the amendment process

Question 1

what is the amendment process?

Answer 1

1. both houses of congress msut adopt a proposed amendment with a 2/3 vote
2. 3/4 of state legislatures must ratify the amendment

Question 2

disadvantages

what are the disadvantages in the formal amendment process?

theres 5

Answer 2

1. difficulty in ensuring the constitution remains up to date
2. outdated aspects of the constitution still existing
3. power given to the supreme court
4. tyranny of the minority
5. despite the difficulty, there have been mistakes

Question 3

disadvantages

1. difficulty in ensuring the constitution remains up to date

Answer 3

• there are changes in modern society that are not reflected in the constitution:
• Eg. the ERA was only ratified in 2020 after gaining support of a 38th state, almost 50 years after it had been sent for ratification

Question 4

disadvantages

outdated aspects of the constitution still existing

Answer 4

Eg. the senate is now elected not appointed, but many aspects remains: former supreme court justice stevens identified 2nd amendment as outdated.

Question 5

disadvantage

power given to the supreme court

Answer 5

• too much
• supermajority means actions rarely overturned
• supreme court justices are appointed
• lots of power to interpret its meaning

Question 6

disadvantages

tyranny of the minority

Answer 6

supermajorities mean a small number of people or states can stop an amendment passing
Eg. the ERA passed in the house in 1971, senate in 1982, but only 35 states ever ratified it, the 15 states that didnt ratify it accounted for 28% of the population..

Question 7

disadvantages

despite the difficulty of the formal process, there have been mistakes

Answer 7

Eg. 18th amendment passed in 1920 prohibited the sale or transport of alcohol in response to prohibition movements

Question 8

advantages of the formal process

what are the advantages of the formal process?

there are 6

Answer 8

1. broad support
2. prevents short lived trends from becoming amendments
3. protects the constitution and its principles
4. prevents tyranny of large states or single parties
5. few changes
6. it works

Question 9

advantages of the formal process

braod support

Answer 9

in a country so large, it is cruicial the constitution reflects as many americans as possible

Question 10

advantages of the formal process

prevents short lived trends from ebcoming amendmets

Answer 10

while the 18th amendment as an error, 1 error in more than 200 years suggests the process works welll

Question 11

advantages of the formal process

protects the constitution and its principles

Answer 11

political parties are protected and liberal ideas cruicial to america Eg. the amendment process should result in bipartisan support through the requirement for supermajoties

Question 12

advantages of the formal process

prevents tyranny of large states or single parties

Answer 12

each states are acknowledged indicivudally when ratifying. If it was population based, larger states would dominate and smaller states would be ignored.
Eg. the balanced budget amendment favoured by republicans was prevented because it only would have benefited republicans

Question 13

few changes

Answer 13

american rights are clear. States are left to govern mostly and decide what is best for tis citizens.

Question 14

advantages of the formal process

it works

Answer 14

27 anebndments have made it throug, it has allowed amendments to apss when needed but has prevented unnecessary amendmnet.