution has been amended only 27 times since it was drafted in 1787, indicating the difficulty of the amendment process.
To amend the Constitution, a proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate (Congress). Alternatively, two-thirds of state legislatures can request a Constitutional Convention to propose amendments. However, this has never occurred. Once proposed, the amendment does not require the President's signature or approval. Instead, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
In other countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, sometimes requiring approval through a referendum. In contrast, the United States Constitution uses appended articles of amendment, where amendments are added to the end of the main text without altering the original wording.
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Frequently asked questions
A law can be amended by introducing a bill (or joint resolution) that directly alters the text of the current law. This can be done by inserting new text, striking out existing text, or both.
The process of amending a law involves proposing a bill that addresses a subject on which law already exists. If enacted, this bill would result in changes to the existing law. The bill must explicitly state its intention to amend the existing law or implicitly supersede its provisions.
In the United States, bills that amend laws are typically proposed in Congress. The specific rules and procedures for amending laws are outlined in the House and Senate Rules, such as the "Ramseyer rule" and the "Cordon Rule".
There are various reasons why someone might want to amend a law. It could be to make substantive alterations to existing programs, to update outdated provisions, or to address changes in societal needs and values. Amending a law allows for flexibility and ensures that the law remains relevant and effective.
