Amendment Process Flashcards
How is an amendment process?
either by:
- 2/3 majority in both houses of Congress
- national convention called by congress at the request of 2/3 state legislatures
How is an amendment ratified?
- 3/4 of state legislatures
OR - 3/4 of state conventions
What have been the most successful attempts at amending the constitution?
- if they were proposed by a 2/3 majority of both houses of Congress
- then ratified by 3/4 of the state legislatures
Give an example of a proposal that failed sufficient state support.
- Equal Rights Amendment - to provide equality of gender rights by federal and state governments
- failed to reach required number of states in 1982
Give an example of a proposal that did not receive a 2/3 majority in each chamber
- Flag Protection Amendment - would allow Congress to make it illegal to violently disrespect the US flag
US v Eichman 1990
overturned Flag Protection Act as went against 1st Amendment
Give an example of a proposal that was not voted on by both chambers of Congress
- Right to vote amendment - introduced to prevent restrictions on voting
How does the amendment process uphold federalism?
it ensures that both the federal and state governments favour a proposal
What are the advantages of the amendment process?
- upholds federalism
- super majorities ensures against temporary/ill-thought-through amendments
- prevents abuse of power
What are the disadvantages of the amendment process?
- difficult to remove outdated aspects
- difficult to incorporate new ideas
- undemocratic
- gives SC excessive power
Give an example of an outdated aspect of the constitution
electoral college
