Cecily Zamora
Amendments and regular laws differ in their nature and the process of implementation. Amendments are changes or additions made to a constitution, statute, or legislative bill, and they are usually brought about by a set procedure. They are often necessary to address inconsistencies between laws and the constitution, and they can fundamentally alter a country's political system. Amendments are typically proposed by a legislative body, like Congress in the US, and then ratified by a supermajority of states or state legislatures. On the other hand, regular laws are numerous and are approved by both houses of a legislative body and the head of state, like the US Congress and the President. These laws are then implemented by relevant federal agencies and are subject to judicial review for their constitutional validity.
| Characteristics | Values |
|---|---|
| Hierarchy | Amendments are above regular laws in the hierarchy |
| Process | The amendment process is very difficult and time-consuming |
| Jurisdiction | The process of drafting and writing amendments differs across jurisdictions |
| Ratification | Amendments require ratification by states |
| Supermajority | Amendments require a supermajority, i.e., two-thirds of both houses of Congress |
| Referendum | Amendments may require approval through a referendum |
| President | Amendments do not require the President's signature or approval |
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What You'll Learn
Amendments are changes to a constitution, statute, or bill
An amendment is a change to a constitution, statute, or bill. Amendments are often necessary due to the length and detail of constitutions. They can be made to existing constitutions, statutes, and bills and are usually submitted to an exact prescribed procedure. For example, in the US, amendments are proposed by Congress and sent to the states for their consideration. The US Constitution has 27 amendments, including the Bill of Rights, which are the first 10 amendments.
Constitutional amendments are a level above laws as they change the constitution itself, and only another amendment can overturn them. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become law in the form of acts of parliament. However, they cannot become law until approved in a referendum. The process of amending a constitution can be lengthy and time-consuming, requiring approval from a supermajority of both houses of parliament or a two-thirds majority of members in each house of Congress, as well as ratification by three-fourths of the states.
Amendments can also be made to bills during their passage through a legislature. For example, Congress regularly passes amendments to acts it previously passed. Amendments to bills must follow specific rules and cannot be proposed during the second reading of a bill. Instead, the bill must be approved or rejected in its entirety.
Amendments are different from regular laws in that they change or add to an existing constitution, statute, or bill, whereas laws are separate documents that must be approved by Congress and the President. Amendments are also typically more challenging to pass than laws, as they often require a higher level of approval and ratification.
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Amendments are harder to pass than laws
Amendments are generally harder to pass than laws due to the rigorous process involved in their proposal and approval. In the United States, for instance, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states. This is a challenging task, as it requires a high level of agreement across a large number of geographic regions and political representatives.
The process of amending a constitution can vary across different jurisdictions. In some countries, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. However, these amendments may require approval through a referendum, demonstrating the higher bar for their implementation compared to regular laws.
The German Weimar Constitution of 1919 provides an example of the ease with which laws can be passed in comparison to amendments. Under this constitution, any law that achieved a supermajority in both chambers of parliament could deviate from the constitution without becoming part of it. This low threshold allowed for significant changes to the country's political system without the need for a formal amendment.
The amendment process is often deliberately designed to be more challenging than the passage of laws to ensure stability and prevent hasty changes to a country's foundational document. For instance, 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. This high threshold helps protect the integrity of the constitution and ensures that amendments are carefully considered and widely accepted.
Furthermore, amendments often require ratification by a higher authority or a larger portion of the population, which can be a lengthy and complex process. In the United States, for example, amendments must be ratified by the states, and this process is administered by the Archivist of the United States, who follows established procedures and customs. The involvement of multiple levels of government and the need for widespread consensus contribute to the difficulty of passing amendments compared to regular laws.
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Amendments are above laws in the hierarchy
Amendments are a whole level above laws in the hierarchy. They are additions or alterations made to a constitution, statute, or legislative bill or resolution. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, they cannot become law until they have been approved in a referendum. Amendments to the Constitution change and amend the Constitution, and therefore, they cannot be overturned except by another amendment.
The process of amending a constitution is often difficult and time-consuming. In the United States, for example, a proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states. This process ensures that amendments are not made lightly and that they have broad support across the country.
The United States Constitution, which consists of a preamble, seven articles, and 27 amendments, serves as an example of the amendment process. The first 10 amendments are known as the Bill of Rights, and they were added to protect the fundamental rights of US citizens.
Amendments are also made to existing constitutions and statutes and are commonly made to bills as they pass through a legislature. They can fundamentally change a country's political system or governing institutions, so they are typically subjected to a prescribed procedure. For instance, 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 conclusion, amendments are above laws in the hierarchy because they have the power to change and amend constitutions, which are the foundation of a country's governmental system. The amendment process is typically more rigorous and involves more stakeholders than the process for passing regular laws.
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Amendments are proposed by Congress
Amendments are a whole level above regular laws. While laws can be judged against the constitution and found to be invalid, amendments change and amend the constitution. This means that amendments cannot be overturned except by another amendment. For instance, before the 16th Amendment, Congress passed a law instituting income tax, but the Supreme Court ruled it unconstitutional. Amendments are also different from regular laws in the way they are passed and what they can affect.
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. After Congress proposes an amendment, 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 by sending a letter of notification to each Governor, along with informational material prepared by the OFR.
The process of amending the Constitution is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states. Congress decides whether the ratification will be by state legislatures or popularly elected conventions in the states. In many U.S. states, the state constitutions have been amended at least 100 times. Amendments are often necessary due to the length and detail of state constitutions.
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Amendments are ratified by states
Amendments are a level above regular laws as they change and amend the Constitution. This means that they cannot be overturned by anything except another Amendment. The process of amending the Constitution is long and arduous, and most states must approve an Amendment individually. 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. After Congress proposes an amendment, 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 by sending a letter of notification to each Governor, along with informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment must be passed by two-thirds of both houses of Congress, and then it must be ratified by the legislatures of three-fourths of the states. This can be done through a convention system, but this has only been used once, for the Twenty-First Amendment, which repealed prohibition.
Once 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 OFR examines ratification documents for facial legal sufficiency and authentication. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, who may include the President.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, they cannot become law until they have been approved in a referendum.
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Frequently asked questions
An amendment is an addition or alteration made to a constitution, statute, or legislative bill or resolution. Amendments are usually submitted to an exact prescribed procedure.
Amendments are in a hierarchy above all other laws. They are changes to the Constitution and cannot be overturned by anything except another Amendment. Regular laws, on the other hand, are passed by Congress and the President and are compatible with existing amendments.
The process of amending the Constitution is lengthy and time-consuming. After Congress proposes an amendment, it must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.
