amending the constitution Flashcards
how many formal amendments have been made to the constitution compared to how many have been proposed?
27 made
11,000 proposed
what were the first 10 amendements?
bill of rights
what did the bill of rights do?
-gave freedom of speech, religion, the press and assembly
-right to bear arms
-banned use of cruel and unusual punishments
what did the 13th and 14th amendments relate to?
abolition of slavery
when was the last amendment and what did it do?
1992
regarding an increase in congressional salaries only being allowed after the next election
what are the two ways that an amendment can be passed?
- 2/3rd majority in both the senate and the house must approve it
- at a constitutional convention called by 2/3rds of states
what are the two ways an amendment can then be ratified?
- 3/4ths of state legislatures must ratify it
- 3/4ths of state legislatures must ratify it at a special state ratifying convention
how is the constitution informally amended?
through the supreme court
arguments that the constitution is too hard to amend:
-very few amendments have been passed, which prevents the constitution from being updated which is problematic when some key groups like ethnic minorities are protected but women or people with disabilities aren’t
-too much informal amendments takes place via the supreme court (e.g. when they influenced women’s rights by overturning roe v wade) which is an unelected and unaccountable institution
-although states can in theory initiate the formal amendment process under article V, no national constitutional convention has ever been held
-the current constitution includes amendments that may be considered outdated e.g. the right to bear arms
arguments that the constitution is not too hard to amend:
-the high threshold needed for amendment ensures that change only occurs when there’s a wide consensus
-the rights of some groups are not singled out BUT can be protected by state laws, so its not just the constitution that can protect citizens’ rights
-the supreme court does take note of public opinion e.g. through pressure groups influencing them positively when reaching conclusions and so informally amending the constitution e.g. with LGBTQ+ rights