Formal amendment process

Question 1

Advantages of the formal amendment process

Answer 1

1. Protects the rights of smaller states against larger states
2. Means knee-jerk amendments will not be implemented
3. Prevents populist amendments
4. Founding fathers intended for this process to be difficult
5. Prevents abuse of power

Question 2

Disadvantages of the formal amendment process

Answer 2

1. Smaller states have the same say in constitutional amendments as larger states
2. Difficult to adapt to modern day scenarios
3. Amendment process is undemocratic - only 13/50 states need to oppose an amendment to block it

Question 3

Example of FAP protecting the rights of smaller states against larger states

Answer 3

• Smaller states have equal say in changing the Constitution.
• While the Electoral College may not reflect the will of the majority of the population, smaller states retain significant power in the ratification process.
• This protects their interests and prevents larger states from easily imposing changes that could diminish the influence of smaller states in presidential elections.

Question 4

Example of FAP meaning knee-jerk amendments will not be implemented

Answer 4

Flag Desecration Amendment.
- SC ruled in Texas v. Johnson that burning the American flag is protected speech under the First Amendment.

• Amendment was driven by public anger and patriotism, rather than a thoughtful evaluation of the long-term consequences for free speech and civil liberties.

Question 5

Examples of FAP preventing populist amendments -

Answer 5

1. Trump tweeted he would get rid of birthright citizenship, but this right is protected by the 14th amendment
2. Flag Desecration Amendment.
   - Gained significant public support and passed in the House multiple times, it repeatedly failed in the Senate because it couldn’t secure the required super majority.

Question 6

Example of the FAP preventing abuse of power

Answer 6

1. 26th Amendment, which lowered the voting age to 18
   - Proposed by Congress in response to concerns about young men being drafted into the Vietnam War without having the right to vote.
2. Efforts by Trump and Republicans to impose term limits on Congress in the United States.
   - Failed to gain enough traction in Congress to proceed. Protects Democratic Principles and Prevents Executive Overreach.

Question 7

Example of FAP allowing smaller states have the same say in constitutional amendments as larger states

Answer 7

Wyoming has a population of 580,000 but California has nearly 40 million.
- Even though larger states like California, Texas, and New York have far bigger populations, smaller states have equal power in the state ratification process.

• Efforts to abolish the Electoral College have repeatedly failed due to resistance from smaller states (8).
• Passed by the House but failed in the Senate. Senate vote 52-48.

Question 8

Example of FAP being difficult to adapt to modern day scenarios

Answer 8

Equal Rights Amendment was passed in both Houses in 1972, but not ratified due to not gaining ¾ majority of the states

• The ERA was designed to ensure that rights under the law could not be denied based on sex. Still not part of the Constitution.

Question 9

Example of FAP making the amendment process is undemocratic

Answer 9

Only 13/50 states (representing less than 5% of the U.S. population) need to oppose an amendment to block it.

• Smaller states, which benefit disproportionately from the Electoral College, can block the amendment even if the majority of Americans favour it.