Amendment Procedures

From Rigid to Flexible

Amendment procedures range from nearly impossible to relatively easy. The US Constitution is among the most rigid: amendments require two-thirds of both chambers of Congress plus ratification by three-fourths of state legislatures (38 out of 50). Only 27 amendments have been ratified in over 230 years. Germany's Basic Law requires a two-thirds vote in both the Bundestag and Bundesrat — easier than the US process but still demanding. Germany has amended its constitution over 60 times since 1949.

India's Constitution is far more flexible. Most provisions can be amended by a two-thirds vote of Parliament members present and voting, plus a simple majority of total membership. India has passed over 100 amendments since 1950. At the extreme, the UK's uncodified constitution can be changed by ordinary legislation — no special procedure is required.

Eternity Clauses

Some constitutions declare certain provisions unamendable — so-called 'eternity clauses.' Germany's Article 79(3) provides that amendments affecting human dignity, the democratic order, federalism, or the separation of powers are impermissible. This was a direct response to the Weimar Republic's collapse — the Nazi regime used constitutional amendment procedures to legally dismantle democracy. The framers of the Basic Law resolved that certain principles must be beyond the reach of any majority.

France's Constitution declares the republican form of government unamendable. Italy prohibits amendments to its republican form. These provisions raise a philosophical question: can a democratic people bind themselves forever? If a future supermajority wants to change the fundamental character of the state, does an eternity clause entrench the values of one generation over all future generations?

Amendment Difficulty Compared

Rigidity protects fundamental commitments from temporary majorities, but it can also freeze a constitution against reforms a society genuinely needs. The US sits at the rigid extreme; the UK, with no special procedure at all, sits at the flexible extreme.