Codicils vs. Edits

There are typically two different methods of amending constitutions, with tradeoffs involved in each method.

Codicils

Unlike most founding documents, the United States Constitution follows a codicil method of amending. A codicil is a legal document that amends another legal document; the term is typically used in estate planning, to describe a particular way to update a last will and testament.

Codicil amendments are added to a document without modifying any of the original text. They generally are considered to follow the legal doctrine of “implied repeal,” where any contradiction in text is resolved in favor of the latest section added — so amendments, essentially, have the last word. The result of the codicil method is a visible list of changes to the constitution, all gathered together like endnotes to a book.

Just in terms of keeping track of amendments, it also helps that the authors of the U.S. Constitution designed a process that was meant to require strong consensus before amending. As a result, amendments are rare: the U.S. Constitution has only been amended 27 times, with the last one ratified in 1992.

Text Edits

The Constitution of Virginia, like most constitutions throughout the world, allows amendments to directly edit the existing text. So, for example, the 2020 amendment that changed the redistricting process in Virginia edited parts of Article II, Section 6, while also adding an entirely new sub-section 6-A. If you view Article II in the online LIS today, you will not be able to see what changes were made, but only the new version with the changes incorporated.

Editing, as opposed to codicils, makes it easier to find the latest constitutional rules; there’s no need to cross-reference amendments to find the “last word.” But an edited document of this kind will make it much more difficult to track changes.