Amending the Constitution (Unit 4, Lesson 2) Flashcards
Which article of the Constitution gives the power to amend the Constitution?
Article 5
What are the TWO ways to propose an amendment?
Two-thirds of both houses of Congress vote to propose an amendment, OR
• Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. This version has not yet been used.
What are the two ways to ratify an amendment?
Three-fourths of the state legislatures approve it, OR
• Ratifying conventions in three-fourths of the states approve it. This method was used only once – to ratify the 21st Amendment (repealing Prohibition).
How long does an amendment have to be ratified?
The Supreme Court has stated that ratification must be within “some reasonable time after the proposal.” Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification of 7 years.
How many amendments have been proposed and ratified?
Of the thousands of proposals that have been made, only 33 obtained the necessary two-thirds vote in Congress. Of the 33, 27 amendments have passed.
Why is it important to be able to amend the Constitution?
One of the most important features of the Constitution is that it can be altered, expanded or contracted without replacing the entire document.
Why would people be reluctant to amend the Constitution?
There has also been a reluctance to include in the Constitution things which could be accomplished without amending the Constitution.
What happens once an amendment passes?
Once it is done, it becomes higher than all other laws of the US, and cannot be legislated away by Congress or Ordered away by the President. Once an Amendment is part of the Constitution, it is there until another amendment deletes it, which again takes 3/4 the States to approve.
Why did the Founding Fathers make it difficult to amend the Constitution?
The Founding Fathers deliberately made it difficult to amend the U.S. Constitution, which they felt should be protected from trends and passing passions.
Since 1926, how many amendments have been approved by Congress but not ratified?
In recent times, only three amendments approved by Congress have not been ratified by three-fourths of the States.
Why was the child labor act of 1926 not ratified?
This would have given Congress significant control over state labor laws, specifically regarding child labor. Most state legislatures felt it was too intrusive, however, so it was never approved.
Why was the equal rights amendment not ratified?
The second is the equal rights amendment, which formally died on June 30, 1982. It was an effort to provide a constitutional guarantee of equal rights for women. Opponents argued that the amendment was unnecessary because women’s rights were already guaranteed by the Constitution.
Why was representation for DC not ratified?
The third related to representation in Congress for the District of Columbia, which failed in 1985. This amendment would have given the District of Columbia the same voting rights as a state, with two Senators and a Representative. States felt that the District was unique as a federal entity and too small to get two Senators.
