AMEND'MENT. A term used with reference both to legislative action and parliamentary and judicial procedure. Amendment in legislation is the alteration of an existing statute by means of a new legislative enactment, which may expressly refer to and modify the earlier law, or which by reason of its inconsistency with the earlier law may impliedly modify its meaning. In general there is no limitation upon the power of legisla tive bodies to amend or repeal existing laws, except the provisions of the constitution to which the legislative body is subject. The British Parliament, being itself the constitution making body, has unrestricted power to amend and repeal existing laws. In the United States. Congress has power to repeal laws of the United States, but it has no power to amend the pro visions of the constitution. The method of amending the Constitution of the United States is provided by Article V. of that instrument, but the exercise of this power is limited by the pro vision "that no State without its consent shall be deprived of its equal suffrage in the Senate." The United States Constitution contains no pro vision directly limiting the power of the State Legislatures to repeal the statute law of the sev eral States: but Article I., Section 10, providing that "No State shall pass any law impairing the obligation of contract," amount*: to a restriction on the power of the Stale Legislature to repeal statutes which are in effect contracts with the citizen of the State. This construction was first established in the celebrated Dartmouth College case (q.v.). The several State constitutions may also, and frequently do, limit the power of the Legislature to amend or repeal existing laws.
See CONSTITUTIONAL LAW; ABROGATION.
Amendment in parliamentary procedure is used in order to vary or to qualify a motion, bill, or resolution before the House. Amendment is usually offered by means of a motion, and when adopted in accordance with the rules of parlia mentary procedure becomes a part of the original motion or bill, which may then be voted upon. In the case of bills before legislative bodies, amendment is not infrequently a method of changing the entire scope and meaning of a bill, or of dismissing it from any further considera tion. See PARLIAMENTARY LAW, and the an-. thorities there referred to.
Amendment in the la NV of pleading and prac tice is the correction of an error or defect in a pleading; or judicial proceeding in the progress of action or proceeding. The amendment may lie "as of course," i.e., without application to the counsel or judge, or "on leave," as the statute or rules of pleading and practice may require. Amendment at common law independently of statute might be made to remedy formal defects. by leave of the court at any time before the sign ing of the judgment in the action. Leave to amend was a discretionary matter, and when granted. it might be on such terms as the court should direct, usually on payment of the costs of the action up to the time of amendment. By modern statutes amendments are allowed after judgment in furtherance of justice, and are more liberally allowed than formerly, when the defect is one of substance or atTects the merits of the ease. See PLEADING; PRACTICE; STATUTE OF JEOFAILS, and the authorities there referred to.