Congress: The Amendment Process Flashcards
1
Q
What are the two methods of proposal?
A
- 213 votes in both the house & senate (most common).
OR - Can be requested by congress by 2/3 of state legislators.
2
Q
What are the two methods of ratification?
A
- 3/4 of legislators of the states (most common)
OR - Through conventions in 3/4 of the states (used once- 21st amendment)
3
Q
What points suggest the amendment process works?
A
- It protects current amendments
- Entrenchment
- Prevents abuse of power
- Bipartisanship
4
Q
What points suggest the amendment process doesn’t work?
A
- It’s difficult to remove
- It needs updating
- It’s undemocratic
- The Supreme Court has excessive power
- Encourages tyranny of the minority
5
Q
What statistics show the amendment process works?
A
- 1/5 of Americans in 2018 wanted to repeal the 2nd Amendment.
- Trump described the system as ‘archaic…it’s a really bad thing for our country’ when he was defeated in his healthcare bill and travel ban.
- It prevents tyranny of the majority- states like California dictating power due to population size.
- Values change, and amendments like the Marriage Protection amendment 2005/6. would be seen as outdated now.
6
Q
What statistics show that the amendment process doesn’t work?
A
- It takes 13 out of 50 states to to block an amendment/2% of the population.
- Equal rights amendment (28th) secured full equality for women but failed to be ratified until 2020 by 38 states.
- In congress, some amendments, like the Flag protection act, have received over 50% of votes in the house and senate but have not reached the supermajority thresh hold.
- Meese argues the US has an imperial judiciary with no effective constitutional limits as its virtually impossible to change their rulings
7
Q
Who argued that the US has an imperial judiciary?
A
Meese
8
Q
What does Meese say about the Supreme Court?
A
Argues the US has an imperial judiciary with no effective constitutional limits as its virtually impossible to change their rulings.
