amending the constitution

Question 1

describe the 1st way of amending the constitution:

Answer 1

1. by a 2/3rds majority in both the senate and the house
2. then by 3/4ths of state legislatures ratifying it

Question 2

describe the 2nd way of amending the constitution:

Answer 2

1. at a constitutional convention called by 2/3rds of states
2. then 3/4ths of state legislatures must ratify it at a special state ratifying convention

Question 3

how can the constitution be informally amended?

Answer 3

when the supreme court, during the case decisions they make, update the constitution

Question 4

example of an informal amendment: DoC vs H

Answer 4

-district of columbia vs heller, 2015
-case ruled that banning handguns was unconstitutional, because the right to bear arms can’t be overruled by individual state legislatures
-therefore the 2nd amendment guarantees an individual right to possess firearms

Question 5

name a key amendment of the constitution:

Answer 5

-bill of rights
-freedom of religion, speech, the press and assembly
-right to bear arms
-banned the use of cruel and unusual punishments

Question 6

arguments that the constitution is too hard to amend formally:

Answer 6

1. only 27 amendments have ever been made in the last 200 years, with over 11,000 being proposed. this prevents the constitution from being updated, and means some elements of it can be seen as outdated e.g. right to bear arms
2. too much informal amendment takes placed under the SC which is unelected and unaccountable

Question 7

arguments that the constitution isn’t too hard to amend formally:

Answer 7

1. the high threshold for formal amendment ensures that there’s wide consensus
2. the SC takes note of the direction of public opinion through the presence of pressure groups when reaching conclusions and so informally amending it e.g. LGBT rights