CONSTITUTION - Amendments Flashcards
Amendment procedure
Route 1 explanation
- Amendment proposed by 2/3 majority in both Houses of Congress
- Passed by ¾ of all State Legislatures OR ¾ of states MUST hold constitutional conventions (grand committee for the legislature who are representatives of the people locally)
- The Constitution is amended
Amendment procedure
Route 2 explanation
- National Constitutional Convention called by at least 2/3 of the states
- 2/3 majority in both Houses of Congress
- The Constitution is amended.
Amendments statistics
How many proposed since 1789?
How many debated every term?
How many approved amendments?
How many rejected from states but approved in Congress?
Approximately 12,000 proposed amendments since 1789.
There are often around 200 every term of Congress.
There are 27 Amendments. (Agreed by ¾ of the states)
Only 6 potential amendments proposed by Congress were not approved by the states.
Examples of unsuccessful Amendments:
Equal Rights Amendment
ERA was approved by Congress in 1972, which would make government discrimination on the basis of sex illegal. It failed because it was three states short of the 3/4 required at the time.
The three states followed soon:
Nevada in 2017
Illinois in 2018
Virginia in 2020
There are still issues: five states have acted to rescind their prior approval which raises important questions
Examples of unsuccessful Amendments:
District of Columbia
Most recently, in 1985, the District of Columbia voting rights amendments – which would have given DC full representation in Congress as if it were a state, was ratified by only 16 states (rather than the required 38)
Why has the Constitution been so rarely amended?
Brief overlook
- The Founding Fathers create a fundamentally difficult process.
- The Founding Fathers established a document that is intentionally vague, which has allowed the Constitution to evolve without the need for a formal amendment.
- Americans became cautious with unnecessarily tampering with the Constitution, particularly because of the chaos created by the prohibition laws in the 1920s and 1930s (the speakeasies and so on)
Why has the Constitution been so rarely amended?
The most significant reasoning
The most predominant reason is the Supreme Court’s power with the judicial review… this enables it to interpret the Constitution which in effect, changes the meaning of the words written over two centuries ago.
ADVANTAGES OF THE PROCESS
It works
It may be arduous (difficult) but the process has allowed 27 amendments through… it has allowed the necessary amendments to pass.
ADVANTAGES OF THE PROCESS
Protects the Constitution’s principles
The principles of the Constitution as embedded by the Founding Fathers are what makes American democracy what it is. Separation of powers, and the republican ideals (prevention of arbitrary rule such as monarchy or dictatorship) are crucial for American politics. The challenging amendment process meant that political ideals laid down by the Founding Fathers are sufficiently protected.
ADVANTAGES OF THE PROCESS
Broad support needed
The need for a super-majority means that any amendments that have passed must have broader support across the USA. In such a versatile country, it is fundamental that the Constitution reflects the political and cultural beliefs.
ADVANTAGES OF THE PROCESS
Few changes
There are a total of 27 amendments to the US Constitution – this means that day-to-day governance is left to the Congress and more likely, to the individual states to decide what is best for their citizens. This means the Constitutions’ principles are clear and unchanging. US people known their rights because of the embedded importance of the Supreme Court in the US political system… in comparison with the UK, who don’t have a singular document identifying their rights and the power of the S.C
ADVANTAGES OF THE PROCESS
Prevents tyranny of the larger states
Federalism ensures that the states remain a fundamental part of the political system, through the recognition of each state individually rather than by the population. The ratification stage recognises states individually, though each has recognisable worth to the US democracy. By requiring supermajorities, any single party is prevented from dominating the amendment process (as they cannot force through amendments favoured only by their supporters)
ADVANTAGES OF THE PROCESS
Prevents short-lived trends from permanency
Arduous and difficult nature of the process means that amendments that are simply in response to developing circumstances are not passed. This is important in the wake of party polarisation… this has been evident in the USA and in Congress over the past decades. Prohibition of alcohol was an error, but this is only one mistake in over 200 years.
DISADVANTAGES OF THE PROCESS
Constitution is not always up to date
Modern society is continually changing and so it is difficult to ensure that the Constitution will accurately reflect this. Former Supreme Court Justice, Stevens, outlined how he believed 6 areas of the Constitution need amending. He included the reforms on campaign financing, death penalty, and perhaps most importantly, gun control.
DISADVANTAGES OF THE PROCESS
Outdated aspects still have influence
The US population is bigger, technology has advanced fundamentally, political, and cultural ideas have progressed. Constitutional amendments have addressed this, such as changing the Senate from an appointed to elected house. But Supreme Court Justice Stevens felt that the 2nd Amendment should only be applicable to those serving in the militia and that capital punishment should be wholly eliminated.
