Ways to amend the Constitution

Summary

Amending a constitution is a complex process that requires careful consideration and multiple methods, including constitutional conventions, constituent assemblies, people's initiatives, and legislative processes. Each method has its own challenges, such as the high costs of conventions and the difficulty of gathering enough support for a people's initiative. All proposed amendments must be ratified by the public through a plebiscite. While some argue for the need to amend the constitution, others, like former senator Sagisag, believe the current structure, including a single six-year presidential term, is sufficient. The process underscores the significance and difficulty of altering a country's fundamental laws.

Takeaways

• 😀 Amending the constitution is a complex and lengthy process due to the extensive procedures involved.
• 😀 The constitution is considered the fundamental law of the country and is highly revered, making changes to it a serious matter.
• 😀 There are several methods to amend the constitution: constitutional convention, constituent assembly, people's initiative, or through a law or resolution.
• 😀 A constitutional convention can be called by Congress through a majority vote, but the process of selecting delegates can be cumbersome.
• 😀 A constitutional convention is considered the most expensive way to amend the constitution due to the potential need for special elections for delegates.
• 😀 In a constituent assembly, both the Senate and the House of Representatives convene to propose constitutional amendments, with incumbent lawmakers automatically serving as delegates.
• 😀 For a proposed amendment to pass in a constituent assembly, it requires a three-fourths majority vote.
• 😀 A people's initiative allows the public to propose constitutional changes, but it requires 12% of registered voters (around 7 million people) to sign the petition.
• 😀 People's initiative attempts in 1997 and 2006, led by former presidents Fidel Ramos and Gloria Arroyo, were unsuccessful due to insufficient public support.
• 😀 Lawmakers can propose amendments by filing a bill, which then undergoes the usual legislative process, including committee deliberations, debates, and a vote in both chambers of Congress.
• 😀 Any proposed constitutional amendment must be ratified by the entire nation through a plebiscite, where the public votes on the change.
• 😀 Some experts, like Sagisag, argue that there is no immediate need to amend the constitution, and that focusing on a single six-year presidential term is sufficient.

Q & A

What is the importance of the constitution in a country?

The constitution is the country's fundamental law and is regarded with great reverence, as it outlines the basic legal framework and principles governing the nation.

What are the main ways to amend a country's constitution?

A constitution can be amended through a constitutional convention, a constituent assembly, a people's initiative, or by passing a law or resolution to do so.

What is a constitutional convention, and how is it formed?

A constitutional convention is formed when Congress calls for it via a majority vote. Delegates to this convention can either be appointed or elected, depending on what Congress decides.

Why is a constitutional convention considered the most costly way to amend the constitution?

A constitutional convention is costly because it may require the Commission on Elections to organize special elections to elect delegates, which involves significant logistical and financial resources.

What is a constituent assembly, and how does it work?

In a constituent assembly, the Senate and the House of Representatives convene to propose constitutional amendments. Incumbent lawmakers automatically serve as delegates, and the proposed amendments must be approved by three-fourths of the assembly's votes.

How does a people's initiative work in proposing constitutional amendments?

A people's initiative allows citizens to propose constitutional changes directly by gathering signatures from 12% of registered voters, which is approximately 7 million people. This process has been challenging in the past due to difficulties in obtaining enough signatures.

What are the past attempts at using a people's initiative to amend the constitution?

Former Presidents Fidel Ramos in 1997 and Gloria Arroyo in 2006 both led attempts at using a people's initiative to amend the constitution, but these efforts failed due to insufficient support.

How can lawmakers propose constitutional amendments through legislation?

Lawmakers can propose amendments by filing a bill, which then goes through committee deliberations, debates, and voting in both chambers of Congress. The bill must pass both chambers before being put to a national plebiscite.

What is the final step in the constitutional amendment process?

Regardless of the method used to propose amendments, any proposed change must be voted on and approved by the entire nation in a plebiscite.

What is the viewpoint of former senator Sagisag regarding the need for constitutional amendments?

Former senator Sagisag argues that there is no current need to amend the constitution, as he believes the nation should focus on other priorities, such as the six-year presidential term, rather than getting distracted by potential constitutional changes.