CONSTITUTIONAL AMENDMENT Articles An amendment is a change to the con

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An amendment is a change to the constitution of a nation or a state. In jurisdictions with "rigid" or "entrenched" constitutions amendments require a special procedure different from that used for enacting ordinary laws.

A flexible constitution is one that may be amended by a simple act of the legislature, in the same way as it passes ordinary laws. The 'uncodified' constitution of the United Kingdom (UK) consists partly of important statutes, and partly of certain unwritten conventions. The statutes that make up the UK constitution can be amended by a simple act of Parliament. UK constitutional conventions are held to evolve organically over time. The Basic Laws of Israel may be amended by an act of the Knesset.

The constitutions of a great many nations provide that they may be amended by the legislature, but only by a special, extra large majority of votes cast (also known as a supermajority, or a "qualified" or "weighted" majority). This is usually a majority of two-thirds the total number of votes cast. In a bicameral parliament it may be required that a special majority be achieved in both chambers of the legislature. In addition, many constitutions require a that an amendment receive the votes of a minimum absolute number of members, rather than simply the support of those present at a meeting of the legislature which is in quorum. For example, the German 'Basic Law' (the Grundgesetz) may be amended with the consent of a majority of two-thirds in both the Bundestag (lower house) and Bundesrat (upper house). The constitution of Brazil may be amended with the consent of both houses of Congress by a majority of three-fifths. An amendment to the Australian Constitution requires both a majority of the voters nationally and a majority of the voters in a majority of the States i.e. the measure must be carried in four of the six States as well as nationally.

Some constitutions may only be amended with the direct consent of the electorate in a referendum. In some states a decision to submit an amendment to the electorate must first be taken by the legislature. In others a constitutional referendum may be triggered by a citizen's initiative. The constitutions of the Republic of Ireland, Denmark, Japan and Australia are amended by means of a referendum first proposed by parliament. The constitutions of Switzerland and of several United States states may be amended through the process of popular initiative.

Showing 1 to 7 of 7 Articles matching 'Constitutional amendment' in related articles.

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1. Cigarette Companies Burning Through Millions To Defeat Measure
September 02, 2008

Pleasure 50 is a constitutional amendment that would increase the tax on a pack of cigarettes by 85 cents. The money would go to pay for healthcare for kids and adults -- and to fund tobacco prevention programs. J.L. Wilson, the spokesman for ‘No on Measure 50,’ says they’ve raised $9 million because they’re out to win. J.L. Wilson: “The companies involved have every right to defend themselves and defend the people who use their products. And let's face it, the easiest tax in the word to pass on the ballot is a tax that the other guy pays. Which is exactly what a cigarette tax does.” On th... (read more)

Author: Dima Brosca

2. South Carolina Real Estate Tax Changes
September 28, 2007

In June of 2006, the Legislature passed and the Governor signed in to law two bills aimed at comprehensive property tax reform. The first bill made changes to statute governing real property taxes and allowed for property tax swap. The second bill allowed for a Constitutional amendment, subject to voter approval, to change the way real property is assessed. This Constitutional amendment was approved by 69% of South Carolina voters in the 2006 General Election. Property tax reform was a highly public issue that received a great deal of attention from legislators, as no-tax advocates conve... (read more)

Author: Mechelle Cunningham

3. No Bong Hits 4 Jesus
June 30, 2007

The slippery slope of student rights to free speech just got a little more slippery. On Monday, June 25, 2007, the United States Supreme Court overturned a decision of the Ninth Circuit Court of Appeals, holding that a principal did not violate a student's First Amendment Constitutional Rights by forcing him to take down a banner reading "Bong Hits 4 Jesus" at a school sponsored event. See the case Morse, et al. v. Frederick. Freedom of Speech is one of the most fundamental and important rights given to the citizens of a free society. Some societies restrict speech in an effort to consol... (read more)

Author: Douglas Whalen

4. Suppression Motions
June 06, 2006

Suppression Motions Suppression motions are a valuable tool in a DUI case because when evidence can be excluded, the prosecutor’s case is weakened. Suppression follows the rule of law that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. The technical term is that it is "excluded" upon a motion to suppress made by the lawyer for the accused. It is based on the constitutional requirement that "…no [person] can be deprived of life, liberty, or property, without due process of law" (Fifth Amendment to the Constitution, applied to the states by th... (read more)

Author: Darren Kavinoky

5. Roadblocks: What is the means to challenge a roadblock we believe to be illegal?
June 06, 2006

Roadblocks: What is the means to challenge a roadblock we believe to be illegal? It is well-established law that searches and seizures are unreasonable under the Fourth Amendment, absent individualized suspicion of wrongdoing. There are very few exceptions to this general rule. In order to be constitutional, DUI sobriety checkpoint roadblocks must follow specific guidelines set forth by the U.S. Supreme Court and the California Supreme Court. The first step in fighting a roadblock case is to engage in pretrial discovery of the nature of the roadblock. Defense counsel should req... (read more)

Author: Darren Kavinoky

6. Roadblocks: What types of Roadblocks allowed?
June 06, 2006

Roadblocks: What types of Roadblocks allowed? Roadblocks have been established to be “seizures” under the Fourth Amendment. The Fourth Amendment states that a person should be free from unreasonable searches and seizures of their person and their belongings, absent individualized suspicion of wrongdoing. The touchstone for all issues under the Fourth Amendment is reasonableness. Federal constitutional principles require a showing of either the officer’s reasonable suspicion that a crime has occurred or is occurring or alternatively that the seizure is carried out pursuant to a plan ... (read more)

Author: Darren Kavinoky

7. Gay Cowboys - And Other Hollywood Philosophies
March 06, 2006

The whole country is talking about the film Brokeback Mountain and it has created no small stir. On a Sunday morning TV editorial Charles Osgood pointed out that Hollywood is not tying to put forth a gay liberal agenda but rather are interested only in the bottom line – money. Although not inferred, it sounded like capturing the minds of adults or poisoning the minds of our youth was merely an incidental that happened on the way to the bank. For over thirty years I have warned that it is not just what we see on films that can influence us. Each film has a philosophy attached to it whether... (read more)

Author: Michael Bresciani

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