Also known as:amend · amends · amended · amending · amendments · amendatory · amender
Written by attorneys · grounded in primary & secondary sources — see below
An alteration made to a legal instrument such as a constitution, statute, pleading, trust, will, or zoning ordinance by addition, deletion, or correction.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Senate Amends Revenue Bill
The House passes a bill raising taxes on imports. The Senate adds a new exemption for agricultural products before sending the measure to the President. The change qualifies as an amendment because the Senate may propose or concur with amendments to revenue bills under the constitutional process.
Evidence Rule Receives Amendment
Congress amends Federal Rule of Evidence 610 to state that evidence of a witness's religious beliefs is not admissible to attack or support credibility. The revision takes effect after the prescribed effective date and governs all subsequent trials involving witness testimony.
A plaintiff files a complaint alleging a violation of federal rights. After discovery reveals additional facts, the plaintiff files an amended pleading asserting an implied cause of action directly under the Constitution. The court accepts the filing because federal question jurisdiction exists even without an express remedial provision.
Will Devises to Amendable Trust
A testator executes a will that devises property to the trustee of a revocable trust created during life. The trust is later amended to change beneficiaries. The devise remains valid because the will identifies the trust and permits amendments after execution.
Revocable Trust Receives Amendment
A settlor creates a revocable trust and later executes a written instrument adding new property and altering distribution terms. The amendment is effective because the capacity required matches that needed to execute a will.
Zoning Ordinance Amended for New Use
A city council holds a public hearing and votes to amend its zoning map to reclassify a parcel from residential to commercial. The change must relate to public welfare and avoid arbitrary spot zoning favoring a single owner.
Common questions
Frequently Asked
3
When may the Senate propose amendments to revenue bills?+
The Constitution permits the Senate to propose or concur with amendments to revenue bills that originate in the House. The amendment process follows the same procedures used for other legislation.
Does an amendment to a revocable trust require the same capacity as a will?+
Yes. The capacity to amend a revocable trust equals the capacity required to execute a will under the Uniform Trust Code.
What limits apply to zoning amendments?+
Zoning amendments must satisfy notice and hearing requirements and bear a substantial relation to public health, safety, morals, or general welfare. Arbitrary spot zoning that favors one owner without public purpose may be invalid.
407 U.S. 67 (1972)Property
…of constitutional law. The right to a prior hearing has long been recognized by this Court under the Fourteenth and Fifth Amendments. Although the Court has held that due process tolerates variances in the form of a hearing "appropriate to the nature of the case," Mullane v. Central Hanover Tr. Co. , 339 U. S. 306,…